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 9  AN ACT concerning crimes and punishment; relating to injury to a preg-
10    nant woman and injury to a pregnant woman by vehicle; amending
11    K.S.A. 21-3440 and 21-3441 and repealing the existing sections.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    Section 1.  K.S.A. 21-3440 is hereby amended to read as follows: 21-
15  3440. (a) Injury to a pregnant woman is injury to a pregnant woman by
16  a person other than the pregnant woman in the commission of a felony
17  or misdemeanor causing the pregnant woman to suffer a miscarriage as
18  a result of that injury.
19    (b)  As used in this section, ``miscarriage'' means the interruption of
20  the normal development of the fetus, other than by a live birth, resulting
21  in the complete expulsion or extraction from a pregnant woman of a
22  product of human conception or resulting in the death of the fetus
23  whether such death occurred before or after complete expulsion or ex-
24  traction from a pregnant woman.
25    (c)  Injury to a pregnant woman in the commission of a felony is a
26  severity level 4, person felony. Injury to a pregnant woman in the com-
27  mission of a violation of K.S.A. 21-3412, subsection (a)(1) of K.S.A. 21-
28  3413 or K.S.A. 21-3517 and amendments thereto is a severity level 5,
29  person felony. Injury to a pregnant woman in the commission of a mis-
30  demeanor other than a violation of K.S.A. 21-3412, subsection (a)(1) of
31  K.S.A. 21-3413 or K.S.A. 21-3517 and amendments thereto is a class A
32  person misdemeanor.
33    (d)  The provisions of this section shall be part of and supplemental
34  to the Kansas criminal code.
35    Sec. 2.  K.S.A. 21-3441 is hereby amended to read as follows: 21-
36  3441. (a) Injury to a pregnant woman by vehicle is injury to a pregnant
37  woman by a person other than the pregnant woman in the unlawful op-
38  eration of a motor vehicle causing the pregnant woman to suffer a mis-
39  carriage as a result of that injury.
40    (b)  As used in this section, ``miscarriage'' means the interruption of
41  the normal development of the fetus, other than by a live birth, resulting
42  in the complete expulsion or extraction from a pregnant woman of a
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 1  product of human conception or resulting in the death of the fetus
 2  whether such death occurred before or after complete expulsion or ex-
 3  traction from a pregnant woman.
 4    (c) (1)  Injury to a pregnant woman by vehicle while committing a
 5  violation of K.S.A. 8-1567 and amendments thereto is a severity level 5,
 6  person felony.
 7    (2)  Injury to a pregnant woman by vehicle while committing a vio-
 8  lation of law related to the operation of a motor vehicle other than K.S.A.
 9  8-1567 and amendments thereto is a class A person misdemeanor.
10    (d)  The provisions of this section shall be part of and supplemental
11  to the Kansas criminal code.
12    Sec. 3.  K.S.A. 21-3440 and 21-3441 are hereby repealed.
13    Sec. 4.  This act shall take effect and be in force from and after its
14  publication in the statute book.