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Proposed Bill in Virginia will make you a criminal if you fail to report a miscarriage.
Virginia State Legislature ^ | 1/7/04 | James Cosgrove

Posted on 01/07/2005 5:06:58 PM PST by SilentServiceCPO

Be it enacted by the General Assembly of Virginia:

1. That § 32.1-264 of the Code of Virginia is amended and reenacted as follows:... When a fetal death occurs without medical attendance, it shall be the woman's responsibility to report the death to the law-enforcement agency in the jurisdiction of which the delivery occurs within 12 hours after the delivery. A violation of this section shall be punishable as a Class 1 misdemeanor.

(Excerpt) Read more at leg1.state.va.us ...


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events; US: Virginia; Your Opinion/Questions
KEYWORDS: bigbrother; government; govwatch; libertarians; miscarriage; policestate; privacy; toomanylaws; vageneralassembly
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To: SilentServiceCPO
"LOL, My Dad wanted a girl so bad. He gave up after four boys though:-)"

After #3 I was sure it was an impossibility to break the trend.

41 posted on 01/07/2005 6:41:32 PM PST by KoRn
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To: Ellesu
"On this issue, don't most women go to their DR. after a miscarriage and surely he fills out paperwork needed for state records such as these? Why do the police have to be involved?"

Even if they aren't far along it's always a good idea for a woman in such a situation to go to her doctor. A DNC will most likely need to be done, otherwise they will be at risk for a bad infection.

42 posted on 01/07/2005 6:43:50 PM PST by KoRn
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To: RecallMoran
You're right, Doctors already do make these reports, it is already the law in Virginia (as well as in most other States). What is insipid about this Bill is that it makes it a CRIME for a woman who fails to call the police within twelve hours if she suffers a miscarriage at home. She can go to jail for a year and pay a $2500 fine if she misses the 12 hour deadline. So a woman has a miscarriage at 9:00 p.m., she is distraught and crying, she calls her husband, who works the night shift, he comes home and they cry, hug and talk all night. She falls asleep and wakes up at 10:00 a.m. By the wording of this law, she can be sentenced to a year in jail for not calling the police within twelve hours. I know it seems mind-boggling, but that is the way it is written.
43 posted on 01/07/2005 6:46:24 PM PST by SilentServiceCPO
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To: RecallMoran

It's an invasion of privacy to demand that a woman grieving the loss of her baby report to the police like some sort of criminal. It's none of the government's business if someone miscarries. Sure, she'll probably see her doctor, but it should end there.

I really hope the Representative who introduced this bill doesn't realize that the VA state law apparently includes spontaneous miscarriage as "unattended fetal death." If he genuinely means to make women suffering such an emotionally and often physically painful experience -that is NO fault of her own - report this to the government then he's just sick.


44 posted on 01/07/2005 6:47:22 PM PST by Rubber_Duckie_27
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To: KoRn

My parents were't going to risk number five, four hell-raisers was enough.


45 posted on 01/07/2005 6:49:00 PM PST by SilentServiceCPO
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To: SilentServiceCPO

Does this mean a 15 year-old "woman" would have to tell her parents about an accidental miscarriage but not an intentional abortion?


46 posted on 01/07/2005 6:51:27 PM PST by muir_redwoods
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To: muir_redwoods

Wow,
I didn't even think of that. However, Virginia has a Parental Notification Law already, so that situation couldn't occur.


47 posted on 01/07/2005 7:06:46 PM PST by SilentServiceCPO
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To: mrsmith

The bill's wording isn't clear at all. A "fetus" normally is medically defined as an unborn child after 12 weeks. But commonly it's defined that if the child dies after 20 weeks, it's not considered a miscarriage anymore, but a stillbirth. However, this particular bill does NOT specify any of these terms, so theoretically women could be punished for not reporting an earlier miscarriage. Considering that many early miscarriages occur silently (the woman just perceives it as an especially heavy period), this bill is biologically stupid.


48 posted on 01/07/2005 8:07:15 PM PST by valkyrieanne (card-carrying South Park Republican)
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To: valkyrieanne

Actually, here in Virginia our legislature has taken the liberty of defining "fetal death" for us. See post 24 for the except and link to the actual state code. Fetal Death in this bill is defined as the death of the "product of conception" regardless of the duration of the pregnancy, so even if a woman was only a few weeks pregnant, then this law would apply to her.


49 posted on 01/07/2005 8:14:38 PM PST by SilentServiceCPO
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To: SilentServiceCPO
I don't think the Virginia General Assembly is stupid enough to intentionally write a law that is thoroughly unenforceable and stupid to begin with.

But I won't argue the point that the law and their definition of "fetal death" accord with each other either. The law specifically references "delivery and abortion" but neither are defined in the section. The definitions are what they say you are although the allusion to heartbeat necessarily rules out early miscarriages because there is no heartbeat until after 5 weeks and even then you couldn't listen to one with a stethoscope until maybe 12 weeks.

So when all is said and done, I think you should bust his chops but not because he wants to make the lives of women who have suffered miscarriages miserable, but because that section of the code stinks.

50 posted on 01/07/2005 9:23:21 PM PST by jwalsh07
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To: SilentServiceCPO
So every time a woman has her period, it is possibly a miscarriage.
51 posted on 01/07/2005 9:27:18 PM PST by HuntsvilleTxVeteran (expert, break it down, ex = has been, spurt = drip under pressure.)
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To: KoRn

"A DNC will most likely need to be done"

A Democrat National Convention? Seems like a lot of trouble. Probably easier just to do a D&C.


52 posted on 01/07/2005 9:32:27 PM PST by Larry Lucido
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To: Servant of the 9

I miscarried very early on in a pregnancy. I definitely knew it. Was the worst pain I ever suffered; worse than either of the following full term pregnancies.


53 posted on 01/07/2005 9:34:55 PM PST by ican'tbelieveit
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To: Larry Lucido
LOL I've always heard it pronounced DNC(didn't know it was D&C) just thought it was the acronym for it. Funny, I always associated the DNC we all know and love with it hehe.
54 posted on 01/07/2005 9:51:33 PM PST by KoRn
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To: valkyrieanne
Considering that many early miscarriages occur silently (the woman just perceives it as an especially heavy period), this bill is biologically stupid.

Perhaps a heavy period would have to be reported just to avoid possible prosecution. Maybe used feminine hygiene products should be sent to the police lab for analysis.

55 posted on 01/08/2005 8:37:29 AM PST by lucysmom
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To: lucysmom

That's a thought. It would definitely overwhelm any pathology lab they set up.


56 posted on 01/08/2005 7:13:33 PM PST by valkyrieanne (card-carrying South Park Republican)
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To: SilentServiceCPO

Yeah, if you actually check out what sorts of crimes are punished as class 1 misdemeanors (as this bill would punish unreported miscarriages), the list includes some varieties of arson, stalking, carrying a concealed weapon while under the influence...

Nice to see a miscarriage not being reported is right up there.


57 posted on 01/11/2005 8:06:57 AM PST by HeywoodJ
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To: SilentServiceCPO

If you are smart, you go to the doctor so they can a) verify the miscarriage and b) make sure there aren't complications.

If you miscarry and you don't see the doctor about it, there is no evidence that you miscarried.


58 posted on 01/11/2005 8:09:21 AM PST by AppyPappy (If You're Not A Part Of The Solution, There's Good Money To Be Made In Prolonging The Problem.)
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To: jwalsh07
I don't think the Virginia General Assembly is stupid enough to intentionally write a law that is thoroughly unenforceable and stupid to begin with.

Ha ha ha ha ha ha ha ha ha.....

59 posted on 01/11/2005 8:18:18 AM PST by general_re (How come so many of the VKs have been here six months or less?)
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To: rmmcdaniell
Its nonsense like this coming from pro-lifers that will allow the abortionists to paint pro-lifers even more as extremists.

*** DING DING DING *** No more calls; we have a winner!

60 posted on 01/12/2005 6:51:19 AM PST by steve-b (A desire not to butt into other people's business is eighty percent of all human wisdom)
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