Virginia General Assembly

Status of Bills Relating to Pro-Life Issues

(Updated April 2, 2003)

Following is a list of bills relating to pro-life issues that have been introduced in the 2003 Virginia General Assembly. In addition to the large number of pro-life bills below, including several passed by the General Assembly, note that there is one pro-abortion bill that was defeated.

For more detail about a bill and its text, click on the bill number. Note that HB refers to bills in the Virginia House of Delegates and SB refers to bills in the Virginia Senate.

BILL STATUS SUMMARY: (for details, see below)

Passed General Assembly and became law after General Assembly rejected unacceptable amendments proposed by Governor Warner:

  • HB 1541 (Partial Birth Infanticide); SB 1205 (Partial Birth Infanticide);
  • HB1402 (Parental Consent); SB 1124 (Parental Consent)

Passed General Assembly and signed into law by Governor Warner:

  • HB 2447 (Safe Haven); SB 1151 (Protection of Infants);
  • HB 1833 (Adoption as Positive Alternative)

Defeated:

  • Passed General Assembly but House failed to override veto by Governor Warner: HB 1406 (Choose Life License Plates)
  • Passed House and killed by a Senate Committee: HB 2367 (Clinic Regulation); HB 1741 (Conscience Clause); HB 1580 (Mental Health Provision)
  • Passed Senate and killed by a House Committee: SB 1104 (Pro-abortion Bill)
  • Killed by a House Committee: HB 2692 (Injury to Child in Utero); HB 2366 (Human Embryo Research)
  • Killed by a Senate Committee: SB 772 (Clinic Regulation)

DETAILED STATUS OF BILLS:

Partial birth infanticide

The two bills below went through a number of wording changes but were finally passed by the General Assembly with identical wording. Governor Warner returned the bills with a modification adding a health exception. The bills define "partial birth infanticide" as any deliberate act that (i) is intended to kill a human infant who has been born alive, but who has not been completely extracted or expelled from its mother, and that (ii) does kill such infant." "Substantially expelled or extracted from its mother" is defined as, in the case of a head first presentation, the infant's entire head is outside the body of the mother, or, in the case of breech presentation, any part of the infant's trunk past the navel is outside the body of the mother.

HB 1541: Partial birth infanticide.
Chief patron: Del. Bob Marshall
Status: Referred to House Courts of Justice committee.
Passed Courts of Justice committee on 1/27/03 by a vote of 18-4, after Del. Bob McDonnell's bill, HB 2513, was combined with it.
Passed the House of Delegates on 2/1/03 by a vote of 72-27 and sent to the Senate for consideration.
Referred to Senate Education and Health committee.
Passed Senate Education and Health committee on 2/13/03 by a vote of 9-5-1 and sent to the Senate floor for consideration.
Passed by Senate on 2/18/03 by a vote of 29-11.
A Senate/House Conference committee produced the final version of the bill which was:
Passed by the House of Delegates on 2/21/03 by a vote of 76-20,
Passed by the Senate on 2/22/03 by a vote of 29-11,
and
Sent to Governor Warner for signature.
Returned by Governor to General Assembly with addition of a health exception (unacceptable to pro-lifers).
Governor's recommendation rejected by House of Delegates on 4/2/03 by a vote of 25-75.
Bill again passed by the House by a vote of 77-22 and by the Senate by a vote of 27-12.
Bill became law.

SB 1205: Partial birth infanticide. The bill as passed by the Senate was amended by the House Courts of Justice committee and further amended on the House floor.
Chief patron: Sen. Steve Newman
Status: Referred to Senate Courts of Justice committee.
Referred by Courts of Justice on 1/22/03 to the Senate Finance Committee.
Referred by Finance on 1/28/03 to the Senate Education and Health committee.
Passed by Senate E&H committee on 1/30/03 on a vote of 9-6.
Passed by Senate on 2/4/03 by a vote of 27-12 and sent to the House of Delegates for consideration.
Referred to House Courts of Justice committee.
Passed by House Courts of Justice committee by a vote of 19-3 and sent to the House floor for consideration.
Passed by House of Delegates on 2/13/03 by a vote of 73-26.
A Senate/House Conference committee produced the final version of the bill which was:
Passed by the Senate on 2/22/03 by a vote of 29-10,
Passed by the House of Delegates on 2/22/03 by a vote of 80-17,
and
Sent to Governor Warner for signature.
Returned to General Assembly with a health exception (unacceptable to pro-lifers).
Governor's recommendation rejected by the Senate on 4/2/03 by a vote of 12-28.
Bill again passed by the Senate by a vote of 28-12 and by the House by a vote of 75-20.
Bill became law.

Parental consent for abortion

The two bills below went through a number of wording changes but were finally passed by the General Assembly with identical wording. The bills require a physician to obtain parental consent prior to performing an abortion on "an unemancipated minor." Governor Warner returned the bills with modifications deleting the requirements for notarization of the consent statement and making other weakening changes.

HB 1402: Parental consent for abortion.
Chief patron: Del. Dick Black
Status: Referred to House Courts of Justice committee.
Passed Courts of Justice committee on 1/27/03 by a vote of 17-5.
Passed the House of Delegates on 2/1/03 by a vote of 70-29 and sent to the Senate for consideration.
Referred to Senate Education and Health committee.
Passed Senate Education and Health committee on 2/13/03 by a vote of 9-6 and sent to the Senate floor for consideration.
Passed Senate on 2/19/03 by a vote of 29-11.
A Senate/House Conference committee produced the final version of the bill which was:
Passed by the House of Delegates on 2/22/03 by a vote of 74-24,
Passed by the Senate on 2/22/03 by a vote of 30-9,
and
Sent to Governor Warner for signature.
Returned to General Assembly with unacceptable weakening amendments.
Governor's (nine) recommendations rejected by House of Delegates on 4/2/03 by two votes of 31-69 and 30-70.
Bill again passed by the House by a vote of 71-29 and by the Senate by a vote of 27-12.
Bill became law.

SB 1124: Parental consent for abortion.
Chief patron: Sen. Ken Stolle
Status: Referred to Senate Education and Health committee.
Passed by Senate E&H committee on 1/31/03 on a vote of 9-6
Passed by Senate on 2/4/03 by a vote of 27-11 and sent to the House of Delegates for consideration.
Referred to House Courts of Justice committee.
Passed by House Courts of Justice on 2/18/03 by a vote of 16-5 and sent to the House floor for consideration.
Passed House of Delegates on 2/19/03 by a vote of 72-25.
A Senate/House Conference committee produced the final version of the bill which was:
Passed by the House of Delegates on 2/22/03 by a vote of 78-21,
Passed by the Senate on 2/22/03 by a vote of 29-11,
and
Sent to Governor Warner for signature.
Returned to General Assembly with unacceptable weakening amendments.
Governor's recommendation rejected by the Senate on 4/2/03 by a vote of 11-29.
Bill again passed by the Senate by a vote of 28-12 and by the House by a vote of 69-26.
Bill became law.

Safe Haven

The two bills below went through a number of wording changes but were finally passed by the General Assembly with identical wording.

HB 2447: Ability to deliver a child up to 14 days to an "approved facility" without fear of prosecution for abuse or neglect. Modified bill passed by the House Courts of Justice committee applies for a child up to 7 days after birth. The Senate Courts of Justice committee changed the bill back to 14 days after birth before sending it to the Senate floor. The final bill kept the 14 day provision.
Chief patron: Del. H. Morgan Griffith
Status: Referred to House Courts of Justice committee.
Passed by Courts of Justice committee on 2/1/03 by a vote of 19-2 and sent to House floor for consideration.
Passed by House of Delegates of 2/4/03 by a vote of 92-6 and sent to the Senate for consideration.
Referred to Senate Courts of Justice committee.
Passed by Senate Courts of Justice committee on 2/17/03 on a unanimous vote and sent to the Senate floor for consideration.
Passed by Senate on 2/18/03 on a unanimous vote.
A Senate/House Conference committee produced the final version of the bill which was:
Passed by the House of Delegates on 2/22/03 by a vote of 99-0,
Passed by the Senate on 2/22/03 by a unanimous vote,
and
Sent to Governor Warner for signature.
Signed by Governor into law on 3/22/03. Law effective 7/1/03.

SB 1151: Protection of infants. Ability to deliver a child up to 14 days to a hospital emergency facility, rescue squad or fire department without fear of prosecution for abuse or neglect. Includes a requirement to report any childbirth where a health professional is not in attendance. The original bill also contained a provision that was deleted by the Senate Finance committee that would have added a felony penalty for death or injury to a child in utero during other unlawful (felony) conduct.
Chief patron: Sen. Ken Stolle
Status: Referred to Senate Courts of Justice committee.
Substitute bill passed by the Senate Courts of Justice committee on 1/22/03 by a vote of 11-2 and sent to the Senate Finance committee.
Bill modified by the Senate Finance committee and passed on 1/28/03 by a vote of 13-0.
Passed unanimously by the Senate on 1/31/03 and sent to the House of Delegates for consideration.
Referred to House Courts of Justice committee.
Passed by House Courts of Justice committee on 2/18/03 by a vote of 21-0 and sent to the House floor for consideration.
Passed House of Delegates on 2/19/03 by a vote of 99-0.
A Senate/House Conference committee produced the final version of the bill which was:
Passed by the Senate on 2/22/03 by a vote of 39-0,
Passed by the House of Delegates on 2/22/03 by a vote of 98-0,
and
Sent to Governor Warner for signature.
Signed by Governor into law on 3/22/03. Law effective 7/1/03.

HB 2448: Ability to deliver a child up to 72 hours to an "infant-receiving facility" without fear of prosecution for abuse or neglect.
Chief patron: Del. H. Morgan Griffith
Status: Referred to House Courts of Justice committee.
Incorporated into HB 2447 by Courts of Justice Committee. No further action.

SB 1057: Same as HB 2447.
Chief patron: Sen. Martin Williams
Status: Referred to Senate Courts of Justice committee.
Safe haven provisions incorporated into SB 1151 by Senate Courts of Justice committee on 1/22/03. No further action expected on SB 1057.

"Choose Life" license plates

HB 1406: CHOOSE LIFE license plates. These plates would have an additional fee of $25. After the first 1,000 registrations, $15 of this fee would be paid annually back to the locality in which the vehicle is registered and distributed to agencies that provide counseling and other services that meet the needs of expectant mothers who are committed to placing their children for adoption.
Chief patron: Del. Dick Black
Status: Referred to House Transportation committee.
Passed by House Transportation committee on a vote of 13-6 and sent to the House floor.
Passed by House of Delegates on 2/4/03 by a vote of 57-37-2 and sent to the Senate for consideration.
Referred to Senate Transportation committee.
Passed by Senate Transportation committee on 2/13/03 by a vote of 8-6-1 and sent to the Senate floor for consideration.
Passed by Senate on 2/18/03 by a vote of 25-14.
Sent to Governor Warner for signature.
Vetoed by Governor on 3/24/03.
House of Delegates failed to override veto on a vote of 60-39-1 (67 votes required for override).

Information prior to abortion relative to adoption

HB 1833: Clarifies that information provided prior to an abortion portrays adoption as a positive alternative and provides certain minimum information about adoption services.
Chief patron: Del. Gary Reese
Status: Referred to House Courts of Justice committee.
Passed Courts of Justice committee on 1/27/03 by a unanimous vote.
Passed the House of Delegates on 1/31/03 by a vote of 98-0 and sent to the Senate for consideration.
Referred to Senate Education and Health committee.
Passed Education and Health committee on 2/13/03 by a unanimous vote and sent to the Senate floor for consideration.
Passed Senate on 2/18/03 by a unanimous vote.
Sent to Governor Warner for signature.
Signed into law by Governor on 3/24/03. Law effective 7/1/03.

Injury to child in utero (unborn victims of violence)

HB 2692: Injury to child in utero.
Chief patron: Del. Robert Bell
Status: Referred to House Courts of Justice committee.
Tabled by Courts of Justice committee on 1/31/03 by a vote of 21-0.

Clinic regulation

HB 2367: Original bill modified to require all abortion clinics which perform 25 or more abortions per year to be licensed and comply with current requirements for ambulatory surgery centers.
Chief patron: Del. Bob Marshall
Status: Referred to House Health, Welfare and Institutions committee.
Passed HWI Committee on 1/21/03 by a vote of 14-8 and sent to the House floor.
vote of 65-31 and sent to the Senate for consideration.
Referred to Senate Education and Health committee.
Defeated in Senate Education and Health committee on 2/13/03 by a vote of 7-8.

SB 772: Requires any facility performing 25 or more abortions per year to be included in hospital regulatory requirements.
Chief patron: Sen. Ken Cuccinelli
Status: Referred to Senate Education and Health Committee.
Defeated in Senate Education and Health Committee on 1/31/03 on a vote of 7-7-1.

HB 1549: Requires first trimester abortions not done in a hospital to be done not more than 15 miles from a hospital emergency room.
Chief patron: Del. Bob Marshall
Status: Referred to House Courts of Justice committee.
Tabled by Courts of Justice committee on 1/27/03 (unanimous vote).

HB 1645: Requires any facility performing 25 or more abortions per year to be included in hospital regulatory requirements.
Chief patron: Del. Bob Marshall
Status: Referred to House Health, Welfare and Institutions committee.
Defeated in HWI Committee on 1/21/03 by a vote of 10-12.

Conscience clause on abortion

HB 1741: Conscience clause on abortion.
Chief patron: Del. Kathy Byron
Status: Referred to House Courts of Justice committee.
Passed Courts of Justice committee on 1/27/03 by a vote of 17-5.
Passed the House of Delegates on 1/31/03 by a vote of 69-29 and sent to the Senate for consideration.
Referred to Senate Courts of Justice committee.
Rereferred by Courts of Justice to Senate Education and Health committee.
Passed by indefinitely (killed) by Senate Education and Health committee on 2/13/03 by a 9-5-1.

Human Embryo Research

HB 2366: Prohibits "destructive research" on human embryos.
Chief patron: Del. Bob Marshall
Status: Referred to House Health, Welfare and Institutions committee.
Tabled by HWI committee on 1/28/03 (unanimous vote).

Other bills

HB 1580: Removed "mental health" from consideration as a condition for a third trimester abortion.
Chief patron: Del. Mark Cole
Status: Referred to House Courts of Justice committee.
Passed Courts of Justice committee on 1/27/03 by a vote of 18-4.
Passed the House of Delegates on 2/1/03 by a vote of 71-28 and sent to the Senate for consideration. Referred to Senate Education and Health committee.
Defeated in Senate Education and Health committee on 2/13/03 by a vote of 7-8.

HB 1547: Relates to penalties for abortionist if consent not given for a minor's abortion.
Chief patron: Del. Bob Marshall
Status: Referred to House Courts of Justice committee.
Tabled by Courts of Justice committee on 1/27/03 (unanimous vote).

HB 2371: Requires reporting of abortions and complications of abortion.
Chief patron: Del. Bob Marshall
Status: Referred to House Health, Welfare and Institutions committee.
Tabled by HWI committee on 1/28/03 (unanimous vote).

Pro-abortion bill

SB 1104: Attempts to define prevention of implantation of a fertilized ovum as contraception rather than abortion.
Chief patron: Sen. Mary Margaret Whipple
Status: Referred to Senate Education and Health committee.
Passed by Senate E&H committee on 1/30/03 by a vote of 10-4-1.
Passed by Senate on 2/4/03 by a vote of vote of 22-16-1 and sent to the House of Delegates for consideration.
Referred to House Health, Welfare and Institutions committee.
Reported from HWI committee and referred to the House Courts of Justice committee.
Defeated in House Courts of Justice committee on 2/18/03 by a vote of 9-9.

VSHL is the Virginia affiliate of the National Right to Life Committee.

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