If so concerned about rape... tie those tubes.
Or super glue the lips.
Not that I condone either method of course...
Who does this?
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When a vaccine kills a month old or younger should the doctor or the drug manufacturer be charged with murder? Should the mother be charged for allowing the vaccine to be given?
Classic red herring. This is completely different from a mother deliberately neglecting her child to the point it dies and being immune from prosecution for it.
Furthermore, there is only one vaccine given to infants that young, Hepatitis B. They get two shots from birth to two months. Everything else is from 2 months and up.
The exact language of the bill states: ‘This section may not be construed to authorize any form of investigation or penalty for a person ... experiencing a ... Perinatal death related to a failure to act.
The Bill makes sense to me. A mother gets in a car accident rear ending the car in front of her. The baby dies as a result of the accident. The mother could have prevented the death by not putting the baby in the car to begin with. Her failure to act could be criminal. Laws are weird and there are too many laws. We need less laws. Waaaay less!
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Reading comprehension not your strong point?
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Reading comprehension not your strong point?
I don't think you really read anything.
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Here is the exact language of the Bill as it stands.
SENATE BILL 669
By: Senator Smith
Introduced and read first time: February 4, 2022 Assigned to: Judicial ProceedingsAN ACT concerning
A BILL ENTITLED
Pregnant Person’s Freedom Act of 2022
FOR the purpose of altering certain provisions of law relating to the termination of a pregnancy and investigations of or criminal penalties or civil liabilities for a pregnant person or a person assisting a pregnant person; prohibiting a certain provision of law that requires the termination of a pregnancy by a licensed physician from being construed to apply to a certain pregnant person; and generally relating to the termination of pregnancy.
BY repealing and reenacting, with amendments, Article – Criminal Law
Section 2–103
Annotated Code of Maryland
(2021 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments, Article – Health – General
Section 20–207
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments, Article – Health – General
Section 20–208 and 20–209
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:
Article – Criminal Law
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law.
2 SENATE BILL 669 2–103.
(a) For purposes of a prosecution under this title, “viable” has the meaning stated in § 20–209 of the Health – General Article.
(b) Except as provided in subsections (d) through (f) of this section, a prosecution may be instituted for murder or manslaughter of a viable fetus.
(c) A person prosecuted for murder or manslaughter as provided in subsection (b) of this section must have:
(1) intended to cause the death of the viable fetus;
(2) intended to cause serious physical injury to the viable fetus; or
(3) wantonly or recklessly disregarded the likelihood that the person’s actions would cause the death of or serious physical injury to the viable fetus.
(d) Nothing in this section applies to or infringes on a [woman’s] PREGNANT PERSON’S right to terminate a pregnancy as stated in § 20–209 of the Health – General Article.
(e) Nothing in this section subjects a physician or other licensed medical professional to liability for fetal death that occurs in the course of administering lawful medical care.
18 (f) Nothing in this section applies to an act or failure to act of a pregnant [woman]
PERSON with regard to [her] THE PERSON’S own fetus.
(g) Nothing in this section shall be construed to confer personhood or any rights
on the fetus.
(H) THIS SECTION MAY NOT BE CONSTRUED TO AUTHORIZE ANY FORM OF INVESTIGATION OR PENALTY FOR A PERSON:
(1) TERMINATING OR ATTEMPTING TO TERMINATE THE PERSON’S OWN PREGNANCY; OR
(2) EXPERIENCING A MISCARRIAGE, PERINATAL DEATH RELATED TO A FAILURE TO ACT, OR STILLBIRTH.
(I) A PERSON IS NOT SUBJECT TO CRIMINAL PENALTIES OR CIVIL DAMAGES FOR AIDING, INFORMING, OR IN ANY WAY ASSISTING A PREGNANT PERSON IN TERMINATING OR SEEKING TO TERMINATE THE PERSON’S PREGNANCY.
(J) A PERSON MAY BRING A CAUSE OF ACTION FOR DAMAGES IF THE PERSON WAS SUBJECT TO UNLAWFUL ARREST OR CRIMINAL INVESTIGATION FOR A VIOLATION OF THIS SECTION AS A RESULT OF:
(1) TERMINATING OR ATTEMPTING TO TERMINATE THE PERSON’S OWN PREGNANCY;
(2) EXPERIENCING A MISCARRIAGE, STILLBIRTH, OR PERINATAL DEATH; OR
(3) AIDING, INFORMING, OR IN ANY WAY ASSISTING A PREGNANT PERSON IN TERMINATING OR ATTEMPTING TO TERMINATE THE PERSON’S PREGNANCY.
Article – Health – General
20–207.
In Part II of this subtitle, the word “physician” means any person, including a doctor of osteopathy, licensed to practice medicine in the State of Maryland in compliance with the provisions of Title 14 of the Health Occupations Article.
20–208.
(A) An abortion must be performed by a licensed physician.
(B) THIS SECTION MAY NOT BE CONSTRUED TO APPLY TO A PREGNANT PERSON WHO TERMINATES THE PERSON’S OWN PREGNANCY UNDER ANY CIRCUMSTANCES.
SENATE BILL 669 3
21 20–209.
22 (a) In this section, “viable” means that stage when, in the best medical judgment
of the attending physician based on the particular facts of the case before the physician, there is a reasonable likelihood of the fetus’s sustained survival outside the womb.
(b) (1) THE STATE MAY NOT INVESTIGATE OR PENALIZE A PREGNANT PERSON FOR TERMINATING THE PERSON’S OWN PREGNANCY UNDER ANY CIRCUMSTANCES.
(2) Except as otherwise provided in this subtitle, the State may not interfere with the decision of a [woman] PREGNANT PERSON to terminate [a] THE PERSON’S OWN pregnancy:
SENATE BILL 669
At any time during the [woman’s] PERSON’S OWN pregnancy, if:1. The termination procedure is necessary to protect the life or health of the [woman] PERSON; or
[(ii)] 2. The fetus is affected by genetic defect or serious deformity (c) The Department may adopt regulations that:
(1) Are both necessary and the least intrusive method to protect the life or health of the [woman] PERSON; and
(2) Are not inconsistent with established medical practice.
(d) (1) The physician is not liable for civil damages or subject to a criminal penalty for a decision to [perform an abortion] PROVIDE ABORTIVE CARE under this section made in good faith and in the physician’s best medical judgment in accordance with accepted standards of medical practice.
(2) A PREGNANT PERSON IS NOT LIABLE FOR CIVIL DAMAGES OR SUBJECT TO A CRIMINAL PENALTY FOR TERMINATING OR ATTEMPTING TO TERMINATE THE PERSON’S OWN PREGNANCY UNDER ANY CIRCUMSTANCES.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2022.
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Here is the exact language of the Bill as it stands.
SENATE BILL 669
By: Senator Smith
Introduced and read first time: February 4, 2022 Assigned to: Judicial ProceedingsAN ACT concerning
A BILL ENTITLED
Pregnant Person’s Freedom Act of 2022
FOR the purpose of altering certain provisions of law relating to the termination of a pregnancy and investigations of or criminal penalties or civil liabilities for a pregnant person or a person assisting a pregnant person; prohibiting a certain provision of law that requires the termination of a pregnancy by a licensed physician from being construed to apply to a certain pregnant person; and generally relating to the termination of pregnancy.
BY repealing and reenacting, with amendments, Article – Criminal Law
Section 2–103
Annotated Code of Maryland
(2021 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, without amendments, Article – Health – General
Section 20–207
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
BY repealing and reenacting, with amendments, Article – Health – General
Section 20–208 and 20–209
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:
Article – Criminal Law
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW. [Brackets] indicate matter deleted from existing law.
2 SENATE BILL 669 2–103.
(a) For purposes of a prosecution under this title, “viable” has the meaning stated in § 20–209 of the Health – General Article.
(b) Except as provided in subsections (d) through (f) of this section, a prosecution may be instituted for murder or manslaughter of a viable fetus.
(c) A person prosecuted for murder or manslaughter as provided in subsection (b) of this section must have:
(1) intended to cause the death of the viable fetus;
(2) intended to cause serious physical injury to the viable fetus; or
(3) wantonly or recklessly disregarded the likelihood that the person’s actions would cause the death of or serious physical injury to the viable fetus.
(d) Nothing in this section applies to or infringes on a [woman’s] PREGNANT PERSON’S right to terminate a pregnancy as stated in § 20–209 of the Health – General Article.
(e) Nothing in this section subjects a physician or other licensed medical professional to liability for fetal death that occurs in the course of administering lawful medical care.
18 (f) Nothing in this section applies to an act or failure to act of a pregnant [woman]
PERSON with regard to [her] THE PERSON’S own fetus.
(g) Nothing in this section shall be construed to confer personhood or any rights
on the fetus.
(H) THIS SECTION MAY NOT BE CONSTRUED TO AUTHORIZE ANY FORM OF INVESTIGATION OR PENALTY FOR A PERSON:
(1) TERMINATING OR ATTEMPTING TO TERMINATE THE PERSON’S OWN PREGNANCY; OR
(2) EXPERIENCING A MISCARRIAGE, PERINATAL DEATH RELATED TO A FAILURE TO ACT, OR STILLBIRTH.
(I) A PERSON IS NOT SUBJECT TO CRIMINAL PENALTIES OR CIVIL DAMAGES FOR AIDING, INFORMING, OR IN ANY WAY ASSISTING A PREGNANT PERSON IN TERMINATING OR SEEKING TO TERMINATE THE PERSON’S PREGNANCY.
(J) A PERSON MAY BRING A CAUSE OF ACTION FOR DAMAGES IF THE PERSON WAS SUBJECT TO UNLAWFUL ARREST OR CRIMINAL INVESTIGATION FOR A VIOLATION OF THIS SECTION AS A RESULT OF:
(1) TERMINATING OR ATTEMPTING TO TERMINATE THE PERSON’S OWN PREGNANCY;
(2) EXPERIENCING A MISCARRIAGE, STILLBIRTH, OR PERINATAL DEATH; OR
(3) AIDING, INFORMING, OR IN ANY WAY ASSISTING A PREGNANT PERSON IN TERMINATING OR ATTEMPTING TO TERMINATE THE PERSON’S PREGNANCY.
Article – Health – General
20–207.
In Part II of this subtitle, the word “physician” means any person, including a doctor of osteopathy, licensed to practice medicine in the State of Maryland in compliance with the provisions of Title 14 of the Health Occupations Article.
20–208.
(A) An abortion must be performed by a licensed physician.
(B) THIS SECTION MAY NOT BE CONSTRUED TO APPLY TO A PREGNANT PERSON WHO TERMINATES THE PERSON’S OWN PREGNANCY UNDER ANY CIRCUMSTANCES.
SENATE BILL 669 3
21 20–209.
22 (a) In this section, “viable” means that stage when, in the best medical judgment
of the attending physician based on the particular facts of the case before the physician, there is a reasonable likelihood of the fetus’s sustained survival outside the womb.
(b) (1) THE STATE MAY NOT INVESTIGATE OR PENALIZE A PREGNANT PERSON FOR TERMINATING THE PERSON’S OWN PREGNANCY UNDER ANY CIRCUMSTANCES.
(2) Except as otherwise provided in this subtitle, the State may not interfere with the decision of a [woman] PREGNANT PERSON to terminate [a] THE PERSON’S OWN pregnancy:
SENATE BILL 669
At any time during the [woman’s] PERSON’S OWN pregnancy, if:1. The termination procedure is necessary to protect the life or health of the [woman] PERSON; or
[(ii)] 2. The fetus is affected by genetic defect or serious deformity (c) The Department may adopt regulations that:
(1) Are both necessary and the least intrusive method to protect the life or health of the [woman] PERSON; and
(2) Are not inconsistent with established medical practice.
(d) (1) The physician is not liable for civil damages or subject to a criminal penalty for a decision to [perform an abortion] PROVIDE ABORTIVE CARE under this section made in good faith and in the physician’s best medical judgment in accordance with accepted standards of medical practice.
(2) A PREGNANT PERSON IS NOT LIABLE FOR CIVIL DAMAGES OR SUBJECT TO A CRIMINAL PENALTY FOR TERMINATING OR ATTEMPTING TO TERMINATE THE PERSON’S OWN PREGNANCY UNDER ANY CIRCUMSTANCES.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2022.
Sluggo already linked it, but...thanks...I guess....
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The exact language of the bill states: ‘This section may not be construed to authorize any form of investigation or penalty for a person ... experiencing a ... Perinatal death related to a failure to act.
The Bill makes sense to me. A mother gets in a car accident rear ending the car in front of her. The baby dies as a result of the accident. The mother could have prevented the death by not putting the baby in the car to begin with. Her failure to act could be criminal. Laws are weird and there are too many laws. We need less laws. Waaaay less!
More red herring arguments from you. Part of what you quoted explicitly says "perinatal death related to a failure to act".
Perinatal:
Quote- relating to the time, usually a number of weeks, immediately before and after birth.
Failure to act: https://www.upcounsel.com/fail…rect%20harm%20to%20others.
QuoteA failure to act definition is when a person or party has a duty to perform a certain act but does not end up doing so.
A duty to act, within the scope of personal injury law or tort cases, generally refers to one of two things:
- People have a duty to act in a manner as to not cause direct harm to others. Should an individual fail to do so, then he or she may be liable for negligence.
- People are not necessarily obligated to intervene when they see someone else doing harm. Even though someone may say that they will do something, words alone are often not enough to bring on a duty to act.
As humans, we have two obligations towards our fellows: acting in accordance with the law, which is known as statutory duties, and moral duties, which are not legally upheld. Moral duties are considered the act of a good citizen and might include breaking up a fight or reporting a child or animal locked in a hot car. This is also known as a common law duty.
To establish a prima facie case for negligence, there are four elements that must exist:
Putting a child in a car wouldn't be a failure to act unless a child safety car seat wasn't used. A failure to act would be letting the child starve to death and this bill explicitly forbids prosecution if the child is less than a month old.
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APPARENTLY..
The ironic humor was lost when I said that only allowing prenatal abortion was barbaric..
