By:  Ogden                                            H.B. No. 2121
       73R2967 NSC-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the offense of involuntary manslaughter and to the
    1-3  creation of the offense of causing injury to a pregnant woman.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Sections 19.05(a) and (b), Penal Code, are
    1-6  amended to read as follows:
    1-7        (a)  A person commits an offense if he:
    1-8              (1)  recklessly causes the death of an individual; or
    1-9              (2)  by accident or mistake when operating a motor
   1-10  vehicle, airplane, helicopter, or boat while intoxicated and, by
   1-11  reason of such intoxication, causes:
   1-12                    (A)  the death of an individual; or
   1-13                    (B)  bodily injury to another who is a pregnant
   1-14  woman and causes her to suffer a miscarriage or stillbirth.
   1-15        (b)  For purposes of this section:
   1-16              (1)  "Intoxicated"<, "intoxicated"> has the meaning
   1-17  assigned that term by Subsection (a), Article 6701l-1, Revised
   1-18  Statutes.
   1-19              (2)  "Miscarriage" has the meaning assigned by Section
   1-20  22.042(a)(1) of this code.
   1-21              (3)  "Stillbirth" has the meaning assigned by Section
   1-22  22.042(a)(2) of this code.
   1-23        SECTION 2.  Chapter 22, Penal Code, is amended by adding
   1-24  Section 22.042 to read as follows:
    2-1        Sec. 22.042.  INJURY TO PREGNANT WOMAN.  (a)  In this
    2-2  section:
    2-3              (1)  "Miscarriage" means the interruption of the normal
    2-4  development of a fetus, other than by a live birth, resulting in
    2-5  the complete expulsion or extraction from a pregnant woman of a
    2-6  product of human conception.
    2-7              (2)  "Stillbirth" means the death of a fetus before the
    2-8  complete expulsion or extraction from its mother, regardless of the
    2-9  duration of the pregnancy, as manifested by the fact that after
   2-10  expulsion or extraction the fetus does not breathe spontaneously or
   2-11  show any other evidence of life such as heartbeat, pulsation of the
   2-12  umbilical cord, or definite movement of voluntary muscles.
   2-13        (b)  A person commits an offense if the person:
   2-14              (1)  intentionally or knowingly causes bodily injury to
   2-15  another who is a pregnant woman with intent to cause her to suffer
   2-16  a miscarriage or stillbirth; or
   2-17              (2)  intentionally or knowingly causes serious bodily
   2-18  injury to another who is a pregnant woman and causes her to suffer
   2-19  a miscarriage or stillbirth.
   2-20        (c)  It is an exception to the application of Subsection (b)
   2-21  of this section that the pregnant woman or a person authorized by
   2-22  law to consent for the woman consented to the actor's conduct.
   2-23        (d)  An offense under this section is a felony of the first
   2-24  degree.
   2-25        SECTION 3.  This Act takes effect September 1, 1993.
   2-26        SECTION 4.  The importance of this legislation and the
   2-27  crowded condition of the calendars in both houses create an
    3-1  emergency and an imperative public necessity that the
    3-2  constitutional rule requiring bills to be read on three several
    3-3  days in each house be suspended, and this rule is hereby suspended.