Bill would make postpartum disorder legal defense[TX]

AP ^ | 22 Mar 2009 | AP

[BGHater]

Postpartum mental disorder could be used as a legal defense for women who kill their children under a bill introduced in the Texas Legislature.

The bill was filed this month by Rep.Jessica Farrar, D-Houston, and it applies to women who commit the crime within a year of giving birth,The Dallas Morning News reported in Sunday editions.If jurors find a mother guilty of murder,they could take testimony about postpartum issues into consideration during the trial's punishment phase.

If jurors find that the woman's judgment was impaired because of childbirth or lactation, they could judge her guilty of infanticide, a state jail felony that would carry a maximum punishment of two years in jail.

If lawmakers approve the measure,Texas would become the first state to have an infanticide law,said George Parnham, the Houston attorney who defended Andrea Yates.

"It's something every civilized country has on its books," said Parnham, who supports the legislation. "The only thing that will change public attitude is education about postpartum issues."

McKinney attorney David Haynes, who defended Dena Schlosser, said Farrar's bill "recognizes the great stress that some mothers are under when they suffer from postpartum depression."

Yates drowned her five children — ranging in age from 7 years to 6 months — in June 2001 at her family's home in Houston. She was convicted of capital murder and sentenced to life in prison in 2002.

An appeals court in 2005 overturned her conviction because of some erroneous testimony. Yates was found innocent by reason of insanity in July 2006 and sent to a state mental hospital.

Schlosser, who killed her 10-month-old daughter in 2004 by cutting off her arms with a kitchen knife, was recently released from the state mental hospital where she'd been sent after being found not guilty by reason of insanity.

[Redleg Duke]

Liberalism is a mental disorder. This woman is evil!

[a fool in paradise]

If lawmakers approve the measure,Texas would become the first state to have an infanticide law

AMERICAN PRAVDA lies.

Abortion IS infanticide.

Screw the Leftist newsrooms.

[BenLurkin]

“I brought you into this world...”

[Wpin]

My God, the left is absolutely obsessed with death...they are putting to shame the Nazi’s and Communists in creating new justifications for killing.

Satan has taken them over and he has developed new tricks...

[Niteranger68]

This is legalizing post-birth abortion.

[Grumpybutt]

So I guess this means that even when a baby is born it’s still not really a baby - you can still “abort” KILL it up to a year of birth and it’s “okay”.

I live in Texas and am outraged over this.

[armymarinemom]

This is a giant step backwards. I swear I remember a law like this being in effect a long time ago.I thought it had been overturned due to advances in medicine.

[mockingbyrd]

Andrea Yates was seriously, seriously ill. She deteriorated after pregnancy and giving birth, but she was documented as sick before even getting married. She is a poor case to base any laws after.

[txroadkill]

this is not going to pass. However, the Castle law is going to be revisited soon. Looks like the Norman Smith shooting in Dallas is going to be able to use the Castle Law as an affirmative defense for killing Smith. Dallas PD has already changed it's warrant service policy which will help the defense.

Texas likes the Castle Law, but is not going to stand by and allow drug dealers kill police officers.

[ChetNavVet]

Mentally unstable people should’nt have kids.
I realize we can’t have a law that prohibits stupid people from having kids either.
Aside from all of that, if you kill your kids, you really need to be put away forever.

AS far as MY tax dollars, I’d give em a shovel and some seeds, live or die trying to.

[ChicagahAl]

"If jurors find that the woman's judgment was impaired..."

Having voted for Obama would be enough evidence for that.

[OrangeHoof]

I didn’t have to read this to know the legislation was introduced by a Dem, probably with the urging of the trial liars. But, fear not, the House is 50-50 and the Senate is 19-12 Republican so I don’t expect it to pass.

[CounterCounterCulture]

How about we allow Rep. Jessica Farrar’s mother to excercise her right to a 173rd tri-mester abortion?

< /sarcasm >

[Faith]

Pure evil, plain and simple. Anyone even introducing this bill should be run out of town.

[Mariebl]

This is a giant step backwards. I swear I remember a law like this being in effect a long time ago.I thought it had been overturned due to advances in medicine.

I know that Great Britain had a similar law, back in the earlier part of the 20th century, at least. (Read it in my 1930s era Britannica.)

[armymarinemom]

I can’t believe that we are so into no personal responsibility. No woman is alone in a family. People should notice if they are psychotic. This makes me sick.