Summary: H.R.1997 — 108th Congress (2003-2004)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Public Law No: 108-212 (04/01/2004)

(This measure has not been amended since it was passed by the House on February 26, 2004. The summary of that version is repeated here.)

Unborn Victims of Violence Act of 2004 or Laci and Conner's Law - Provides that persons who commit certain Federal violent crimes (conduct that violates specified provisions of the Federal criminal code, the Controlled Substances Act of 1970, or the Atomic Energy Act of 1954, or specified articles of the Uniform Code of Military Justice (UCMJ) ) and thereby cause the death of, or bodily injury to, a child who is in utero shall be guilty of a separate offense. Requires the punishment for that separate offense to be the same as provided under Federal law for that conduct had that injury or death occurred to the unborn child's mother (or in the case of a UCMJ violation, to be such punishment as a court-martial may direct, which shall be consistent with the punishments prescribed by the President for such conduct had that injury or death occurred to the unborn child's mother).

Declares that such a separate offense does not require proof that: (1) the person who committed the offense knew or should have known that the victim of the underlying offense was pregnant; or (2) the defendant (or accused) intended to harm the unborn child. Prohibits imposition of the death penalty for such an offense.

Bars prosecution under this Act: (1) of 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 is implied by law or for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (2) of any woman with respect to her unborn child.