Bill Would Allow Murder Charges in Cases Like Woman Cutting Unborn Baby Out of Her Mother

State   |   Steven Ertelt   |   Mar 31, 2015   |   10:08AM   |   Denver, CO

As LifeNews has reported, the Colorado woman who cut out a 7-month-old unborn baby from a mother’s abdomen, resulting in the death of the infant, will not be charged with murder. That’s because the state lacks an unborn victims law to hold criminals accountable when they kill or injure unborn children in such criminal attacks.

Dynel Catrece Lane was arrested after she attacked a pregnant woman and cut her 7-month-old unborn baby from her womb. In this unbelievable act of violence, the baby died but the mother, Michelle Wilkins, survived. A report shows the baby breathed a heavy last gasp before she died.

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Colorado state law does not regard unborn children as human beings who deserve justice when they are killed. In 2013, Colorado Democrats killed a bill that would add the state to the list of more than 25 states that provide justice and protection for pregnant women and unborn children. Pro-abortion groups Planned Parenthood and NARAL opposed the bill – the very groups that endorsed Boulder County District Attorney Stan Garnett in his race for attorney general. Garnett is the county prosecutor who is not bringing forth murder charges against lane for killing Wilkin’s unborn baby.

Now, Republican lawmakers in the Colorado state Senate are proposing a fetal homicide bill that would allow murder charges when unborn babies are killed in such crimes. Senate president Bill Cadman, plans to introduce such a bill on Wednesday.

The bill would make it a crime to kill or hurt an unborn child.

“That’s very simple,” he said. “It doesn’t call into question anybody’s rights over their own body. It absolutely protects the right of the mom and of her baby.”

For example, in the Longmont case, Dynel Lane could be charged with homicide if she’s found guilty of killing the fetus.

“Where’s the justice for that baby?” said Cadman.

“This really is a horrific situation. . .  we need equal protection for the 60,000 plus babies who are born in Colorado every year; protection that they don’t have now; protection that is afforded to them in 38 states, including some of the most liberal like California. That’s what this bill does. This is not new. This is an issue that’s come before us. Frankly, it was a discussion that I had with a house member, Representative Joshi, about two months ago, and it certainly is timely now,” Cadman said.

michellewilkins

Current state law in these kinds of cases is governed by a 2013 law called the Unlawful Termination of a Pregnancy Act, that merely attaches a sentence enhancement for crimes against pregnant women — while ignoring the death of or injury to the unborn baby. That law provides no justice for unborn children.

Sarah Zagorski, the Executive Director of Colorado Citizens for Life said, “This horrific case highlights the need for an Unborn Victims of Violence law in Colorado, which would recognize the unlawful killing of an unborn child as homicide. This woman’s baby was viable and suffered a cruel and violent death. Colorado should have laws punishing perpetrators of these innocent, defenseless victims.”

As LifeNews previously reported, many states recognize the unlawful killing of an unborn child as homicide in at least some circumstances and this bill would have Colorado join them.