2017 House Bill 4500

Define fetus as “person” in criminal sentencing

Introduced in the House

April 20, 2017

Introduced by Rep. Pamela Hornberger (R-32)

To revise a provision of the state’s criminal sentencing guidelines that includes the number of actual or potential “victims” among the factors on which sentences for violent crimes are assessed. The bill would define an embryo or fetus as a person and a victim for purposes of this provision.

Referred to the Committee on Judiciary

Sept. 19, 2017

Reported without amendment

Without amendment and with the recommendation that the bill pass.

Nov. 8, 2017

Amendment offered by Rep. Kristy Pagan (D-21)

To clarify that the bill would not apply in cases where the pregnant woman carrying the embryo or fetus was herself the convicted offender.

The amendment failed by voice vote

Amendment offered by Rep. Vanessa Guerra (D-95)

To giver courts discretion over whether to include a fetus or embryo in the sentencing decision.

The amendment failed by voice vote

Amendment offered by Rep. Pam Faris (D-48)

To not define the fetus or embryo as a "person" but do define the fetus or embryo as a "victim" for purposes of setting a sentence.

The amendment failed by voice vote

Amendment offered by Rep. Kristy Pagan (D-21)

To only count a fetus or embryo in the sentencing decision if the offender knew the fetus or embryo existed when committing the offense.

The amendment failed by voice vote

Nov. 9, 2017

Passed in the House 63 to 44 (details)

Received in the Senate

Nov. 28, 2017

Referred to the Committee on Judiciary

Feb. 15, 2018

Reported without amendment

With the recommendation that the bill pass.