Well, this is a nasty piece of work that Delegate John A. Cosgrove (R) of Chesapeake is trying to enact into law over in the Virginia legislature.
When a fetal death occurs without medical attendance, it shall be the woman's responsibility to report the death to the law-enforcement agency in the jurisdiction of which the delivery occurs within 12 hours after the delivery. A violation of this section shall be punishable as a Class 1 misdemeanor.
As Democracy for Virginia graphically points out, this means if you live in Virginia and suffer a miscarriage, you're a criminal if you don't call the police to report that fact within the first 12 hours afterwards.
Adding insult to injury, as D4V puts it,
Suffering a miscarriage is no crime, but Delegate Cosgrove wants to make it a crime for a woman to fail to violate her own privacy in the first 12 hours after a miscarriage, so let’s look at his proposed penalty.
Cosgrove's bill says, "A violation of this section shall be punishable as a Class 1 misdemeanor."
Let's see. What other crimes are punishable as Class 1 misdemeanors in Virginia? A cursory Google search reveals just a few...
- A person 18 years of age or older engaging in consensual intercourse with a child 15 or older not his spouse, child or grandchild (more commonly known as "statutory rape")
- burning or destroying a building or structure if the property therein is valued at less than $200 (arson)
- a bomb threat made by someone younger than 15
- carrying a concealed weapon while under the influence of drugs or alcohol
- possession or distribution of fraudulent drivers’ licenses or official identification
- stalking
- threatening any public school employee while on a school bus, on school property, or at a school-sponsored activity
- purchasing or providing alcohol to minors
So, Delegate Cosgrove is basically saying that failing to violate your own privacy within 12 hours of a miscarriage is the criminal equivalent of statutory rape, arson, stalking, and other serious crimes.
The authorized punishments for convictions for a Class 1 misdemeanor in Virginia are "confinement in jail for not more than 12 months and a fine of not more than $2500, either or both."
If a state thinks it would be useful to have some sort of collection mechanism to gather information about miscarriages and abortions rates, I don't object to that basic concept. But this isn't the way to do it. It's a sledgehammer of a law, amazingly insensitive and far too intrusive. That 12 hour reporting window is ridiculous, and the amount of data they're asking for (again, see D4V's rundown for details) is too much. And the punishment does not even remotely fit the 'crime'.
In today's Republican America, though, it's just par for the course.
UPDATE: The bill was later withdrawn. Score one for the good fight.