(NASHVILLE, TN), April 28, 2010 -- The Senate Judiciary Committee has approved a bill sponsored by Senator Diane Black (R-Gallatin) to make it a separate felony offense to harm or kill a fetus who is killed or injured in an assault against the mother, regardless of its viability.  The bill was approved yesterday as the Senate Judiciary Committee completed their business for the 2010 legislative session. 

Under Tennessee’s present law, offenders charged with a homicide against a pregnant woman, can only be charged with the death of the fetus if it is considered “viable” at the time of the assault.  This legislation, Senate Bill 3699, specifies that when a defendant commits a homicide or assault against a pregnant woman, the woman’s fetus is also considered a victim of the offense, regardless of its gestational age or viability.

“The fact remains that the life of the unborn child is endangered, regardless of its viability, or in the case of murder, ended as the result of the violent act,” said Senator Black.  “This bill recognizes that a violent act against a pregnant woman involves the assault on two lives, the mother and her fetus.”

The bill is sponsored by Rep. Joshua Evans (R-Greenbrier) in the House of Representatives.

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