Monday, October 6, 2014

Amendment 67 – Change Criminal Code’s Definition of Person and Child

After Personhood Colorado’s Amendment 48 in 2008 and Amendment 62 in 2010 were soundly defeated, the organization is trying different ballot wording though the goal remains the same: outlaw abortion and certain forms of birth control by requiring that “person” and “child” in the criminal code and in state wrongful death statutes include “unborn human beings.”

This year the campaign is being called A Voice for Brady, after the named unborn child of Heather Surovik. (The Brady Campaign to Prevent Gun Violence is a national organization and NOT related to the pro-67 campaign.) Surovik was 8 months pregnant in 2012 when her unborn child was killed by a drunk driver.

In an interview with former presidential candidate Mike Huckabee available on the pro-67 website, Surovik said that 38 states have a fetal homicide law similar to Amendment 67. What Surovik failed to mention is that Colorado is one of those 38 states according to the bipartisan National Conference of State Legislatures http://www.ncsl.org/research/health/fetal-homicide-state-laws.aspx
Both House Bill 13-1154, which changed the Colorado Revised Statutes, Title 18, Article 3.5 Offenses Against Pregnant Women, and House Bill 14-1388 – Civil Remedy for Unlawful Termination of Pregnancy Act – were signed into law since Surovik’s car crash.

This amendment would add a Section 17 to Article XVIII to the Colorado Constitution with the majority of the relevant content referencing a 2009 court ruling which notes “no definition of ‘person’ or ‘child’” in the criminal code and the comment that “This is an area that cries out for new legislation.” In addition to the legal changes that would occur with the passage of Amendment 67, one could ask whether this court history and editorializing are appropriate in our constitution.

Recommendation: NO

This amendment to our already over-bloated constitution doesn’t specifically mention abortion and birth control, but they are the elephants in the room. This amendment’s actual purpose is to prohibit abortions and restrict birth control options. The language could even allow miscarriages to be subject to criminal investigations. Medical personnel as well as pregnant women could be criminally charged.


Websites for the Yes side (Personhood Colorado)
http://avoiceforbrady.com/
http://www.personhoodusa.com/campaigns/colorado-brady-amendment-67/

Website for the No side (No on Personhood)
http://voteno67.com/


Approved Ballot Language

Amendment 67 (CONSTITUTIONAL)
Shall there be an amendment to the Colorado constitution protecting pregnant women and unborn children by defining "person" and "child" in the Colorado criminal code and the Colorado wrongful death act to include unborn human beings?
- YES/FOR
- NO/AGAINST


See the text of the measure, as filed with the Secretary of State, to add Section 17 to Article XVIII of the Colorado Constitution:
http://www.sos.state.co.us/pubs/elections/Initiatives/titleBoard/filings/2013-2014/5Final.pdf

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