L&I Re: Is a Fetus a Person? /example

[Linda D. Misek-Falkoff, Ph.D., J.D.]

"Linda D. Misek-Falkoff, Ph.D., J.D." <[EMAIL PROTECTED]> writes:


NORTH CAROLINA GENERAL ASSEMBLY

                                 LEGISLATIVE FISCAL NOTE

BILL NUMBER: House Bill 594 

SHORT TITLE: Fetus Death From Criminal Act

SPONSOR(S): Representative Starnes

                                        FISCAL IMPACT

                                Yes ( ) No (X) No Estimate Available ( )

                                           (in millions)

                             FY 1997-98
                                         FY 1998-99
                                                      FY 1999-00 
                                                                   FY
2000-01
                                                                               
FY 2001-02 


GENERAL FUND 

Correction No Fiscal Impact 

Recurring 

Nonrecurring

Judicial No Fiscal Impact 

Recurring 

Nonrecurring

TOTAL EXPENDITURES 

POSITIONS: It is anticipated that approximately 0 positions would be
needed to supervise the additional inmates housed
under this bill. This is based on inmate to employee ratios, provided by
the Division of Prisons, for close, medium, and minimum
custody facilities (These position totals include security, program, and
administrative personnel.). 

                                           Close - 2 to 1

                                          Medium - 3 to 1

                                         Minimum - 4 to 1

PRINCIPAL DEPARTMENT(S) & PROGRAM(S) AFFECTED: Dept. of Correction;
Judicial Branch 

EFFECTIVE DATE: December 1, 1997, and applies to offenses committed on
or after that date.





BILL SUMMARY: 

FETUS DEATH FROM CRIMINAL ACT. TO PROVIDE THAT IT IS A CRIMINAL OFFENSE
IF A PERSON
COMMITS OR ATTEMPTS TO COMMIT A CRIMINAL ACT AND THE CRIMINAL ACT
PROXIMATELY RESULTS
IN THE DEATH OF A VIABLE FETUS OR A STILLBORN BIRTH. Adds new GS 14-18.2
to provide if person commits
or attempts to commit criminal act that proximately causes death of
viable fetus or a stillborn birth, person is guilty of (1) a class
F felony if criminal act was felony (unless criminal act was felony
death by vehicle, in which case offense is class G felony); or
(2) a class A1 misdemeanor if criminal act was misdemeanor. Applies to
offenses committed on or after Dec. 1, 1997.

ASSUMPTIONS AND METHODOLOGY: 

Judicial Branch

According to the Judicial Branch, they expect this bill to have little
or no substantial fiscal impact on the court system. The
Judicial Branch cannot estimate the number of criminal acts resulting in
the death of a fetus. However, they expect that there are
relatively few such cases. This bill adds additional charges to existing
cases, as opposed to creating new, additional cases.
Therefore, the Judicial Branch believes they can handle these additional
charges and any new cases that may arise within
existing court resources.

Department of Correction

Based on information received from the Judicial Branch, the Sentencing
Advisory and Policy Commission cannot estimate the
number of felony or misdemeanor cases that may result from this bill.
However, the Sentencing Commission notes that any
additional convictions will probably result in persons already being
charged with another criminal act. Therefore, the
Department of Correction can absorb the few convictions that may arise
within existing resources. 

SOURCES OF DATA: Department of Correction, Judicial Branch; North
Carolina Sentencing and Policy Advisory
Commission.

TECHNICAL CONSIDERATIONS: None.

FISCAL RESEARCH DIVISION 733­4910 DATE: April 28, 1997 

PREPARED BY: Andy Willis 

APPROVED BY: Tom L. Covington


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