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House OKs feticide bill, sends back to Senate

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Legislation that would increase the penalty for fetal homicide has made it through the Indiana House of Representatives, and now must go back for approval in the Senate where it originated since some changes were made.

On Monday, the House voted 96-0 in support of Senate Bill 236, which would apply to fetuses at any stage of development and enhance the feticide penalty from the current two- to six-year term, to a six- to 20-year penalty. It would also allow an additional six to 20 years of prison time to be added for anyone convicted of murder or attempted murder if they cause pregnancy loss, boosting the feticide penalty from a Class C to a Class B felony.

The only amendment replaced 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. The Senate had passed the bill by a 40-9 vote on Feb. 25, and will now reconsider it with the new language.

Lawmakers leading the effort were Sen. James Merritt and Rep. Mike Murphy, both R-Indianapolis, and Rep. Linda Lawson, D-Hammond. The legislation comes in response to an Indianapolis shooting in April 2008, when a pregnant bank teller was shot in the abdomen and later lost the twin girls she'd been carrying for about six months. One was stillborn, and the other died about five hours after the premature birth.

Current law only allows murder charges to be filed if a fetus has reached "viability," or about seven months. Approximately 37 states have feticide laws and about 18 of those consider the killing of a fetus at any stage to be murder, Merritt noted.

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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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