"Neanderthal Chris" (Jones)' Bill Passed the House

By: KathyinBlacksburg
Published On: 2/26/2008 11:14:02 PM

One just can't afford to be sick.  While we weren't looking, Neanderthal Del. Chris Jones' (R-Suffolk) monstrous bill (HB 1126) passed the House (68 to 31)  and is in Committee (Education and Health) in the Senate!  Del. Jones wants to felonize women having either an abortion or miscarriage.  It's bad enough to felonize women having an abortion.  But the inclusion of miscarriage, which occurs naturally in 20% of all pregnancies, is simply draconian.

The upshot could be that up to 20% of all pregnancies would result in criminal investigation.  Talk about feeding the prison industrial complex.  And that's what this punitive, unAmerican bill will do.
Miscarriages which are "caused" by the woman, or anyone else, will yield a five year prison sentence.  As the full text reveals (below), "cause" is defined very vaguely.  It's bad enough to try to felonize women for abortions.  But to treat miscarriage as if it were a criminal matter is, well, downright grotesque.  

And the roll call contains the usual radical wrong, who'd be considered buffoons, but for the tremendous damage they do.  It really goes to show how uncompassionate conservatives (and their gutless enablers on our side of the aisle) are. These folks are right out of Margaret Atwood's The Handmaid's Tale.

You know the crew: Dave Albo, Terry Kilgore, Bob Marshall Bill Carrico, John Cosgrove, et al.  And as for Democrats Phillips, Valentine, Armstrong, Barlow, (Algie) Howell, Johnson, Morrissey, and Lewis, get them out of office.  Soon!

Here's the text.


Be it enacted by the General Assembly of Virginia:
1.  That -º 18.2-71 of the Code of Virginia is amended and reenacted as follows:
-º 18.2-71. Producing abortion or miscarriage, etc.; penalty.
Except as provided in other sections of this article, any person, including the pregnant female, who administers  or  causes to be taken by a  pregnant female any drug or other thing, or  uses means, with intent to destroy her unborn child, or to produce abortion or miscarriage, and thereby  destroys such child, or  produces such abortion or miscarriage,  is guilty of a Class 4 felony. The provisions of this section shall not apply to any medically approved contraceptive whether used before or after sexual intercourse [ or any medication legally prescribed by a physician ] [ specifically to induce or cause an abortion ] .
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment.  Pursuant to -º 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities and cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.

There you have it.  This bill is more draconian than back in the days of pre-Roe, when a woman would never have been prosecuted for a loss of a pregnancy, whether by miscarriage or abortion.   In 2008, the Neanderthal House of Delegates wants to bring us back to the stone age.  And it needs a shakeout.  And the time is 2009.  Meanwhile, let's make their lives miserable.  Call their offices, often.  Hound 'em.  Give em some Molly Ivins' style hell.  

PS If you read all the related clauses, doctors have a lot of cover (e.g., they wouldn't be prosecuted for legal abortion).  The women themselves not so much.  It has all the signs of a bill to be ready when Roe is eliminated once and for all.


Comments



Disgraces to Our Party (GeorgetownStudent - 2/26/2008 11:26:26 PM)
I can't believe that so many Democrats voted for this bill. Are they so scared about reelection that they can't stand their ground against an inherently chauvinistic bill? Let's imagine the outbursts that would happen if some elected body passed a bill that would encourage investigation of 20% of men who got a woman pregnant.


You have to understand though... (MikeSizemore - 2/27/2008 12:17:59 PM)
...and this is not saying I agree with this bill, but delegates like Dan Bowling, Joseph Johnson, Bud Phillips and Ward Armstrong all come from very pro-life districts.

Mathieson, Lewis and especially Bulova, I'm not so sure about.



That is no excuse... (KathyinBlacksburg - 2/27/2008 1:00:31 PM)
This bill is just plain wrong and prehistoric.  They don't want to go back to pre-Roe.  They want women in prison.  


I totally agree n/t (Doug in Mount Vernon - 2/27/2008 3:14:22 PM)
If David Bulova actually voted for this bill, I call on someone to primary his ass immediately!  (the next cycle!)

Inexcusable in a Fairfax district which is now arguably LIBERAL!!



DRACONIAN? (legacyofmarshall - 2/26/2008 11:29:50 PM)
Why are you being so kind to these people?  How about...

FASCIST
IMMORAL
UNDEMOCRATIC

You also forgot some people that deserve special attention for voting for this monstrosity:

Paula Miller, from an urban Norfolk district
Dave Bulova, from a safe Fairfax district who by all rights should be primaried out for this
BOBBY MATHIESON, WHO JUST BEAT AN INCUMBENT REPUBLICAN WITH 57.5% OF THE VOTE!!!

WHO DO THESE PEOPLE THINK THEY ARE?  Not Democrats, that's for sure!



So (leftofcenter - 2/27/2008 9:23:15 AM)
will Kaine veto this????
This is unbelievable. So much for the dems holding their party together in the Senate. We got dems crossing over right and left here on a few bills.
I mean W   T   F?


They don't seem to recognize... (Doug in Mount Vernon - 2/27/2008 3:17:46 PM)
....that with blogs, text messages, and a whole boatload more people paying attention these days and disseminating information about such outlandish votes much more quickly, some of these lawmakers will be facing retribution on their outrageous votes.

This one should be no exception.

I am CERTAIN there are other outrageous votes out there in this year's House that haven't been caught.  People should begin scanning the bills passed, particularly in the House, to uncover the hidden agendas of some of the delegates.

They're out there, as NLS recently showed us with the $5M budget amendments Clarke Hogan tried to get pushed through undercover in the Honeywell pollution racket.



The Senate blocked this last year. (KathyinBlacksburg - 2/27/2008 3:39:40 PM)
Hopefully it will again.


And (leftofcenter - 2/27/2008 9:25:14 AM)
how do they think they will actually enforce this thing? Dig into our medical records??? Come and arrest women in their homes?
Come ON.


Yep... (KathyinBlacksburg - 2/27/2008 10:05:44 AM)
It will turn the medical care industry into another arm of the police.  This administration has already deputized corporate leaders into agents of the police who can shoot to kill (you know, in case there's martial law).

Now the medical care industry will continue down the path of not just turning in patients w/ suspected pre-existings (as one insurer asked them to do in Calif).  This law, if enacted, means doctors, nurses, etc will be police surrogates. How can we receive good health care and have good communication with our health care providers under circumstances like that?



I (leftofcenter - 2/27/2008 10:23:17 AM)
am not to the point that I believe doctors will willingly open their medical records for law enforcement. Or hospitals either for that matter. If this manages to become law-which I doubt-the lawsuits will be flying.
I just can't see a woman opening her door to a cop who asks "uh hello-did you just lose your baby? And oh by the way, did you have a miscarriage or an abortion?
I think it would be time to leave the state then.


I'm curious... (MikeSizemore - 2/27/2008 12:24:32 PM)
I'm unable to really delve into this bill full force, but could this push a doctor to use discretion in determining if a miscarriage was "self-inflicted"?  


Exactly... (KathyinBlacksburg - 2/27/2008 1:02:14 PM)
And with many Drs being Republicans, imagine the supposition and assumptions that can and will be made by them against women who miscarry.  Will women be presumed guilty just by reason of nature?


Of course this will be vetoed. (WillieStark - 2/27/2008 2:33:48 PM)
There is no way Kaine allows this to become law. It is a bad bill and I am sure that Ward Armstrong knows that.

He probably also knows that Kaine will veto the bill as well.

So before you go and turn the Assembly wholly over to the Republicans, I would urge everyone to target the author of this bill and not fellow Democrats.

So when this idiot Jones comes up for election next year, I wonder how many of you will call and get a phone list to call through to turn out votes for his Democratic opponent. Or how many will pitch in $50. so the Dem candidate can get some mail out the door letting Jones constituents know that he wants to put women who have miscarriages in jail.

Instead we turn on each other.

I normally very much enjoy things that Kathy writes. And she definite nails it that this is a shameful bill. But she goes radically off track when she goes after people like Ward Armstrong, one of the best Dems we have.

Lets get this guy Jones instead.



Nope, sorry (Doug in Mount Vernon - 2/27/2008 3:20:59 PM)
Anyone who is willing to vote for this kind of a bill deserves the negative attention, ESPECIALLY those whose districts DO NOT support this kind of assininity.  Even those where districts may seem to be friendlier to such measures, it doesn't make it right, and voices still should be raised!

You can call it my "95-County" strategy.



You can argue (KathyinBlacksburg - 2/27/2008 3:37:54 PM)
with the forecefulness of my passion on the subject.  In point of fact, however, I feel I have earned the right to be angry.  

I once (long ago) had a mis-carrriage (of a pregnancy I very much wanted--not that that would have been anyone's business) and am mighty sensitive to men trying to become judge and jury.  Did the women do this or that right (or wrong?)  Was it her fault?  Should she have worked?  Exercised?  Did she do something worse?  Hell no.  But it was not for anyone to say.  Even back then pre-Roe, there was none of this going after women who miscarried.

I am not saying I would agree that women who have abortions should be criminalized.  That's bad enough.  But going after women who miscarry is just wicked. And it shows how insincere about protecting real life these people really are. Interestingly, when I miscarried, all the people who supposedly cared about "life," had nothing to say, not even "I'm sorry this happened to you."    

Previously, I was involved in the effort to block efforts by Del John Cosgrove to require all women who have had miscarriages to file a police report within 12 hours.  Following a dressing down on Nightline opposite the great blogger Maura Keaney(and being made to look foolish), he backed down.  Even the so-called pro-life forces joined with us and abandoned him on the bill), so he withdrew it.  Not Jones.  When he failed last year, he came right back with a slightly revised bill.  He made an exception for birth control.  But these guys, a handful, really, keep coming up with more and more creative ways to inject their pseudomorality on citizens' personal lives.

You can argue with my contention that we need (some) better Democrats.  Personally, I think we are foolish to presume we have to go on supporting just any Democrats no matter how they vote.  If they just once cared about real people instead of their obsession with women's reproduction, Virginia would be a better place.  But I agree that what is clear is that the usual suspects among the radical right need to lose their next elections, big time.  



Another exception is legal Rxs (KathyinBlacksburg - 2/27/2008 3:42:08 PM)
that is, legal prescriptions.


look at the vote margin (WillieStark - 2/27/2008 2:38:17 PM)
68 to 31.

If this bill was going to pass anyway. Why would Armstrong and others purposefully give the wingnuts something to hit them with. Their votes would not have made a difference.

Lets get this guy Jones. Any good candidates in the works to take him on?