Postpartum Defense Introduced in Texas House

DALLAS (AP) _ Under a bill proposed in the Legislature, Texas would become the first state to have an infanticide law.

Democratic state representative Jessica Farrar of Houston filed the bill this month that would allow postpartum mental disorder to be used as a legal defense for women who kill their children.

The Dallas Morning News reports the measure would apply to women who commit the crime within a year of giving birth.

If jurors find a mother guilty of murder, they could take testimony about postpartum issues into consideration during the trial’s punishment phase.

If jurors find that the woman’s judgment was impaired because of childbirth or lactation, they could judge her guilty of infanticide, a state jail felony that would carry a maximum punishment of two years in jail.

Postpartum depression is recognized as a legal defense in at least 29 nations, including Britain, which has had an infanticide law since 1922.

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