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

State   |   Steven Ertelt   |   Apr 15, 2015   |   5:22PM   |   Washington, DC

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.

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A new bill that enjoys the support of Colorado pro-life advocates will change state law to provide justice for pregnant women and their 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.”

“Colorado Citizens for Life  strongly supports Senate Bill 268 and believes it will provide justice for babies like Aurora who die in violent acts against their mother,” she said. “Recent shows that 76% of American’s support Unborn Victims of Violence legislation. This should show Colorado lawmakers that it’s time for our state to catch up with the rest of Americans and implement laws that reflect what the majority of our citizens believe. It is outrageous that Colorado prosecutors were not able to bring murder charges against Lane but if passed, Cadmen’s bill will prevent this from happening in the future.”

The bill creates a number of crimes against unborn children who are killed or injured in the process of an assault or homicide against the baby’s mother. The measure is similar to bills that have been used in the past to prosecute criminals for two crimes against both mother and child. Unborn victims laws have repeatedly been upheld as constitutional in court.

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 (pictured), survived. A report shows the baby breathed a heavy last gasp before she died.

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 is the sponsor of the unborn victims bill, Senate Bill 268, that mirrors federal law and the laws of dozens of states.

“This is a sad day for the mothers of Colorado, and for the fathers of Colorado,” Cadman said in a statement after no murder charge for Baby Aurora was brought. “And for every Coloradan who was stunned to learn that no murder charges will be brought on behalf of a Longmont infant savagely cut from its mother’s body in one of the most horrific crimes in recent memory.”

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

“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.”

SIGN THE PETITION demanding justice for unborn babies. Support Michelle Wilkins and her baby!

“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.

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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.

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.