'Personhood,' ultrasound bills advance in House

Delegates racing to meet today's crossover deadline granted preliminary approval Monday to a slew of contentious bills that would, among other things, define life as beginning at conception, require an ultrasound before an abortion and expand eligibility for the death penalty.

On a voice vote following debate, the chamber advanced House Bill 1, sponsored by anti-abortion Del. Robert G. Marshall, R-Prince William, which would impart the rights of "personhood" to a human embryo at the moment of conception.

Democrats argued that the measure would effectively make it illegal to terminate a pregnancy or even allow women to use contraception that prevents the implantation of a fertilized egg.

"The way that this bill is written is so broad that we're one step closer if we pass this to overruling Roe v. Wade and having a challenge," said Del. Charniele L. Herring, D-Alexandria. "It has implications of the right to privacy and on birth control. So let us not fool ourselves — this is opening the door and it's very serious business."

Marshall contends that the bill merely creates a civil cause of action for the wrongful death of an unborn child, a legal remedy for parents whose unborn child is killed by the negligent or criminal act of a third party.

But he concedes that it could be one step toward outlawing abortion outright if Roe v. Wade is overturned.

The ultrasound measure, House Bill 462, is also slated for a final vote today after it advanced without a last-minute amendment offered by Del. David L. Englin, D-Alexandria, to require a woman's consent before undergoing a vaginal ultrasound.

"Most of us, when we think about an ultrasound, we think about what people refer to as the jelly on the belly ultrasound," Englin said.

The bill does not specify which type of ultrasound is required. Englin said a vaginal ultrasound sometimes is used early in pregnancy.

Del. Kathy J. Byron, R-Campbell, who sponsored the bill, urged rejection of the amendment.

"If we want to talk about invasiveness, there's nothing more invasive than the procedure that she is about to have," she said.

Under the bill, a woman is given the choice to view and receive a printed copy of the ultrasound image. A similar bill already passed the Senate this session, and Gov. Bob McDonnell has indicated his support for the measure.

House Bill 389, sponsored by Del. C. Todd Gilbert, R-Shenandoah, would redefine the state's "triggerman rule" by making accessories and principals in the second degree eligible for capital punishment if they are determined to have the same intent to kill as the actual killer.

Currently, participants in the second degree can only be deemed death-penalty eligible in cases of murder for hire, terrorism or organized crime. Gilbert called the existing rule an "unnecessary restriction," declaring, "This rule has had its time. It's time to repeal it.

Del. Joseph D. Morrissey, D-Henrico, argues that the bill would likely result in more people being wrongfully convicted of capital murder.

"We do get it wrong," he said. "You can never go back and measure intent, and there will be more mistakes if we pass this."

Added Morrissey: "This bill allows someone to be executed even if they're not at the scene of the murder."

Gilbert countered that Osama bin Laden was nowhere near the World Trade Center on Sept. 11, 2001, but everyone understood he was responsible for the terrorist attacks.

A similar measure died in the Senate after failing to advance out of the Senate Courts of Justice Committee on a 7-7 party-line vote.

Gilbert's bill, which advanced to final reading Monday on a voice vote, would need to clear the same committee to become law.

Attorney General Ken Cuccinelli, a Republican, opposes the legislation.

House legislation to require citizenship checks of everyone arrested in Virginia is also likely Senate-bound after preliminary approval Monday.

House Bill 1060, sponsored by Del. Richard L. Anderson, R-Prince William, would instruct law enforcement officers to make citizenship inquiries of everyone arrested for any offense.

It also requires officers finding "probable cause" to believe that the person is not legally present in the U.S. to inform the judicial officer who would decide whether to grant bail.

Democrats and some law enforcement officials object to the measure, saying it could lead to racial profiling and become an unwanted and potentially costly burden for police departments.

"The effect is that it would break up families," said Del. Patrick A. Hope, D-Arlington, calling it "mean-spirited" and an "unfunded mandate on localities."

Republicans note that the legislation would apply equally to everyone, and only to those who are accused of committing crimes.

Del. Jackson H. Miller, R-Manassas, said he could not understand Democrats' opposition to something designed to deport criminal illegal immigrants.

"These people do not belong here in the first place," he said.