BILL AS INTRODUCED H.779
2024 Page 1 of 5
1 H.779
2 Introduced by Representatives Williams of Granby, Arrison of Weathersfield,
3 Branagan of Georgia, Brownell of Pownal, Canfield of Fair
4 Haven, Clifford of Rutland City, Demar of Enosburgh,
5 Donahue of Northfield, Goslant of Northfield, Graham of
6 Williamstown, Hango of Berkshire, Labor of Morgan,
7 LaBounty of Lyndon, Maguire of Rutland City, Morrissey of
8 Bennington, Page of Newport City, Parsons of Newbury,
9 Peterson of Clarendon, Sammis of Castleton, Shaw of Pittsford,
10 and Smith of Derby
11 Referred to Committee on
12 Date:
13 Subject: Crimes; homicide; DUI; grossly negligent operation of a motor
14 vehicle; fetus as victim
15 Statement of purpose of bill as introduced: This bill proposes to establish that
16 a fetus be treated as a victim under State homicide law and for purposes of
17 DUI with death resulting and grossly negligent operation of a motor vehicle
18 with death resulting.
19 An act relating to crimes against an unborn child VT LEG #372667 v.1
BILL AS INTRODUCED H.779
2024 Page 2 of 5
1 It is hereby enacted by the General Assembly of the State of Vermont:
2 Sec. 1. 13 V.S.A. § 2312 is added to read:
3 § 2312. FETUS; TREATMENT AS VICTIM
4 (a) Except as provided in subsection (b) of this section, a prosecution may
5 be maintained for a violation of section 2301 (murder) or 2304 (manslaughter)
6 of this chapter when the victim of the homicide is a fetus.
7 (b) This section shall not apply to acts performed during an abortion or
8 pursuant to usual and customary standards of medical practice during
9 diagnostic testing or therapeutic treatment or to acts committed by a pregnant
10 woman toward her own fetus.
11 (c) This section shall not be construed to confer, deny, expand, or contract
12 the legal status or legal rights of a fetus.
13 Sec. 2. 23 V.S.A. § 1091(b) is amended to read:
14 (b) Grossly negligent operation.
15 (1) A person who operates a motor vehicle on a public highway in a
16 grossly negligent manner shall be guilty of grossly negligent operation.
17 (2) The standard for a conviction for grossly negligent operation in
18 violation of this subsection shall be gross negligence, examining whether the
19 person engaged in conduct that involved a gross deviation from the care that a
20 reasonable person would have exercised in that situation.
VT LEG #372667 v.1
BILL AS INTRODUCED H.779
2024 Page 3 of 5
1 (3) A person who violates this subsection shall be imprisoned not more
2 than two years or fined not more than $5,000.00, or both. If the person has
3 previously been convicted of a violation of this section, the person shall be
4 imprisoned not more than four years or fined not more than $10,000.00, or
5 both. If serious bodily injury to or death of any person other than the operator
6 results, the operator shall be imprisoned for not more than 15 years or fined not
7 more than $15,000.00, or both. If serious bodily injury or death results to more
8 than one person other than the operator, the operator may be convicted of a
9 separate violation of this subdivision for each decedent or person injured.
10 (4)(A) A prosecution may be maintained for grossly negligent operation
11 of a motor vehicle with death resulting in violation of this subsection (b) when
12 the victim of the violation is a fetus.
13 (B) This subdivision (4) shall not be construed to confer, deny,
14 expand, or contract the legal status or legal rights of a fetus.
15 Sec. 3. 23 V.S.A. § 1210(f) is amended to read:
16 (f) Death resulting.
17 (1) If the death of any person results from a violation of section 1201 of
18 this title, the person convicted of the violation shall be fined not more than
19 $10,000.00 or imprisoned not less than one year nor more than 15 years, or
20 both. The provisions of this subsection do not limit or restrict prosecutions for
21 manslaughter.
VT LEG #372667 v.1
BILL AS INTRODUCED H.779
2024 Page 4 of 5
1 (2) If the death of more than one person results from a violation of
2 section 1201 of this title, the operator may be convicted of a separate violation
3 of this subdivision for each decedent.
4 (3)(A) If the death of any person results from a violation of section 1201
5 of this title and the person convicted of the violation previously has been
6 convicted two or more times of a violation of that section, a sentence ordered
7 pursuant to this subsection (f) shall, except as provided in subdivision (B) of
8 this subdivision (3), include at least a five-year term of imprisonment. The
9 five-year minimum term of imprisonment required by this subdivision shall be
10 served and may not be suspended, deferred, or served as a supervised sentence.
11 The defendant shall not be eligible for probation, parole, furlough, or any other
12 type of early release until the expiration of the five-year term of imprisonment.
13 (B) Notwithstanding subdivision (A) of this subdivision (3), if the
14 death of any person results from a violation of section 1201 of this title and the
15 person convicted of the violation previously has been convicted two or more
16 times of a violation of that section, the court may impose a sentence that does
17 not include a term of imprisonment or that includes a term of imprisonment of
18 less than five years if the court makes written findings on the record that such a
19 sentence will serve the interests of justice and public safety.
20 (4)(A) A prosecution may be maintained for operating a motor vehicle
21 under the influence of alcohol or drugs with death resulting in violation of this VT LEG #372667 v.1
BILL AS INTRODUCED H.779
2024 Page 5 of 5
1 section and section 1201 of this title when the victim of the violation is a fetus.
2 (B) This subsection (f) shall not be construed to confer, deny,
3 expand, or contract the legal status or legal rights of a fetus.
4 Sec. 4. EFFECTIVE DATE
5 This act shall take effect upon passage.
VT LEG #372667 v.1
Statutes affected: As Introduced: 23-1091(b), 23-1091, 23-1210(f), 23-1210