FRANKFORT, Ky. (FOX 56) — Two Kentucky House representatives have filed a bill that would allow prosecutors to charge mothers who obtain abortions with murder if it becomes law.
Lawmakers introduced the “Prenatal Equal Protection Act (PEPA),” also known as House Bill 714, to the House Committee on Feb. 24. The proposal would amend state law to recognize unborn children as homicide victims.
The bill includes exceptions for situations such as “spontaneous miscarriages and life-saving medical procedures.”
Under the measure, lawmakers would repeal six of the seven sections in KRS Chapter 507A that address murder related to fetal homicide.
The Foundation to Abolish Abortion, which supports House Bill 714, said in a news release that the legislation would be “the only legislation that would truly abolish abortion in the Bluegrass State, requiring that preborn babies are ‘protected with the same homicide laws protecting all other human persons.’”
“Under this legislation, murdering anyone would be made illegal for everyone, ensuring that all humans made in the image of God are equally protected in accordance with the Kentucky Constitution, the United States Constitution, and the Law of God,” the group wrote.
After the Supreme Court of the United States overturned Roe v. Wade, Kentucky enacted a trigger law banning most abortions in the state.
On New Year’s Day, 35-year-old Melinda Spencer faced a fetal homicide charge after she sought treatment at a regional clinic for side effects from medication she had taken to induce an abortion.
According to a news release, clinic staff alerted state police, and troopers later reported finding the infant in a shallow grave.
The Commonwealth of Kentucky later moved to dismiss the first-degree fetal homicide charge against Spencer.
Attorneys cited a subsection of KRS 507A stating that a person cannot be found guilty if they acted under the influence of extreme emotional disturbance with a reasonable explanation or excuse. They also pointed to language in the chapter’s “Definitions and Exceptions” section that says the statute does not apply to acts committed by a pregnant woman that cause the death of her unborn child.
House Bill 714 would remove that language, opening the door for prosecution in such cases.
Spencer still faces charges of concealing the birth of an infant, abuse of a corpse and tampering with physical evidence. She is scheduled to appear in court at 1 p.m. on April 20.
As of Wednesday, Feb. 25, officials were still preparing a report on how the PEPA could affect Kentucky’s corrections system, including potential increases in inmate numbers and financial costs.
The House Committee has not yet scheduled the bill for a vote.
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