State lawmakers backing bill to close loophole exposed in baby's death

The recent death of a newborn in Campbell County has prompted lawmakers to begin drafting legislation to close a loophole in state law that prevents the infant’s mother from being charged.

The bill would make it illegal to take the life of a born child despite the baby’s physical attachment to the mother, said Sen. Steve Newman, R-Lynchburg, on Wednesday.

Current law calls for three requirements before the state can bring charges against someone in the death of an infant: the child must have been born alive and have had an independent and separate existence from the mother, and the accused must be the criminal agent that caused the infant’s death.

In the Campbell County case, the mother and baby still were connected by the umbilical cord and placenta, investigators have said. Current state law does not consider the baby to be a separate life, so the mother cannot be charged.

“We are trying to come up with a different definition of separate and independent,” said Newman, who is leading legislative efforts to draft the bill.

Deputies were called to the 1200 block of Lone Jack Road in Rustburg about 11 a.m. Friday. When they arrived, they found a dead baby that had been born some 10 hours earlier. The infant was full-term and had been born healthy, according to the medical examiner.
Investigators said the baby was under bedding and had been suffocated.

“The entire law enforcement community in Campbell County has been affected by this case,” said Sheriff Terry Gaddy in a news release on Wednesday. “Our office is dedicated to upholding the laws of the Commonwealth; however, in this case the law is severely flawed and let our people down.”

Newman said the Division of Legislative Services has started drafting a bill to close the loophole.

“The facts of this case are so shocking it’s a jolt to the conscience that requires the commonwealth to fix the law,” Newman said.

There are only five states that do not have such a loophole, Newman said.

Attorney General-elect Ken Cuccinelli has agreed to lend support for the bill. Newman has also enlisted the help of Dels. Kathy Byron, R-Campbell, and Ben Cline, R-Rockbridge. Sen. Robert Hurt, R-Pittsylvania, has agreed to co-sponsor the Senate legislation.

Governor-elect Bob McDonnell said he would sign the bill into law. McDonnell said that if the General Assembly wants to put an emergency clause on the bill to get it passed immediately, he will sign it right away.

Campbell County Commonwealth’s Attorney Neil Vener has consulted with legislative services about language in the proposed bill.

“If there ever was a case that underlines the need to change this law, it is this one,” he said in a news release.

Newman is trying to find a way to leave the statute in place, but amend the second part to allow authorities to bring charges against a mother in similar cases in the future.

“It is difficult to believe that the current code could have such a flaw that would allow anyone to take the life of a born child,” Newman said.

“As a father my heart goes out to the family in this case,” Newman said.

“No amount of legislation will bring this child back. My thoughts and prayers are with them.”

WSLS-10 contributed to this story.