Governor allows fetal homicide bill to become law

Montana recently became the 39th state to pass a fetal homicide law.

Rep. Keith Regier, R-Kalispell, sponsored the bill, HB104, which Gov. Steve Bullock allowed to become law last month without his signature.

The law is somewhat diluted from a bill that Regier sponsored in 2011 that was vetoed by then-Gov. Brian Schweitzer. The law allows for prosecution in cases where someone intentionally causes the death of a fetus with knowledge that the woman is pregnant. The unborn child must be at least eight weeks old.

“It’s important for battered women to know they have another layer of protection,” Regier said.

He was pleasantly surprised that Gov. Bullock allowed the bill to become law, but was disappointed he didn’t sign it.

The law had overwhelming support from the Legislature. It was approved 84-15 in the House and 28-0 in the Senate. The latter vote came when Senate Democrats were protesting proposed ballot referendums. An earlier version of the bill passed the House 59-40 along more partisan lines before it was amended.

Regier ended up changing the bill after a conversation with a representative of the American Civil Liberties Union.

“When we started there was opposition from the ACLU and other organizations,” Regier said. “The ACLU approached me with the (revised) wording. It’s probably a good compromise. It’s a good start.”ß

In situations when pregnant women are assaulted, they are often assaulted by their partner, Regier said. The abuser in such situations often makes comments about beating the woman in order to kill the baby, he said.

Regier doesn’t know if the law is a stepping stone toward a more comprehensive fetal homicide bill.

“There’s still that Justine Winter-type of scenario the law does not cover,” he said. “We’ll have to see.”

In February 2011, Winter was convicted of two counts of deliberate homicide in the deaths of Erin Thompson and her 13-year-old son Caden Odell. Winter, driving 85 miles per hour, intentionally crossed the center of U.S. 93 north of Kalispell on March 19, 2009, in an apparent suicide attempt. Thompson was pregnant at the time.

Winter was sentenced to 15 years in prison with a requirement that she serve at least half of that sentence before becoming eligible for parole.

Under the new law, someone convicted a killing an unborn child intentionally, i.e. deliberate homicide, can be sentenced to death, life in prison without parole or a minimum of 10 years. Under the statute, a mitigated deliberate homicide conviction is punishable by two to 40 years in prison and a fine of no more than $50,000.

Rep. Scott Reichner, R-Bigfork, said the new law makes sense. Reichner believes that Bullock allowed the bill to become law because of his experience as attorney general. “He knew that it had merit,” Reichner said. “It’s protecting the life of the mother and her unborn child.”

“It’s a long time coming,” House Speaker Mark Blasdel, R-Somers, said. “This bill’s been in the process for eight years.”