HB 666

            
2020 SESSION

20100663D

HOUSE BILL NO. 666


Offered January 8, 2020


Prefiled January 6, 2020

A BILL to amend and reenact � 32.1-249 of the Code of 
 Virginia, relating to vital records; definitions.
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Patron-- Mullin

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Referred to Committee on Health, Welfare and Institutions

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Be it enacted by the General Assembly of Virginia:
 
 
1. That � 32.1-249 of the Code of Virginia is amended and 
 reenacted as follows:
 
 
� 32.1-249. Definitions.
 
 
As used in this chapter:
 
 
1. "Dead 
 body" means a human body or such parts of such human body, in any state of decomposition, 
 from the condition of which it reasonably may be concluded that death recently occurred.
 
 
2. "Fetal 
 death" means death prior to the complete expulsion or extraction from its 
 mother of a product of human conception, regardless of the duration of 
 pregnancy; death is indicated by the fact that after such expulsion or 
 extraction the fetus does not breathe or show any other evidence of life such 
 as beating of the heart, pulsation of the umbilical cord, or definite movement 
 of voluntary muscles.
 
 
a. "Induced termination of pregnancy" means the 
 intentional interruption of pregnancy with the intention to produce other than 
 a live-born infant or to remove a dead fetus and which does not result in a 
 live birth.
 
 
b. "Spontaneous fetal death" means the expulsion or 
 extraction of a product of human conception resulting in other than a live 
 birth and which is not an induced termination of pregnancy.
 
 
3. "File" 
 means the presentation of a vital record provided for in this chapter for 
 registration by the Department.
 
 
4. "Final 
 disposition" means the burial, interment, cremation, removal from the 
 Commonwealth or other authorized disposition of a dead body or fetus.
 
 
5. "Institution" 
 means any establishment, public or private, which provides inpatient medical, 
 surgical, or diagnostic care or treatment, or nursing, custodial or domiciliary 
 care, or to which persons are committed by law.
 
 
6. "Live 
 birth" means the complete or substantial expulsion or extraction from its 
 mother of a product of human conception, irrespective of the duration of 
 pregnancy, which, after such expulsion or extraction, breathes or shows any 
 other evidence of life such as beating of the heart, pulsation of the umbilical 
 cord, or definite movement of voluntary muscles, whether or not the umbilical 
 cord has been cut or the placenta is attached.
 
 
"Substantial expulsion or extraction" means, in the 
 case of a headfirst presentation, the infants entire head is outside the body 
 of the mother or, in the case of a breech delivery, when any part of the 
 infants trunk past the navel is outside the body of the mother.
 
 
7. "Physician" 
 means a person authorized or licensed to practice medicine or osteopathy in 
 this Commonwealth.
 
 
8. "Registration" 
 means the acceptance by the Department and the incorporation of vital records 
 as provided for in this chapter into its official records.
 
 
9. "System 
 of vital records" means the registration, collection, preservation, 
 amendment, and certification of vital records; the collection of other reports 
 required by this chapter; and related activities.
 
 
10. "Vital 
 records" means certificates or reports of births, deaths, fetal deaths, 
 adoptions, marriages, divorces or annulments and amendment data related 
 thereto.
 
 
2. That the provisions of this act may result in a net 
 increase in periods of imprisonment or commitment. Pursuant to � 30-19.1:4 of 
 the Code of Virginia, the estimated amount of the necessary appropriation cannot 
 be determined for periods of imprisonment in state adult correctional 
 facilities; therefore, Chapter 854 of the Acts of Assembly of 2019 requires the 
 Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of 
 $50,000. Pursuant to � 30-19.1:4 of the Code of Virginia, the estimated amount 
 of the necessary appropriation cannot be determined for periods of commitment 
 to the custody of the Department of Juvenile Justice.