Feb 09, 2005 - 23:16:04 CST
Legislation that would make abortion the state's most serious felony crime has divided anti-abortion groups, who worry the legislation could be used against a woman who has an abortion, along with anyone who performs one.The bill, sponsored by Rep. Dan Ruby, R-Minot, got its first hearing in the House's Human Services Committee on Wednesday. It says anyone who "intentionally destroys or terminates the life of a preborn child" is guilty of Class AA felony murder, which carries a maximum prison term of life without parole.
Critics of the measure say it's too vague, and could be used against a woman who gets an abortion. A woman who took medication in an attempt to end her pregnancy, for example, may be affected. The North Dakota House defeated a similar measure two years ago.
"We believe that women are the second victim of the abortion," said Stacey Pfliiger, executive director of the North Dakota Right to Life Association. Women who get abortions are often coerced, she said.
Christopher Dodson, director of the North Dakota Catholic Conference, agreed with Pfliiger. "A basic principle of moral law and civil law is, you don't go any further than necessary to prevent the evil," Dodson said.
When questioned, Dodson acknowledged he did not know of any cases in which women who had abortions were prosecuted, but he said the bill would not prevent that.
"We're not saying we know she would be (prosecuted). We're saying she could be under the bill. This is not our vision of how to prohibit abortion and establish a new culture of life, whether it was done in the past or not," he said.
Jessica McSparron-Bien, a spokeswoman for the North Dakota Council on Abused Women's Services, said the proposal could prevent rape victims from stopping unwanted pregnancies.
"This bill is so broadly written, that it effectively eliminates the option for physicians to provide this invaluable treatment option for sexual assault victims," McSparron-Bien said.
Ruby said current state law is inconsistent. Under North Dakota law, killing a woman's unborn child is the same as murder, unless it happens during an abortion, he said.
"If he or she is killed without consent, it's murder," Ruby said. "If it's done with consent, it's abortion."
The bill is HB1227.
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