By State Rep. Janak Joshi
District attorneys and law enforcement officials have repeatedly requested legislation to fix a glaring loophole in Colorado’s criminal justice system. By not creating a separate crime for the death of a pregnant woman’s child through a criminal act, Colorado law fails to protect the rights of pregnant women and their children.
To correct this failure in our criminal justice system, I’m sponsoring House Bill 1130. This bill will allow prosecution for a criminal act that results in the death of a pregnant woman’s child.
Similar legislation has already been passed in 34 states, including California, Florida, Maryland and Washington, while the United States Military Code of Uniform Justice also allows for separate charges to be filed for fetal homicide. With this bill’s passage, Colorado can reform its criminal justice system to protect the rights of pregnant women and their children.
Just over a year ago, Stapleton resident Lauren Gorham Sherlock, who was 34 weeks pregnant, lost her son due to a hit-and-run in Denver. Sherlock was run over while crossing the street and spent months recovering from the devastating injury. The perpetrator was never caught, but even if he was, a separate charge could not be filed for Sherlock’s loss.
This injustice is not covered by Colorado law. My bill corrects that.
This bill is about pregnant women and their children’s justice. This is not an abortion issue.
Nothing in this bill will allow the prosecution of a medical professional for terminating a pregnancy, nor will it allow the prosecution of a mother who chooses to terminate her pregnancy.
The bill excludes from prosecution medical care for which the mother provided consent. The bill does not confer the status of “person” upon a human embryo, fetus or unborn child at any stage of development prior to live birth. This bill is about victims’ rights.
This bill addresses two failures within Colorado’s criminal justice system: It allows for a separate charge for prosecuting a criminal who commits crimes against pregnant women to the fullest extent of the law; and it strengthens criminal law enough to deter malicious attacks against pregnant women and their children.
This is a bill vested in protecting pregnant women and bringing Colorado statutes in line with the criminal justice reforms that a majority of the country has made.
Law enforcement officials as well as district attorneys strongly support the passage of HB 1130. Violent offenders must be held responsible for their actions, regardless of the age or status of their victim. Under current Colorado law, the perpetrator of such an act cannot be charged for a crime that results in the termination of a pregnancy. Colorado is one of just 16 states that does not recognize a crime against a pregnant woman’s child as a separate violent criminal act. HB 1130 will fix this failure.
My bill will hold the perpetrators of these heinous acts accountable for their criminal actions, giving long overdue justice to pregnant women and their children.
It’s time for Colorado to act to protect pregnant women and ensure criminals are prosecuted to the fullest extent of the law.
Janak Joshi, R- Colorado Springs, represents House District 14 in the Colorado Legislature.