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Colo. lawmakers plan new bill after no murder charge in case of fetus cut from womb

DENVER - Colorado lawmakers unhappy that the woman suspected of cutting an unborn baby from her pregnant mother's belly will not face murder charges announced Friday that they plan introduce a fetal homicide bill.

Dynel Lane, 34, will face several charges, including attempted murder and first-degree unlawful termination of pregnancy, reports CBS Denver.

Lane lured Michelle Wilkins, 26, to her Longmont home March 18 with an ad on Craigslist selling baby clothes, investigators say. Once inside, Lane stabbed Wilkins and removed the child, police say. Wilkins, who was about eight months pregnant, survived and left the hospital Wednesday - the unborn baby girl was killed.

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Dynel Lane CBS Denver

The gruesome attack renewed the nationwide debate over when a fetus can legally be considered a human being and whether murder charges should be brought in the violent deaths of unborn children. Legal experts say the case is complicated by the fact that Colorado is one of 12 states that do not have a fetal homicide law.

Senate President Bill Cadman announced Friday that legislation to extend legal protections to unborn children is being drafted.

Another California lawmaker, Rep. Gordon Klingenschmitt, R-Colorado Springs, is coming under fire for controversial comments he made about the attack, reports CBS Denver. Klingenschmitt reportedly said the attack is punishment for legalized abortion.

"This is the curse of God upon America for our sin of not protecting innocent children in the womb," Klingenschmitt reportedly said on his daily TV show.

Fellow Republican lawmakers, including House Assistant Minority Leader Polly Lawrence, reportedly said his comments were appalling.

The coroner reportedly found no evidence that the baby showed signs of life outside the womb. No evidence of trauma or injuries were found on the body of the 34-week gestation female, an autopsy found, reports CBS Denver.

State lawmakers in 2013 voted down a fetal homicide measure over fears it would interfere with abortion rights, and voters overwhelmingly agreed when they rejected a similar ballot measure in 2014.

Legal experts say a person can still be charged with homicide for an unborn child's death under existing Colorado law if the baby was alive outside the mother's body and the act that led to the death also occurred there.

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