Legislative Sentry: HB1677 - Have Miscarriage, Go to Jail?

UPDATE:  If you are visiting this link for the first time, please read this clarification and this update before contacting Delegate Cosgrove, whose office has been inundated by emails. The email deluge is a Good Thing, IMO, but only if the emails themselves are based on a full understanding of his proposed legislation.  So please read before you rant!  :-)  And thanks for caring enough to rant, to act, to inform yourselves, to get involved.  I'm in awe.

The update includes the text of the email that Delegate Cosgrove asked me to share with readers.

********

Imagine the following scenario. 

You are at home alone at 8:00 on a Friday night.  You are 8 weeks pregnant.  You are excited about the pregnancy, but being cautious, you haven’t told anyone about it yet except your partner, your best friend, your parents, and your doctor. 

All of a sudden, you begin to experience heavy cramping.  Bleeding ensues.  You realize with shock and sadness that you are probably experiencing a miscarriage.  You leave a message with your doctor’s service.  The on-call doctor calls back, offers sympathies, and advises taking pain medication or going to the hospital if the bleeding gets worse. She offers you the next available appointment for a follow-up exam - Monday at 3PM.  You accept. You are overwhelmed with grief and surprised by the intensity of physical pain involved. You call your partner and ask him to come home from his “boys night out”, sparing him the reason over the phone.  You call your best friend.  She offers to come over immediately and make you cocoa.  You cry. 

You decide not to tell your parents yet; let them sleep through the night before delivering the terrible news.  Your partner comes home and you break the sad news to him.  He holds you on the couch and you both cry together.  Your best friend comes over with cocoa.  You cry some more.  Over the next few hours, you suffer pain, cramping, and intermittent bleeding.  Exhausted, you finally fall asleep in your partner’s arms around 4 AM.  You sleep until noon, and then gird yourself for the difficult call to your parents, who were so eagerly anticipating their first grandchild.

Guess what?  You just earned yourself up to 12 months in jail and a $2,500 fine.  Why?  Because you failed to call the cops and report your miscarriage within 12 hours.

True?  Not yet.  But if Delegate John Cosgrove (R-78) has his way, HB1677 will become law in a few short months, and this scenario will be reality for many women in Virginia. 

Incredulous?  Outraged?  Read on below the jump for more information on this odious bill.

HB1677, “Report of Fetal Death by mother, penalty”

It sounds preposterous to talk about criminalizing women who suffer miscarriages, but one Virginia legislator is proposing just that.  HB1677, “Report of Fetal Death by mother, penalty” is a bill introduced by John A. Cosgrove (R) of Chesapeake.  Cosgrove’s bill requires any woman who experiences “fetal death” without a doctor’s assistance to report this to the local law-enforcement agency within twelve hours of the miscarriage.  Failure to do so is punishable as a Class 1 Misdemeanor.

Background: Reporting of Fetal Deaths

Almost all states mandate reporting of fetal deaths to vital statistics bureaus.  These statistics are then collected nationally by the CDC.  In most states, health care providers must provide statistics on fetal deaths after 20 weeks gestation (or at a certain fetal weight approximating 20 weeks gestation). Virginia is one of only 7 states, however, that mandate the reporting of deaths of all “products of conception” regardless of gestational age.  This includes both spontaneous losses of pregnancy and induced terminations of pregnancy, though the required data fields are different for abortions.

In Virginia, all losses of pregnancy must be reported by health care providers according to current law.  The reality, though, is that countless women experience spontaneous abortions in the first few gestational weeks without even being aware of pregnancy, so not all pregnancies of early gestational age are reported.  Women who experience miscarriages at home without a doctor’s care may not even think to inform their doctors, especially if the pregnancy is so early that they have not yet even sought prenatal care.  Until this bill, though, no one has suggested it was in the interest of the Commonwealth of Virginia to track down these unreported losses of "products of conception".

The Bill: text
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.

The Bill: The Most Odious Infringement on the Privacy of Virginia women...ever
Delegate Cosgrove’s bill is an outrageous attack on the privacy of Virginia women.  Consider this - there is no law mandating that a woman must report a pregnancy to the Commonwealth, or even seek medical treatment for one.  But this bill proposes that a woman report a LOSS of  a pregnancy to the Commonwealth, whatever the gestational age of the embryo/fetus.

Furthermore, this bill means that a woman who experiences a spontaneous loss of pregnancy will have her privacy violated significantly more than if she had chosen an abortion.  Though Virginia requires that induced terminations of pregnancy be reported, those reporting forms require only a “patient number” and information on the procedure.  The “report of fetal death” asks for the woman’s full name, her history of prenatal care, her marital status, her education history, her previous deliveries (if any), and a number of other very intrusive data items.

If the miscarriage occurred under a physician’s care, all of this information would be provided by the physician out of the patient’s medical records.  Physicians and/or funeral directors are given 24 hours to file this report.  Delegate Cosgrove’s bill gives women who experience miscarriage without a doctor only 12 hours to report, adding insult to injury.

Practical concerns: an affront to decency

Returning to our original scenario, let’s imagine that this bill becomes law.  Will the average woman in Virginia who experiences spontaneous loss of pregnancy at home know that she is risking a year in jail if she doesn't report it?  (The practical considerations for publicizing such a law are enormous - a Class 1 misdemeanor is a serious crime in Virginia - will the health department create TV ads to inform women of this new law?) 

But let’s assume, against all probability, that you are aware that there is a law requiring you to report it.

At what point during your first 12 hours of grief at the loss of this pregnancy do you make time to call the cops to report it?   Let’s say you finally pull yourself together after your partner and best friend arrive to comfort you.  You pick up the phone at midnight and call your local police non-emergency number.  What do you say?  “Hello?  Um.  I’d like to report that I just had a miscarriage?”

What then?  Does the officer on the other end of the phone have a Commonwealth of Virginia Report of Fetal Death form right in front of him or her?  Does a squad car with flashing lights arrive at your house to investigate?  Is the officer who responds trained to handle your case compassionately and kindly?  Let's consider what information you would be required to provide when you comply with the law.

What’s in the Commonwealth of Virginia Report of Fetal Death?

Virginia Board of Health regulations specify the required information on the Commonwealth of Virginia Report of Fetal Death.  Delegate Cosgrove's bill provides for no modification of this form when women report fetal deaths themselves.

The report requires the following items for spontaneous fetal deaths:

• place of occurrence
  
• usual residence of patient  (mother)
  
• full maiden name of patient
  
• medical record number and social security number of patient
  
• Hispanic origin, if any, and race of patient
  
• age of patient
  
• education of patient
  
• sex of fetus
  
• patient married  to father
  
• previous deliveries to patient
  
• single or plural delivery  and order of plural delivery
  
• date of delivery
  
• date of last normal  menses and physician's estimate of gestation
  
• weight of fetus in grams
  
• month of pregnancy care began (sic)
  
• number of prenatal visits
  
• when fetus died
  
• congenital malformations, if any
  
• events of labor and delivery
  
• medical history for this pregnancy
  
• other history for this pregnancy
  
• obstetric procedures and method of delivery
  
• autopsy
  
• medical certification  f cause of spontaneous fetal death
  
• signature of attending physician or medical examiner including title, address and date signed
  method of disposal of fetus
  
• signature and address of funeral director or hospital representative
  
• date received by registrar
  
• registrar's signature
  
• registration area and report numbers.

Remember, Virginia defines "fetal death" regardless of gestational age, and requires reporting of deaths of all "products of conception".  At early gestational age of pregnancy, how are you supposed to get some of this information?  Are you supposed to find a kitchen scale and weigh the “products of conception” so you can get a report in grams? 

I know this is quite ghastly for me to suggest, but these are the practical considerations that occur to me as a woman when I think about the actual implementation of such a bill.  Delegate Cosgrove’s bill does not change the data elements required when a woman reports a fetal death herself, so the police officer  in charge of taking the report would have to ask these questions.  I assume that the officer would be understanding if a woman says "I have no idea" for some of the questions, but the ordeal of having to even consider answering some of these - such as guessing the sex of the "products of conception" is nothing short of barbaric. 

Of course I'm assuming that this would all happen over the phone.  But what if some police departments in Virginia decided that the report would have to be taken in person?  Would a squad car then appear in front of the woman’s home?  She’d then have to face the curious stares and questions of her neighbors, yet another gross violation of privacy.  Would she be required to produce the “products of conception” for the police officer’s inspection?  Again, I know this is gory, but I’ve been present when a friend miscarried in early pregnancy.   I know what early “products of conception” may look like.  And I am outraged that some man in Chesapeake would come along and try to pass a law that says I or any other Virginia woman who experiences miscarriage at home might have to weigh them so I can include this information in the report in the first 12 hours after miscarriage or face a year in jail.

Does the punishment fit the “crime”?
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.”

In what way would the Commonwealth of Virginia benefit from this bill?
I have no idea.  Most other states don't even bother collecting data for spontaneous loss of pregnancy before 20 weeks gestation.  The CDC does not process this data along with other state data on fetal death.  The health care providers I have spoken to see no benefit, since reporting the loss of products of conception to law enforcement authorities provides no benefit to medical science.

Three days ago, I wrote what I consider to be a restrained and respectful email to Delegate Cosgrove asking for his rationale on the necessity of this bill.  I have not yet heard a response from him or his office. 

What I have learned, through initial research, is that the legislative agenda of numerous anti-abortion groups includes increased reporting of fetal deaths and issuance of death certificates for miscarriages.  The point is to advance the legal recognition of "personhood" for all "products of conception".

In the 2003 legislative session in Virginia, a law was passed allowing parents to request a “birth certificate” for a stillbirth, a law that is clearly in line with the agenda of anti-abortion extremists to recognize embryonic and fetal personhood.  The fact that Virginia is one of the few states that requires reporting of deaths of all “products of conception” regardless of gestational age plays in to this anti-abortion agenda. 

Though there is no practical benefit to the Commonwealth in collecting this information from women - in fact, there would be considerable burden placed on local law enforcement agencies.  This bill places the advancement of the cause of recognizing legal "personhood" for all products of conception far above the concerns of the Commonwealth and of the dignity of individual women whose privacy would be violated.

If you find this bill as offensive as I do, what can you do now?  A few ideas...

• If you live in Virginia, join me in asking Delegate Cosgrove how his bill will benefit the people of the Commonwealth.
• If you live in Virginia, write to your Delegate and State Senator to express your views on this bill and demand that they oppose it.
  
• Contact the Democratic candidates for Lieutenant Governor in Virginia and let them know that you will expect them to oppose this bill and will consider this in your voting decision in the primary.
  
• If you participate in online communities for women, please spread the word about this bill.  I believe that most women, regardless of position on the issue of reproductive freedom, will be offended by this bill.  I know many avowedly pro-life women who have experienced miscarriages and who would be horrified by the intrusion of the state in the first 12 hours following this tragedy.  This is a perfect opportunity to reach out to a "netroots" beyond the Democratic netroots -- there are many online support groups for mothers, women who have experienced miscarriages, women experiencing fertility problems, etc, that may be appropriate to contact about this bill.  I welcome any ideas you have about how we can spread the word.
  
• No one ran against John Cosgrove in the 78th District in 2003.  If you live in or near this district, please try to find someone to stand against him this year!
  
• If you live in Virginia and want to keep watch over bills in this legislative session, please join the Democracy for Virginia Legislative Sentry email list.  This listserv was created this week to serve as a tool for collecting and disseminating information on bills for the upcoming Virginia legislative session.  HB1677 is only one of dozens of very dangerous bills, and progressive activists in Virginia must get the word out about this proposed legislation among allied grassroots groups, organizations, and like-minded citizens.  If you want to keep watch along with other volunteer "sentries", please sign up!

Since the 100-member Virginia House of Delegates is dominated by over 60 Republicans, it will take a wide public awareness campaign to defeat this bill.  It has become too easy for the Republicans in the Virginia legislature to sneak through bills like this one, and the most potent weapon available for defeating this bill is awareness. Only a widespread public condemnation of this bill will stop it from becoming the law of the Commonwealth.

Comments

[Anonymous]

Because of my menstrual cycle, with my first child, I didn't even know I was pregnant until after week 8.

This law would have made it a crime for me to have miscarried while thinking it was just a late, heavy period!

Are they going to start requiring women to menstruate into a bucket, so they can prove that there were no "products of conception" each month?

[Leslie]

Dealing with my (now)ex-mother-in-law while going through mine was horrible enough, and I never was quite able to bring myself to tell most of my family and friends that I'd not only been pregnant but lost my child. I can't even imagine having to call the police to tell THEM.

[Monica Smith]

Suggested revision of certain phrases.

experiencing a miscarriage==fetus is being aborted

physical pain involved==physical pain racking your abdomen

your miscarriage==the spontaneous abortion

this scenario==criminalization of an act of nature

criminalizing women who suffer miscarriage==criminalizing an act of nature

"fetal death"==spontaneous abortion (do not repeat the loaded verbiage, remember framing)

twelve hours of the miscarriage==twelve hours of the event

fetal deaths (do not use this verbiage)

deaths of all “products of conception” ==spontaneous ejection of products of conception

losses of pregnancy==involuntary termination of pregnancy

so not all pregnancies of early gestational age are reported.==so they obviously can't report it

experience miscarriages at home without a doctor's care==expell fetal tissue spontaneously

Bill text is nonsense
It is trying to legalize definitions (fetal death) for which there is no basis in fact.
It implies an obligation to seek something (medical attendance) that will not be provided. A spontaneous ejection of fetal tissue is not a "delivery" and law-enforcement agencies have no capacity to deal with such matters.

bill is an outrageous attack on the privacy of Virginia women==is an example of gross ignorance and an indictment of our system of education. (eliminate the rest of paragraph, don't try to argue facts. Ditto for the next paragraphs. It serves no purpose to dignify such idiocy with argument)

Commonwealth of Virginia Report of Fetal Death?==Looks like an opportunity to point out what stupidity the earlier statute has spawned)
Perhaps make this into a separate column.

[Corinne]

Maura, thanks so much for doing this. I had no idea that Cosgrove had sponsored such a horrible bill so I also appreciate the other links you provide.

I'll have to contact my delegate about this.

[Maia]

This is completely strange and awful. I can't believe it!

Are you sure there aren't any liability law reasons for this legislation? Like maybe "health" related something or other? It seems too blatantly an invasion of privacy to me.

[LHfromSeattle]

Wow, where to start with pointing out what's wrong with this bill! From a medical point of view, the bill is ridiculous. (I'm not in Virginia, but saw a link on the DFA Blog and came here.)

I'm a family-practice nurse practioner, and provide GYN/OB care for women. "Miscarriages" happen in 30% to 50% of all first trimester (up to week 12 LMP) pregnancies. This is a natural happening and there is absolutely nothing modern medicine can do to stop. The spont Abos are most likely due to genetic problems "not compatible with life" as we say in medical terms.

Medically speaking, there are spontaneous abortions which may be "complete" or "missed". There's also "threatened," but never mind that now. "Missed" or "complete" status often cannot be definitely determined in 24 hrs.

I'm getting weary just thinking everything else that's scientifically wrong about this proposed bill. Not to mention the incredible invasion of privacy.

In framing terms, this proposed bill is "Big Government" telling us what to do with our personal lives. It would also be very expensive. And it's Government getting its hands on your medical record.

How about responding back with "Keep Govt's nose out of our private medical business" or "No big-money intrusive Government policies" or "Keep government paperwork out of our private grief" or similar?

Best of luck with defeating this right-wing scary nutcase.

[Diana in northern VA]

Maura, thank you for this very well-written piece, although I think Monica's comments are probably quite pertinent and should be incorporated.

Thank you for taking action on this! Years ago when I was on the board of Virginia NARAL we would go to Richmond on lobby day in February to testify against parental notification laws, etc. This latest assault is VERY reminiscent of Nicolas Ceaucescu's Romania, a country that did in fact have "menstruation police" that knocked on women's doors and questioned them. Ugh! This has got to be stopped!

[Maia]

This is completely strange and awful. I can't believe it!

Are you sure there aren't any liability law reasons for this legislation? Like maybe "health" related something or other? It seems too blatantly an invasion of privacy to me.

[Maura in VA]

Thank you so much for those of you who have commented here. I have also received numerous emails from women who have experienced miscarriages at home and are horrified by the idea that they'd have to call the local police to report this within 12 hours.

If you have a personal story about how this proposed law would have impacted you, please share it here in the comments (if you feel comfortable doing so). It will help very much for those of you who have experienced situations related to this proposed law to share your perspective.

[Medley]

Maura -- Good job. Thanks for posting this. Steam is still coming out of my ears. Glad you're back!

[bj]

why?

can your next entry tell us why anyone would come up with something so bizarre? I'm presuming some hidden agenda, and a total lack of knowledge of the bodies of women, but, still?

bj

[Maura in VA]

Hi, bj,

I have been trying to come up with this answer myself, and I'm still waiting to hear back from Del. Cosgrove in response to the email I sent to him asking for his rationale.

I cross-posted this entry to DailyKos.com today, and it has generated a great deal of discussion over there. It turns out that, late this evening, Del. Cosgrove wrote an email to one of the DailyKos commenters about an email she sent him today. Here is what he said was his reason:

"This bill, which was requested by the Chesapeake Police Department, is an attempt to reduce the number of "trashcan" babies that are born and then abandoned in trashcans, toilets, or elsewhere to die from exposure or worse. There are numerous examples of these tragic deaths in Virginia, many in Northern Virginia and also in Hampton Roads. Once the body of a child is found, if the death of that child is undetermined by a coroner, the person abandoning that child can only be charged with "the improper disposal of a human body".

That is the intent of the bill."

I would like to believe this is true, but the fact is the text of the bill has NOTHING to do with abandonment of infants, dead or otherwise. The code of Virginia specifically defines "fetal death" as the death of "products of conception regardless of duration of pregnancy"...and that means it can and would apply to all miscarriages that women experience at home.

In addition, there are already laws on the books in Virginia that address abandonment of infants. So this rationale doesn't fly with me, but I'm going to make another attempt to contact Del. Cosgrove directly, pointing out the problems with the bill, and seeing what he says. If he truly is concerned with infant abandonment, he'd withdraw this bill and write another one that would not criminalize a woman who suffers a miscarriage alone.

[Maura in VA]

Click my name to read the related discussion on DailyKos if you're interested.

[Lucy]

I just sent this to Delegate Cosgrove:
_________________________________________________

I am an Australian mother of a two year old boy. I have read of the above bill and would like to point out to you that this is a grossly unfair, cruel and horrid proposal. Last November I lost a very much wanted and planned baby at 7 weeks. There is no way I could possibly have gotten myself together enough to report it to the authorities, let along give the baby's weight in grams. A miscarried baby at 7 weeks can't be weighed, unless you get a seive out and scooped blood from a toilet. At 7 weeks a miscarried baby looks like blood clots.

I suggest you read the attached article. http://democracyforvirginia.typepad.com/democracy_for_virginia/2005/01/legislative_sen.html

The campaign against HB 1677 is spreading and will grow. I am about to post the attached article on my mother's website which has 40,000 active members. I will also supply your email address. I'm sure you'll be hearing from many women. I understand that you may simply be interested from a statistic/maternal care point of view, but I suspect it is more of a Right to Life campaign. Which is fine - I'm pro life mysef. But you are really, really going the wrong way about it.

Yours sincerely,

[j swift]

Welcome one and all to the Theocratic Republic of the United States courtesy of the Bush Mandate.

[Liz]

I was born and raised in Virginia, although I don't live there now. I had a miscarriage 16 years ago and still consider it one of the worst experiences of my life.

This makes no sense to me -- what does an early miscarriage have to do with an abandoned fetus/baby? My miscarriage happened at 7 weeks, but I bled for a solid three weeks before it was over. It was too early for a heartbeat so there was no way to detect the time of termination. How do they determine 12 hours after the miscarriage occurs? How do they determine the weight of three weeks of bleeding and clots? The whole deal went down the toilet and nobody wanted to fish it out.

I've also had numerous late, heavy periods while trying to conceive, which may or may not have been early miscarriages/chemical pregnancies. How do you report those?

I feel sorry for the police officers that have to take these reports. My own husband, who is a health care professional, was squicked out by the whole ordeal.

Liz

[Karen]

I am spreading the word in Illinois. Hey, at the very least we can threaten to financially support his opponent in the next election. Which is what I have done.

[Debbie]

I looked this bill up and this is what I got...

Bill Status of HB1677 93rd General Assembly

--------------------------------------------------------------------------------

Full Text Votes View All Actions Printer-Friendly Version

Short Description: ELECTIONS-TECH

House Sponsors
Rep. Tom Cross

Senate Sponsors
(Sen. Dale A. Righter )

[Maura in VA]

Hi, Debbie,

Perhaps that is for a prior General Assembly session? You can look up all bills for the 2005 session here:

http://leg1.state.va.us/051/bil.htm

HB1677 during this session is definitely about fetal death reporting.

[Maura in VA]

Hi, Debbie,

Perhaps that is for a prior General Assembly session? You can look up all bills for the 2005 session here:

http://leg1.state.va.us/051/bil.htm

HB1677 during this session is definitely about fetal death reporting.

[expat]

To even suggest that this has anything to do with abandoned babies is just ludicrous, when the legislation specifically states "regardless of gestational age".

Can you imagine the conversation with the cop?

"um, yes, hello, I think I might be having a miscarriage...well, my period's two days late, and I had a positive test yesterday, but now I've started bleeding...well, the doctor says to rest, that I can have a blood test next week to see what's happenned...well, I need to call you NOW, just in case, you see...no, I can't wait until we're sure if it's over, or if it's OK - I don't want to go to jail". And if it turned out OK, would you get charged with filing a false report?

And what happens with a threatened miscarriage - do you have to ring the cops every twelve hours to keep them updated? "yes, more clots...no, next beta isn't until Wednesday...no, too early for a scan...OK, speak to you tonight, Joe"

It's just STUPID, and that's before you get to the cruelty and invasion of privacy.

[KJ]

What next? Will we have to report EVERY month a "POTENTIAL fetal death" when we menstruate???

I came of age in Virginia - Thank god my miscarriage was in Wisconsin.
During my second pregnancy, we found out my husband has a genetic anomaly that will cause a miscarriage 3 in 6 times, a normal child 1 in 6, a carrier of the same anomaly 1 in 6, and a heartrendingly disabled, barely alive infant in agonizing pain, that would never leave the hospital and would die in less than a year.
So, a 50% chance of miscarriage - above and beyond the NORMAL chances of miscarriage. That is a hell of a lot of paperwork.
Our daughter is a carrier and will face the same odds should she choose to attempt pregnancy. I will advise her never to even visit Virginia if she suspects she might be pregnant.

Which raises another point. What if a woman is a visitor to this tourist-loving state? Will they need to post large bill boards at every highway entrance and airport advising women of the law???

[Melissa]

While I am certainly upset about this bill I am also fairly shocked that (according to your posting) in Virginia my DOCTOR is required by law to report my name, social security number and other extremely personal data if I go to him or her for care during or after a miscarriage. Not the father's name, however, huh?

If I read the above posting correctly HB 1677 is simply an extension of an already gross violation of the privacy of the women of Virginia. Fighting this is a start, but I'd also be interested in an effort to forbid the state from collecting personal identifying information from all women who miscarry, such as their names and Social Security numbers. The implications are chilling. Do you have information on the law that requires the doctor to supply the information to the health authorities?

[jri]

What I think that this is is a way to expose the women who use RU 486 to terminate a pregnancy.

-

[Cricket]

Here's my letter. I sent it to Cosgrove, plus the Senator/Delegate I currently have as well as the ones for the area I lived in for 10 yrs.

Delegate Cosgrove,
I am a long time Virginia resident. I do not live in Chesapeake, but I lived near there for 10 years in XXX. I've now been in Northern Virginia for 7 years. Around for a while now, I have a very good understanding about the duality of opinions and people in Virginia, so do not discount me as a true Virginian even though I live in the Metro DC area.

I am afraid. What you are proposing in HB1677 is not only wrong, it is morally unconscionable. I question your motivation for invading a grieving woman's privacy.

If your stated purpose is reducing the number of abandoned infants, could you tell me how does this relates to miscarriages? Have you seen a statistic relating abandonment and miscarriage? Do you equate miscarriage somehow to being maternal abandonment?

Please look at this by the numbers.

How many infants are abandoned in VA each year? I can't imagine there are a lot. I've lived in Virginia for a long time and it has not been a pervasive theme.

How many social services and/or law enforcement dollars go toward it? Again, I don't think the rate stretches either budget.

How many miscarriages occur annually in Virginia? This is a significant number, estimates say upwards of 50% of all pregnancies. I guess that would be twice the current birthrate of Virginia, with only something like 5% of those happening after the first trimester, with those falling under pre-existing laws. That leaves 95% of Virginia's miscarriages subject to your new bill.

How much would interviewing each miscarrying woman, getting her private medical history, and handling her products of conception cost? How much would it cost to research, hunt down, and nab the non-reporters? How would you treat serial miscarriers? Would they be eligible for repeat offender status? How would divulging and desseminating this information affect her insurance and employment possibilities? You have to see where I'm going. This balloons into the ridiculous. This would be an enforcement nightmare. The costs the Commonwealth's budget, manpower, and citizen's autonomy would be astronomical.

I could not support my tax dollars going toward this effort.

Please reconsider.

Most sincerely,
Cricket