This bill establishes legal recognition and protections for unborn children in the context of wrongful death, homicide, and assault. It amends existing law to include the wrongful death of an unborn child as part of damages recoverable under wrongful death claims. Specifically, it defines an unborn child as an individual organism of the species Homo sapiens from fertilization to fetal death or live birth. The bill also introduces new sections that clarify that, for the purposes of homicide and assault laws, an unborn child is considered a person when they are the victim of a crime, ensuring that they receive the same legal protections as individuals who have been born.

Additionally, the bill outlines that prosecutions involving unborn child victims will adhere to the same legal standards and due process protections as those involving living victims. However, it specifies that these provisions do not apply to unintentional harm or death resulting from life-saving procedures for the pregnant woman or from miscarriages. The bill is set to take effect immediately upon enactment and will apply only to actions occurring after its effective date.

Statutes affected:
Introduced: 633.336