Have a Miscarriage, Go to Jail

charmtrap

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Imagine the following scenario. You are at home alone at 8:00 on a Friday night. You are 8 weeks pregnant. All of a sudden, you begin to experience heavy cramping and bleeding. You realize with shock and sadness that you are probably experiencing a miscarriage. You are overwhelmed with grief and surprised by the intensity of physical pain involved. When your partner comes home, you break the sad news to him. Over the next few hours, you suffer pain, cramping, and intermittent bleeding. Exhausted, you finally fall asleep in your partner's arms around 4 AM. You sleep until noon.



Guess what? You just earned yourself up to 12 months in jail and a $2,500 fine. Why? Because you failed to call the cops and report your miscarriage within 12 hours.



True? Not yet. But if Delegate John Cosgrove (R-78) has his way, HB1677 will become law in a few short months, and this scenario will be reality for many women in Virginia.

http://www.dailykos.com/story/2005/1/6/194434/1328

What an interesting invasion of privacy we have here, with nice penalties for failing to invade your own privacy.
 

UberLutheran

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charmtrap said:
http://www.dailykos.com/story/2005/1/6/194434/1328

What an interesting invasion of privacy we have here, with nice penalties for failing to invade your own privacy.


...send the products of her "failed pregnancy" in a sealed baggie to the office of Delagate Cosgrove, along with a letter explaining what the products are and why the woman is sending them to him in the first place.

Obviously, such laws are made to be obeyed, else they would be made in the first place... ;) :D
 
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MSBS

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"This bill, which was requested by the Chesapeake Police Department, is an attempt to reduce the number of "trashcan" babies that are born and then abandoned in trashcans, toilets, or elsewhere to die from exposure or worse. There are numerous examples of these tragic deaths in Virginia, many in Northern Virginia and also in Hampton Roads. Once the body of a child is found, if the death of that child is undetermined by a coroner, the person abandoning that child can only be charged with "the improper disposal of a human body".

Ultimately it sounds like the wording of the is a bit off and thus doesn't quite do what it was intended-- the definition of "fetal death" isn't contained in the language of the bill itself so that it is being taken from other Virginia legislation, thusly a miscariage could be considered covered by the bill if it becomes law even though it isn't what was intended. Sounds like a bit a an hysterical reaction to a bill that just needs some adjustments to its language (which is what all those committees and votes and whatnot or supposed to be for).
 
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Cliche Guevara

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MSBS said:
Ultimately it sounds like the wording of the is a bit off and thus doesn't quite do what it was intended-- the definition of "fetal death" isn't contained in the language of the bill itself so that it is being taken from other Virginia legislation, thusly a miscariage could be considered covered by the bill if it becomes law even though it isn't what was intended. Sounds like a bit a an hysterical reaction to a bill that just needs some adjustments to its language (which is what all those committees and votes and whatnot or supposed to be for).

And how, exactly, will this bill reduce "trashcan" fetuses?
 
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SallyNow

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First: The bill is horrible. Why would it become law? To prevent women from giving birth and leaving the child in a bathroom? How would this bill help that? Is it for national statistics? Then why not make it within one week-so that a woman can go to her doctor, and in a situation more comfortable than calling an anonomous 911 operator, and explain what happened?
And of course there is the situation where many women do not know they are pregnant for the first few weeks, and have a miscarriage that isn't discovered until their next doctors' visit for some reason.

Second: In the situation written about, most women would go the hospital-a miscarriage that is far enough along in a pregnancy could cause dangerous bleeding. It is not responsible to portray the "typical woman" as not going to get medical help. The information would probably be gathered within the ER visit, and reported in due time. But again, if the 12 hour time limit is put in place, and a woman does go to the hospital with "heavy bleeding" and is not sure why, it could take over 12 hours to gather information-and the focus should be on helping the woman who has just suffered a terrible loss, NOT on gathering information within a certain, small timeframe!
 
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Cliche Guevara

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Renuka said:
whenever I hear of abortions my heart aches cos I have so many friends who are spending lakhs of money to get pregnant.
I am sure anyone getting pregnant knows what they are in for.... then why not use contraceptives????

You didn't read the article, did you?
 
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MSBS

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Cliche Guevara said:
And how, exactly, will this bill reduce "trashcan" fetuses?

First, I didn't say I agreed with it, just that the character of it was not what was suggest in the OP. Other than that, the intent is to provide a punishment for women that abandon the fetuses-- basically in cases where the cause of death can't be determined, the are unable to prosecute the woman under current laws, except for "improper disposal of a human body." This law seeks to change that so that even if the baby were born dead, the woman is required to report it so that the coroner will be able to determine the cause of death more easily.

It's round about in its logic and the women that are so desperate as to do this kind of thing would have to be aware of the law and the penalties associated with it to begin with-- so over all I don't think it'll have the desired effect. I think California's law in reguards to the abandonment of newborns is MUCH better. The law states that a newborn baby under 72 hours old may be left in a hospital emergency room, fire station, or other designate places no questions asked and without penalty.

But all and all, this law has nothing to do with prosecuting women that have miscarriages, which is what all the knee jerking in the OP was about.
 
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Grizzly

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Virginia must be some kind of paradise, since their lawmakers have so much time on their hands that they have to generate this type of stuff. I mean, who is lobbying for this bill? What purpose does it serve? Who is being helped? What are the benefits?

It simply boggles the mind.
 
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Grizzly

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FrancisIsMyBulldog said:
Don't most states require for some other represenative/delegate support the measure in order to even get it voted on in some form? It makes you wonder who would support this...

It really does make you wonder. Who is pushing for this bill? Who benefits from its passage?
 
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