DENVER — Voters in the state of Colorado are set to vote on a ballot initiative that would declare the unborn as persons as a mother who lost her baby in a tragic accident last year is seeking justice for other children just like her son.

As previously reported, Heather Surovick was heading home from her final prenatal appointment in July 2012 when she was struck by a drunk driver—who had been charged with DUI four other times.

When she woke up in the hospital hours later, Surovick was informed that her son Brady, who was days from being born, weighing in at 8 pounds, 2 0unces, died in the accident.

“Shortly after I woke up, my mom and my dad and my sister were there, and they told me that I had lost Brady,” she recalled tearfully in a video explaining the accident. “All I could do is sit there and cry.”

“I remember my mom grabbing my hand and saying that it was going to be okay; that we’re going to go through this together,” Surovik continued. “And my dad started crying and told me that he was really sorry that this had happened, and he wished he could turn back the hands of time and bring Brady back to us.”

However, she was shocked when she found out that the man that had taken the life of her son could not be held accountable for his death.

“On top of the death of my son [and] planning his funeral, I find out that the man responsible for taking Brady—the death of Brady—is not being charged with it because the law says that Brady was not a person,” Surovik said. “Just because he didn’t take a breath, they say that Brady isn’t a person.”

As part of The Brady Project, named after her son, Surovik is now seeking to enshrine the right to criminal justice for babies just like Brady. She has been collecting signatures this year for what is now dubbed “The Brady Amendment” in an effort to include the unborn in Colorado’s criminal statutes.

“In the interest of the protection of pregnant mothers and their unborn children from criminal offenses and negligent and wrongful acts, the words ‘person’ and ‘child’ in the Colorado Criminal Code and the Colorado Wrongful Death Act must include unborn human beings,” the amendment reads.

Earlier this month, Surovik submitted 139,650 signatures to the Colorado Secretary of State’s office, far exceeding the 86,105 requirement. The Secretary of State has now certified the initiative and set it to appear on the ballot as Amendment 67.

“We need the Brady Amendment to pass now more than ever. It is time for Colorado to recognize that there are two victims in these terrible crimes against pregnant women,” Surovik stated. “I’m very thankful for everyone who has volunteered and everyone who signed the petition—every one of them agree that Brady’s life matters.”

Personhood USA has been working with Surovik to help place the amendment on the state ballot.

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