By Guy Page
A bill treating a fetus killed in a DUI as a victim will be introduced shortly into the Vermont Legislature.
Rep. Terri Williams (R-Granby) said the bill is her response to a 2009 Bennington County car accident in which a drunk driver slammed into the car driven by Patricia Blair, who was six months pregnant with twins. Both fetuses died.
That accident deprived Blair of her right to choose, Williams said. “It was taken away from her by someone who murdered those babies,” said Williams. “What I’m asking is if someone steals someone’s right to choose, shouldn’t there be some consequences for that?”
Current state law states that “If serious bodily injury to or death of any person other than the operator results, the operator shall be imprisoned for not more than 15 years or fined not more than $15,000, or both. If serious bodily injury or death results to more than one person other than the operator, the operator may be convicted of a separate violation for each decedent or person injured.”
The proposed bill – which as of this morning has no number and is not yet listed under “bills to be introduced” – would establish that a fetus be treated as a victim under state homicide law and for purposes of DUI with death resulting and grossly negligent operation of a motor vehicle with death resulting, according to an early draft of the bill.
The bill says the proposed legal change has nothing to do with abortion, which is protected by an amendment to the state constitution.
“This section shall not apply to acts performed during an abortion or pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment or to acts committed by a pregnant woman toward her own fetus,” the proposed bill states. “This section shall not be construed to confer, deny, expand, or contract the legal status or legal rights of a fetus.”
At present, Williams is the sole sponsor. She hopes to hold face-to-face conversations with other potential sponsors when the Legislature convenes today.