SB 1151 Protection of infants.
Kenneth W. Stolle | all patrons    ...    notes
| add to my profiles
history

Summary as passed:
Protection of infants. Provides that when a parent voluntarily delivers a child no older than 14 days to a hospital or rescue squad, the parent will have an affirmative defense to prosecution for abuse or neglect, if the abuse or neglect prosecution is based solely upon having left the baby at such facility. Personnel who accept babies under these conditions are immune from liability absent gross negligence or willful misconduct. This bill is identical to HB 2447.


Summary as passed Senate:
Protection of infants. The bill provides that if a parent leaves an infant at a hospital that provides 24-hour emergency services, rescue squad or fire department within the first two weeks of the child's life it will be an affirmative defense to the prosecution of the parent for child abandonment. The local department of social services has the authority to take custody of the child, place the child in foster care, to initiate proceedings for the termination of parental rights and place the child for adoption. The bill also requires a woman who gives birth after 24 weeks gestation without a health care professional in attendance to report the birth to the health department or law-enforcement within two weeks and makes failure to do so when she is reasonably able a Class 1 misdemeanor. A person who takes action to conceal from the health department or law-enforcement a medically unattended and unreported birth or to conceal the identity of the parents where the baby dies, is guilty of a Class 6 felony.


Summary as introduced:
Protection of infants. Punishes as a Class 2 felony willful, deliberate and intentional conduct that causes death or permanent serious bodily injury to a child in utero; if the conduct is willful and deliberate but not intentional, it is punished as a Class 2 felony. The bill requires a woman who gives birth after 24 weeks gestation without a health care professional in attendance to report the birth to the health department or law-enforcement within 72 hours and makes failure to do so when she is reasonably able a Class 1 misdemeanor. A person who takes action to conceal from the health department or law-enforcement a medically unattended and unreported birth or to conceal the identity of the parents where the baby dies, is guilty of a Class 6 felony, . It will be an affirmative defense to a prosecution for child abandonment if a parent delivers a child to a hospital, rescue squad, or fire department within the first 2 weeks of the child's life.