Bill S.116 proposes to recognize an unborn child as a person under Vermont law for the purposes of criminal offenses, specifically when the unborn child suffers bodily injury or death due to a criminal act. The bill includes legislative findings that highlight the existing legal ambiguity regarding the status of a viable fetus in Vermont, referencing two court cases: Vaillancourt v. Medical Center Hospital of Vermont, which established wrongful death liability for a negligently caused death of a viable fetus, and State v. Oliver, which determined that an unborn fetus is not considered a person under criminal statutes. The bill aims to protect the rights of pregnant women while holding offenders accountable for crimes against unborn children.

The bill introduces a new section to Vermont's criminal code, defining an "unborn child" as the offspring of human beings prior to birth and stipulating that such a child shall be deemed a person for criminal offenses when bodily injury or death occurs. It also outlines that prosecution for crimes against an unborn child does not require proof of the perpetrator's knowledge of the mother's pregnancy or intent to harm the unborn child. Importantly, the bill clarifies that it does not allow for the prosecution of women for actions regarding their unborn children, nor does it affect consent for abortions or medical treatments related to the pregnant woman or her unborn child. Additionally, the General Assembly may appoint members to intervene in any constitutional challenges to the act. The bill is set to take effect upon passage.