Bill would make killing of fetus chargeable

Topeka Capital-Journal, The, Mar 16, 2007 by Tim Carpenter

By Tim Carpenter

THE CAPITAL-JOURNAL

Becky Gaughan fought back tears Thursday while urging senators to embrace Alexa's Law so prosecutors can bring charges against anyone responsible for harming a fetus.

The Topeka woman spoke from personal experience to members of the Senate Judiciary Committee. Her story, she said, began as any shared by a woman close to giving birth, with doctor visits and stocking a bedroom with items for her child, Morgan. It ended in March 1994 in tragedy when an eight-time convicted drunken driver slammed into her car.

"When I awoke from surgery the first thing I asked was, 'Did Morgan die?' I was told that yes, she had died. At that point, my life stopped," Gaughan said. "We were outraged to discover that the drunk driver could not be charged with killing our precious baby."

Gaughan was among advocates for a proposed law making it possible to charge someone with murder, manslaughter or other crimes for killing or harming an unborn child at "any stage of gestation from fertilization to birth."

The bill was inspired by the slaying last year of Chelsea Brooks, a pregnant 14-year-old Wichita girl. Her baby, who was to be named Alexa, died. Suspects have been charged in Brooks' kidnapping and homicide, but no charges have been brought in the death of the unborn child.

"The point of Alexa's Law is we change that to two murders, not one," Rep. Steve Brunk, R-Bel Aire, told the Senate committee.

The House passed the bill 94-28 earlier in this session, but related versions of the measure were blocked by the Senate in 2002 and 2005.

Supporters of the bill include Kansans for Life, the state's largest anti-abortion group. The bill contains an exemption for legal abortions, but critics suggest the measure is a first step toward banning abortions.

Sen. John Vratil, R-Leawood, chairman of the Senate Judiciary Committee, said language in the bill touching on abortion sent up red flags.

"I think legislators have to look beyond the emotional appeal of abortion and decide what is good public policy," Vratil said.

Tim Carpenter can be reached at (785) 296-3005 or timothy.carpenter@cjonline.com.