HB 1107 - protection measure for the unborn

Roger Hunt is the prime sponsor of HB 1107, a fairly innocuous measure which is called "An Act to clarify the application of certain statutes for the protection of abused or neglected children," and amends 26-8A-2. Pretty simple, wouldn't you think?

Except look at the sole change to the law in the measure:
26-8A-2. In this chapter and chapter 26-7A, the term, abused or neglected child, means a child:

and...

(9) Who is, as an unborn child, or was subject to prenatal exposure to abusive use of alcohol or any controlled drug or substance not lawfully prescribed by a practitioner as authorized by chapters 22-42 and 34-20B; (bold part is the addition to the statute)

So, this measure provides protection to the unborn in the case of pre-natal abuse because of alcohol or any controlled drug. It remains to be seen if this ends up as a controversial measure this session, or if it's viewed as a reasonable measure to protect children.

Comments

Anonymous said…
Pro-choicers (notice I did not say pro-aborts) like to point to science. Well, it's pretty indisputable scientifically that boozing it up during pregnancy can lead to FAS. Will be interesting to see how far this measure gets and what kind of objections are raised.
Anonymous said…
The interesting thing about it is that it adds "as an unborn child" to a statute that already protects against prenatal exposure. It simply changes the tense from has to is. This could take us down interesting roads where there could be a severing of maternal rights before a child is even born.
Anonymous said…
I wonder who is paying Roger to sponsor this bill? Don't bother to ask him, he won't tell. It's "attorney-client" privilege. It isn't bribery if you call it a fee.
VJ said…
Thank you Roger Hunt!

The "unborn child" part needs to be in the law.

It is our moral responsibility to protect the unborn child from alcohol and drug abuse.

If the mother puts her unborn child in danger then we must step in and stop the abuse! Simple as that!
Anonymous said…
This law is just more pro-life grandstanding - distracting from the issue. Adding "as an unborn child" when the word "prenatal" is used is repetitive and unnecessary. Why not define more common English words, while we're at it - maybe "use" or "chapters."
Anonymous said…
Yeah, but 12:44, grandstanding for the faithful is how Roger and Leslie keep the dough rolling in. They're our own little Jim and Tammie Faye.
Anonymous said…
Answer this please:
If someone kills a womam carrying a baby and that is murder and the perp is charged with a double murder then what is the difference if a pg woman is abusing drugs while pg and the baby dies or is harmed in the process?
Someone correct me if i am wrong: Didn't this type of meassure come up at the national level a few years ago?
nonnie said…
Yes, that did come up when Scott Peterson was charged with double murder of his wife and unborn son. Wonder why that didn't change Roe V Wade right by itself, as that is admitting that the unborn child was a life.

I like the idea of this HB 1107 to prevent abuse even during pregnancy. But how in the world would that be enforced? Would the pregnant lady be locked up to keep her away from booze, smokes, drugs during pregnancy? I don't think that's the answer either BTW.
Anonymous said…
I am against abortion and hope that a bill is introduced. I am against the "Rape Clause" because of one reason. That reason is many innocent men are going to get falsely accused and charged with rape. This will cause unnecessary litigation fees. Either do this the right way and make abortion illegal throughout or leave it alone and let God be the judge later.
Anonymous said…
Thanks Nonnie i thought I was right. I can't believe that I forgot about the Peterson case or shall I say the name Peterson.
My main comment was about the Peterson case vs the "other". I don't really see a difference. I think we may be on the same page.
Then I must also ask, if abortion will always happen even if illegal what should be done about those cases? Send them all to prison at taxpayer exp? Okay so please not harp for asking. It is something to ponder considering there are cases when a baby dies and must be removed. Sad but true.
Anonymous said…
sorry, i was trying to say "please odn't harp" for asking.
Anonymous said…
I still can't spell or check my work. I type to fast. I guess you get my point! jezzzzzzz.
Patti Martinson said…
Big of 'anonymous' to say pro-choice. Small of you to say pro-aborts in the same breath. Respect for pro-choicers is just oozing from your pores. You wouldn't be Steve Sibson by any chance?

I wonder. If a woman smokes one ciggy, would the cops toss her in jail and take her child away from her?

What about second-hand smoke. Will the father be tossed in the pokey for that?

How about family members? Friends, other relatives? Will we have to thrown everyone in jail for even giving a pregnant woman a funny look?
Anonymous said…
What grandstanding. How 'feel good'. For liability will it require pregnancy tests prior to providing an ordered drink? Riding in a car while pregnant without wearing a seatbelt will become an abuse and neglect offense. The recent death of the child in RC shows DSS is overworked, returning kids to unsafe environments, so let's give them more work, without resources. Who keeps electing this blowhard?
Anonymous said…
It's pretty simple what this bill does. As pp points out, it appears fairly innocuous, but is actually devilishly clever.

It bestows rights upon an unborn child to protection from "abuse or neglect."

Read the other provisions within SDCL 26-8A and you will begin to understand the huge can of worms which Rep. Hunt hopes to open.

For starters, it includes an obligation to report abuse or neglect. Failure to do so is a Class 1 misdemeanor.

Those obligated to report include "physician, dentist, doctor of osteopathy, chiropractor, optometrist, mental health professional or counselor, podiatrist, psychologist, religious healing practitioner, social worker, hospital intern or resident, parole or court services officer, law enforcement officer, teacher, school counselor, school official, nurse, licensed or registered child welfare provider, employee or volunteer of a domestic abuse shelter, chemical dependency counselor, coroner ... "
Anonymous said…
Roger Hunt wants to protect all unborn children, but who is going to protect the rest of us from Roger Hunt? Is there anyone out there who is ready to anonymously give $750,000 to promote this?

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