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Coverage for unborn children up in air

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Lawmakers failed to act on a bill that would have amended Indiana's child wrongful death statute to cover unborn children, thus defeating it for this legislative session in its current form.

Authored by Sen. Vaneta Becker, R-Evansville, Senate Bill 341 would have expanded the state statute on civil wrongful death claims to include fetuses that otherwise would have been considered "viable," or about the seven-month stage of pregnancy.

Becker has repeatedly sought this change since 2002, when the Indiana Supreme Court decided Bolin v. Wingert, 764 N.E. 2d 201 (Ind. 2002), and changed the scope of the state's Child Wrongful Death Act as it applies to unborn children. Justices determined that a 10-week-old fetus didn't fit the definition of "child" because the legislature that drafted the statute in 1881 only intended for babies born alive to be covered.

With this 2009 legislation, the Senate had voted 47-2 in favor of it in February and the bill made it through committee on the House side, but then it stalled before the full House when an amendment attempted to change its scope. The original bill would have covered any "viable" fetuses, but three separate amendments in recent weeks all pushed to include any "child in utero" - defined as a fetus at any stage of development who is carried in the womb. Those offering amendments were Sens. Tim Brown, R-Crawfordsville; Wes Culver, R-Goshen; and David Yarde, R-Garrett. Yarde also offered changes to include abortion language such as what isn't covered and what doctors must inform women about those procedures.

None of those senators' proposed changes were adopted, and the House sponsors Reps. Peggy Welch, D-Bloomington, and Trent VanHaaften, D-Mt. Vernon, withdrew the bill three times, most recently on Tuesday. SB 341 wasn't on the calendar for the deadline day Wednesday and is effectively dead in its current form. Neither Becker, Welch, nor VanHaaften could be immediately reached today for comment on the legislation.

However, that inaction comes as the General Assembly is passing similar language relating to criminal law coverage of unborn children. On April 6, the House voted 96-0 in favor of Senate Bill 236 increasing the penalty for fetal homicide relating to unborn children at any stage of development. That bill enhances the criminal feticide penalty from the current two- to six-year term to a six- to 20-year penalty, and also allows for an additional six- to 20-year prison term for anyone convicted of murder or attempted murder if they cause pregnancy loss. That bill has returned to the Senate for considerations of an amendment replacing references to the death of a child in utero with new language referring to the termination of a human pregnancy, matching existing language in the state's feticide law.

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  1. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

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