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.