New law could mean death penalty for doctors
- From: "J.C." <jcsplace@xxxxxxxxxxx>
- Date: Tue, 30 Aug 2005 12:46:48 GMT
Aug. 29, 2005, 10:55PM
New law could mean death penalty for doctors
By KELLEY SHANNON
Associated Press
AUSTIN - Texas doctors who perform abortions without parental approval or
after the third trimester could face capital murder charges because of a new
law that takes effect this week, a prosecutors group says.
The Texas District and County Attorneys Association has outlined that
scenario in its new book updating the Texas penal code and in public
presentations around the state. The group says such charges could occur
under the new law because of the 2003 fetal protection law.
Key legislators said Monday that wasn't their intent.
Sen. Jane Nelson, R-Lewisville, who pushed the parental consent measure,
said in a prepared statement that her legislation was strictly limited to
giving parents the right to consent when a minor is considering an abortion
and to preventing late-term abortions.
"There were no discussions about the death penalty during our legislative
discussions of this issue," Nelson said.
A capital murder conviction can result in the death penalty.
Rep. Ray Allen, R-Grand Prairie, who sponsored the 2003 bill defining an
embryo or fetus as an "individual," said the law may need clearing up in a
future legislative session.
"I don't see the Legislature wanting to charge doctors with capital murder
based on a technical legal issue over whether parental consent was properly
documented," Allen said.
The fetal protection bill was designed to allow for prosecution of a person
who harms or kills an embryo or fetus, supporters say. Exceptions were made
for legal drug use, action taken by the mother or a "lawful medical
procedure."
But legislators this year defined two scenarios that would be "prohibited
practice" in medicine: performing an abortion on an unmarried girl under age
18 without proper consent, and performing an abortion in the third trimester
that isn't covered by certain exceptions. The law takes effect Thursday.
That means a doctor performing a prohibited abortion could be accused of
capital murder because the capital murder law covers the death of a child
under age 6, according to the prosecutors association.
"I think it's a little bit of a stretch," said Elizabeth Graham, director of
Texas Right To Life. "The legislative intent clearly was not to incarcerate
doctors or execute doctors who are performing abortions, illegal or
otherwise." The chances are "very slim" that a district attorney would try
such prosecution, she said.
Sarah Wheat, executive director of NARAL Pro-choice Texas, said it can't be
ruled out.
"I think, when it comes to this issue, there is always someone who is
looking for a political win," Wheat said.
Like Texas, many states have enacted parental consent and fetal protection
laws, said Jody Ruskamp-Hatz, policy specialist for the National Conference
of State Legislatures. Ruskamp-Hatz said she is not aware of another state
in which there is an interpretation that abortion doctors could be subjected
to capital murder charges.
The Texas Medical Association said it opposes any legislation with the
stated purpose of subjecting doctors to capital murder charges. A violation
of the parental consent law "would mean the physician could lose his or her
license, not his or her liberty," spokesman Darren Whitehurst said.
--
J.C.
.
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