State Senator Steve Newman (R-Lynchburg) is justifiably upset at a loophole in Virginia law that seemingly makes it legal for a mother to kill her newborn child, if the child remains attached to the umbilical. He’s drafting legislation to change the law.
The change comes on the heels of the unbelievable story in Campbell County where a mother killed her child, but won’t be charged because of how the law is currently written.
The bill will amend Section 18.2 of the Code of Virginia which is the criminal code.
“It is difficult to believe that the current Code could have such a flaw that would allow anyone to take the life of a born child,” said Newman. “It is abundantly clear that Virginians will demand a legislative cure to this loophole.”
Attorney General-elect Ken Cuccinelli agrees and will provide legal support for the bill.
“I have spoken to Senator Newman about the tragic and appalling circumstances of the baby’s death, and I certainly will make the resources of the Attorney General’s office available to help make sure this can never happen again,” said Cuccinelli. “This situation cries out for action, and I will support efforts to fix what appears to be a horrific loophole in our laws.”
According to the code and case law, three items must be established for prosecution, says Newman: (1) the child must have been born alive; (2) the child had an independent and separate existence from its mother; and, (3) the accused was the criminal agent that caused the infant’s death.
“Tenets one and three are not problematic,” he said. “However item two must be altered for Virginia to have a reasonable law to protect children in the Commonwealth.”
Delegate Kathy Byron and Delegate Ben Cline will assist with this legislation in the House of Delegates; Senator Robert Hurt will be the Co-Chief Patron of the Senate legislation. The hope is for it to go to the governor shortly after mid-session.
