Topeka — Gov. Kathleen Sebelius signed a law Wednesday giving prosecutors the right to charge someone with murder, manslaughter or battery for intentionally harming a fetus.
The law, dubbed "Alexa's Law" by supporters, was one of nine signed by the governor as she turned attention to items sent to her by legislators.
The 2007 session ended May 2. Alexa's Law was included in a measure that also creates new provisions for controlled substances and drug paraphernalia and expands the law regarding battery against a mental health employee.
"Alexa's Law," named for the fetus of a 14-year-old Wichita girl murdered last year, had strong backing from abortion opponents.
"I'm a little surprised because she wasn't known to be in favor of it," said Mary Kay Culp, executive director of Kansans for Life, the state's largest anti-abortion group.
She said the fact that Alexa's Law was folded into legislation dealing with other issues probably helped get it signed.
"Opponents kept it from coming out of committee, but it was a blessing in disguise because it was attached to a bill that had components that the governor wanted," Culp said.
Abortion rights supporters were disappointed in Sebelius' decision.
"We think that is the wrong approach to the problem they are trying to solve. We certainly are concerned about the precedent of defining a person the way this bill does," said Peter Brownlie, director of Planned Parenthood of Kansas and Mid-Missouri.
Under the new law, when a pregnant woman is attacked, prosecutors would be able to charge the assailant with a crime against the woman and a separate crime against the baby she's carrying. The law, which takes effect July 1, specifically excludes abortion.
Previously, state law made injuring a pregnant woman a felony, but didn't treat the fetus as a victim.
The legislation the governor signed defines a "person" for nine crimes to include an "unborn child" at any stage of development. Those crimes are capital, first-degree and second-degree murder; vehicular homicide; voluntary and involuntary manslaughter; battery and aggravated battery; and manslaughter while driving under the influence of drugs or alcohol.
Thirty-five states have laws making it a crime to kill or harm a fetus, according to the National Conference of State Legislatures, including Alabama, California, Illinois, Missouri and Ohio. However, laws vary from state-to-state, and not all apply from conception as it will in Kansas.
The law was inspired by the case of Chelsea Ann Brooks, a 14-year-old killed less than three weeks before she was to give birth to a daughter whose name was planned to be Alexa.
Her body was found in a shallow grave in Butler County in June, and three suspects were accused of involvement in her strangling. One, a juvenile, pleaded guilty to capital murder, while two adults await trial. Authorities say one of the adults paid $500 to have the girl murdered to avoid being prosecuted for rape.
Julie Burkhart, director of abortion rights group ProKanDo, said legislators took the wrong approach.
"What we need is a full and honest conversation about the rate of male violence against women," she said in a statement. "What we need are laws that will place value on the lives of the women who give life."
Sen. Phil Journey, who introduced a version of the bill early in the session, said the issue was difficult to address, but was glad it was resolved.
"That's really what it was all about, that there was justice for Alexa as there was for her mother," said Journey, R-Haysville.
Comments
LJWorld.com doesn’t necessarily condone the comments here, nor does it review every post. Read our full policy. Also, read about banned accounts and harassing comments.
bearded_gnome (anonymous) says…
Topeka - Gov. Kathleen Sebelius signed a law Wednesday giving prosecutors the right to charge someone with murder, manslaughter or battery for intentionally
harming a fetus.
uh, like abortion? or, uh, like infanticide/partial birth abortion? so, when is it illegal and when is it a "right" from the shadow of expressions in the constitution?
"defining life" indeed. more like deciding which lives can live and which don't deserve to live.
glad this was signed into law.
imastinker (anonymous) says…
Sure -
By calling it murder, they are saying that the baby has certian inalienable rights. If not, the baby would be property, or a part of a body.
This is not about the mother, this is about the rights of the baby. If the baby was a growth (like cancer), as I have heard you say several times, why are we doing this at all? If that's the case, there is only one murder.
tony88 (anonymous) says…
it's funny how wordplay (aka, law) gets us all worked up...
bearded_gnome (anonymous) says…
beanscooter, that's funny coming from you. of course I read and understood that in the article...now, I'm typing extra slow for you here...I was pointing out the basic error in permitting abortion but calling it a crime if *the same* unborn baby suffers from a "violent crime" when abortion usually is a very violent crime including pain to the baby. now, if you didn't get that, beanie, drink your milk eat your cookies and go to bed.
shockchalk (anonymous) says…
I'm pleased that Governor Sebelius signed this into law. It is important to protect all life and this will take a step in that direction. Planned Parenthood has never, and will never, care about the value of life. They are interested in making millions of dollars, not protecting a woman's right to "choose". ProKanDo is clueless if they think the only people committing crimes against women are "male". This law covers murder, homocide, battery, and manslaughter for driving under the influence. Those crimes aren't only committed by men now are they?