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Wake County Story

Story Highlights
  • Some state lawmakers are trying to push a bill forward that would charge a person with two counts of murder if they killed a pregnant woman.
  • This is the fifth time supporters have tried to make this a law.




Lawmakers Push For Fetal Homicide Law

Credit: AP Online

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RALEIGH, N.C. -

Some state lawmakers are trying to push a bill forward that would charge a person with two counts of murder if they killed a pregnant woman.

It's called the "Unborn Victims of Violence Act."

"It is illegal to kill a Grass Carpe in the state of North Carolina," Republican Rep. Pat McElraft said in a press conference Wednesday. "It is not illegal to kill an almost born baby in North Carolina."

Supporters say North Carolina is one of the few states in the south that does not have this on the books already.

For Kevin Blaine, the fight is personal.

Two years ago, his daughter, Jenna Nielsen, was murdered when she was nine months pregnant.

No arrests have been made, but if the killer is caught, under current North Carolina law, there will be only one murder charge and not two.

Blaine said that is unacceptable.

"I'm just appalled with the whole thing," he said. "It's time that we stand up. It's time that we all listen. It's time that we gather together."

This is the fifth time supporters have tried to make this a law, but each time the bill fails without receiving a hearing in committee.

However, opponents said the bill is not needed.

"We already have a way to deal with it so this new bill is completely unnecessary," said Sarah Preston, a lobbyist for the ACLU.

Under current North Carolina law, if a person knowingly injures a pregnant woman and causes a miscarriage or still birth, then that person is charged with a higher crime.

Preston said this bill takes the focus off what she says is the cause of the murders.

"We need to focus on the root of the problem which is domestic violence and finding a solution for that and providing protection for women," she said.

Opponents said they are also worried about how a law like this would affect the debate over abortion.

But after the bill passed, what would be the difference between a woman getting an abortion and a person who injures a pregnant woman and kills the fetus?

"Because abortion is considered legal," McElraft said. "Murder is not."

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