February 19, 2010
Proposal recognizing fetus as person in drunken driving cases receives unanimous Senate vote
By BRIGID CURTIS AYER (Indiana Catholic Conference)
INDIANAPOLIS — When Wayne County resident Danielle Brookshire got in her car to run an errand, little did she know how the short jaunt would change her life.
Brookshire was hit by a drunk driver resulting in the death of her unborn child. As if the tragedy could be any worse, the driver at fault received only a traffic ticket.
When Brookshire met with her state senator Allen E. Paul, R-Richmond, and detailed her story about the 2007 car crash, Paul was convinced changes in current state law should be made. Sen. Paul worked with Brookshire and Wayne County Prosecutor Michael Shipman on crafting the language of the legislation, SB 71, and named it “Drew’s Bill,” after the child who died.
Drew’s Bill, which passed the Senate by a 50-0 vote, adds termination of preg-nancy to the current reckless homicide law, a Class C felony. This law would not apply to an abortion as medically performed in compliance with Indiana law.
Glenn Tebbe, Indiana Catholic Confer-ence executive director said that while he did not testify during the Senate hearing of the bill, the Church is supportive of the legislation because of the premise of recognizing the unborn.
“Danielle was in the final trimester of her pregnancy when she was struck by a drunken driver,” Paul said. “While the driver walked away with only a traffic ticket, Danielle tragically lost her unborn child and sadly is unable to become pregnant again.”
Currently, Indiana law states a drunken driver who fatally injures another person can be charged with a Class C felony, a crime punishable by up to 8 years. The charge becomes a Class B felony if the driver has prior convictions and could face six to 20 years.
Senate Bill 71, as amended, would make killing of a fetus as a result of operating a vehicle while intoxicated a Class D felony — a crime punishable by up to six months in prison.
Paul said Indiana would join several other states where penalties against drunken drivers increase if they cause crashes resulting in the termination of pregnancies. According to data compiled by the National Right to Life, the other states that have either reckless or vehicular homicide recognizing the unborn in-clude: Arkansas, Arizona, Florida, Geor-gia, Kansas, Illinois, Louisiana, Massa-chusetts, Minnesota, Nebraska, Ohio, Pennsylvania, South Dakota, Tennessee, Utah and Wisconsin.
Last year, the Indiana General Assem-bly increased penalties for feticide giving further recognition to the unborn. The feticide legislation of 2009 was prompted by a tragedy involving a pregnant bank teller who was shot during a robbery. The bank teller survived, her unborn twins did not. Under the feticide law, a person who kills an unborn baby while committing or attempting to commit murder or another crime commits feticide. A person found guilty of causing the death of a child in utero may be sentenced to an additional term of imprisonment of six to 20 years.
In criminal actions, the state prosecutes on behalf of the victim for crimes committed. The law increased penalties for the crime of feticide from a Class C to a Class B felony.
Paul said he applauded the bipartisan effort shown by Senate lawmakers to pass the legislation. “Both sides of the aisle supported this from the beginning and I am excited to see it move over to the House,” Paul said. “Also, I am pleased Senate lawmakers allowed the bill to stay true to its intended purpose — to increase penalties against drunken drivers and prevent another family from going through the same horrible situation Danielle Brookshire and her family went through.” Paul said, “While the accident was tragic and a situation no family should go through, Drew’s memory will live on through this bill and will help make sure this type of reckless act does not continue to go unpunished. It’s a fitting tribute to Danielle’s lost son.”