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Homicide Unborn Child

The following Amendment was added in 2006:

Section 1. Section 13A-6-1 of the Code of Alabama 1975, is amended to read as follows:


§ 13A-6-1.

"The (a) As used in Article 1 and Article 2, the following terms shall have the meanings ascribed to them by this section:

(3)(1) CRIMINAL HOMICIDE. Murder, manslaughter, or criminally negligent homicide.

(1)(2) HOMICIDE. A person commits criminal homicide if he intentionally, knowingly, recklessly or with criminal negligence causes the death of another person.

(2)(3) PERSON. Such The term, when referring to the victim of a criminal homicide or assault, means a human being who had been born and was alive at the time of the homicidal act,including an unborn child at every stage of gestation in utero from conception to birth in utero at any stage of development, regardless of viability.

(b) Article 1 or Article 2 shall not apply to the death or injury to an unborn child alleged to be caused by medication and reasonably necessary or medical care or treatment provided to a pregnant woman when performed by a physician or other licensed health care provider which conforms to generally accepted standards of medical care..
Mistake, or unintentional error on the part of a licensed physician or other licensed health care provider or his or her employee or agent or any person acting on behalf of the patient shall not subject the licensed physician or other licensed health care provider or person acting on behalf of the patient to any criminal liability under this section for the death of an unborn child, regardless of viability..
Medical care or treatment includes, but is not limited to, ordering, dispensation or administration of prescribed medications and medical procedures.

(c) A victim of domestic violence or sexual assault may not be charged under Article 1 or Article 2 for the injury or death of an unborn child caused by a crime of domestic violence or rape perpretrated upon her."

(d) Nothing in Article 1 or Article 2 shall permit the prosecution of (1) any person for conduct relating to an abortion for which the consent of the pregnant woman or a person authorized by law to act on her behalf has been obtained or for which consent is implied by law or (2) any woman with respect to her unborn child."

Section 2. Nothing in this act shall make it a crime to perform or obtain an abortion that is otherwise legal. Nothing in this act shall be construed to make an abortion legal which is not otherwise authorized by law.

Section 3. Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621 because the bill defines a new crime or amends the definition of an existing crime.

Section 4. This act shall be known as the "Brody Act," in memory of the unborn son of Brandy Parker, whose death occurred when she was eight and one-half months pregnant.

Section 5. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Approved April 17, 2006.