RALEIGH -- A new state law that creates separate crimes against mother and unborn child when a pregnant woman is physically attacked will hold assailants more accountable for their actions, supporters said Wednesday.
The fetal protection law is among 35 mostly criminal laws approved earlier this year that will take effect today. Others include one that allows authorities to seize cars followed in serious police chases and sell them after a conviction, and one that gives homeowners the benefit of the doubt that shooting an intruder was justified.
'Ethen's law'
Some lawmakers have been pushing for legislation similar to the Unborn Victims of Violence Act for more than two decades. This year's new Republican majority served as the impetus to get the legislation through. Democratic Gov. Bev Perdue signed the bill in April.
In addition to crimes against the woman, prosecutors can now charge someone with causing the death of an unborn child, which can carry a sentence of life in prison without parole. A defendant can be charged also with assault if the mother gives birth after she's attacked and the child is seriously injured or born prematurely. The fetal crime can occur any time after conception, and the attacker doesn't have to know the woman is pregnant.
"I'm just so thankful that we got this bill passed," said Effie Steele, whose pregnant daughter Ebony Robinson, 21, was shot to death in 2007.
The killer is serving a life sentence for her murder.
"It took a long time in coming, but everything worth having is worth fighting for," she said.
The new law specifically states that it doesn't apply to legal abortions. "This law is about murderers and thugs, and how we're going to treat them," said Rep. Dale Folwell, R-Forsyth, the chief sponsor of the law. "If this prevents one pregnant woman from being murdered, then it will be successful."
Data collected by the state Department Health and Human Services show 26 pregnant women were victims of homicide from 2004 to 2009.
About three dozen states and the federal government already recognize an unborn child as an additional victim of crime. The measure is known also as Ethen's law in honor of the unborn son of Jennifer Nielsen, who was killed in 2007 as she delivered newspapers in Raleigh.
'Laura's law'
Another law named for a victim of crime - Lauren Fortenberry, 17, of Gaston County - also will take effect today as a way to get impaired drivers off the road.
"Laura's law" requires repeat driving-while-impaired offenders whose cases have other aggravating factors to receive one to three years in prison and face fines of as much as $10,000.
Fortenberry was killed last year when a motorist with multiple DWI offenses collided with another car.
'Run and you're done'
A law called "Run and You're Done" attempts to prevent high-speed chases on busy roads and interstates that could lead to death and injury for innocent motorists.
A car driven by a suspect charged with a felony for a police chase will be seized by the local sheriff. The vehicle will be sold if the suspect is convicted of the felony, with proceeds going to local school districts. There are exceptions to a sale, such as when a teenage suspect without a previous record uses the car of a family member.
Homeowners' rights
Gun-rights advocates praised a new law that gives citizens more legal standing to fire their lawful weapons to protect themselves from people illegally entering their homes, cars or businesses.
Shooters will be presumed exempt from criminal or civil liability because they feared they would be seriously harmed or killed by intruders. The previous law said shooters inside homes had to justify firing. Prosecutors still could attempt to persuade judges that shootings crossed the line.
Other laws
Other laws taking effect today:
Make it illegal for someone dismember a body to hide a possible crime or evidence of an unnatural death. The law was in response to the death of Zahra Baker, 10, a girl with disabilities who was dismembered. Her stepmother, Elisa Baker, pleaded guilty in September to second-degree murder and was sentenced to prison.
Require crime investigators to turn over any evidence in all felony cases, whether prosecutors have formally asked for it or not. The law is designed to ensure that defense attorneys get potential evidence from crime labs and other police sooner.
Allow judges to remove nonviolent felonies from the criminal records of first-time offenders who committed the crimes while younger than 18 if they have stayed out of trouble, with other requirements and exceptions.
Requires all felony offenders released from prison to be supervised by probation officers for nine months or a year, depending on their crimes. Such supervision has been limited to the worst offenders.
