SECOND REGULAR SESSION
94TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES SMITH (14) (Sponsor), JONES (117), SCHAD, ONDER, EMERY, McGHEE, GRISAMORE, DEEKEN AND BRUNS (Co-sponsors).
Pre-filed January 3, 2008 and copies ordered printed.
D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 1.205, RSMo, and to enact in lieu thereof one new section relating to unborn children.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 1.205, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 1.205, to read as follows:
1.205. 1. The general assembly of this state finds that:
(1) The life of each human being begins at conception;
(2) Unborn children have protectable interests in life, health, and well-being;
(3) The natural parents of unborn children have protectable interests in the life, health, and well-being of their unborn child.
2. Effective January 1, 1988, the laws of this state shall be interpreted and construed to acknowledge on behalf of the unborn child at every stage of development, all the rights, privileges, and immunities available to other persons, citizens, and residents of this state, subject only to the Constitution of the United States, and decisional interpretations thereof by the United States Supreme Court and specific provisions to the contrary in the statutes and constitution of this state.
3. As used in this section, the term "unborn children" or "unborn child" shall include all unborn child or children or the offspring of human beings from the moment of conception until birth at every stage of biological development.
4. Nothing in this section shall be interpreted as creating a civil cause of action against a woman for indirectly harming her unborn child by failing to properly care for herself or by failing to follow any particular program of prenatal care. Nothing in this section shall be construed to prevent any criminal cause of action or prosecution for any harm to an unborn child resulting from the mother's intentional ingestion or use of illegal controlled substances.
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