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Law To Protect Unborn Child Stalls

Officials: Law Stems From Attack On Pregnant Woman

POSTED: 5:16 pm HST March 1, 2008
UPDATED: 5:23 pm HST March 1, 2008

A state House committee killed a bill that would have required longer prison sentences for anyone convicted of attacking a pregnant woman.

Some lawmakers pushed for the bill after a Big Island man last year allegedly stabbed his pregnant wife, killing her unborn child and a teenage son who tried to protect her.

Tyrone Vesperas allegedly stabbed his son, Tyran, 14, to death as Tyran stepped in to protect his pregnant mother, who was also stabbed. Her unborn child later died.

Vesperas faced murder and attempted murder charges but no murder charge for the unborn child.

Law enforcement officials pushed for the bill because current law does not allow murder charges when a victim is unborn.

"According to Hawaii state law, the baby, being that it wasn't born yet, is not considered a person, and therefore would not be considered in any charges," Capt. Larry Weber said.

In response, lawmakers considered a proposal for mandatory minimum sentences when a pregnant woman is attacked.

But Judiciary Committee Vice Vhairman Blake Oshiro told KITV the bill stalled.

He said opponents were worried the legislation would erode abortion rights by defining a fetus as a person.

He said the committee could not agree on a legal definition of pregnancy.

This has always been a controversial issue at the legislature, with many previous proposals to protect the unborn failing.

Thirty-six other states have fetal homicide laws.
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