By Ogden H.B. No. 636
74R2478 GWK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the offense of intoxication 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. Section 49.08, Penal Code, is amended by amending
1-6 Subsection (a) and by adding Subsection (c) to read as follows:
1-7 (a) A person commits an offense if the person:
1-8 (1) operates a motor vehicle in a public place, an
1-9 aircraft, or a watercraft; and
1-10 (2) is intoxicated and by reason of that intoxication
1-11 causes by accident or mistake:
1-12 (A) the death of another; or
1-13 (B) bodily injury to another who is a pregnant
1-14 woman and causes her to suffer a miscarriage or stillbirth <by
1-15 accident or mistake>.
1-16 (c) In this section:
1-17 (1) "Miscarriage" has the meaning assigned by Section
1-18 22.042(a)(1).
1-19 (2) "Stillbirth" has the meaning assigned by Section
1-20 22.042(a)(2).
1-21 SECTION 2. Chapter 22, Penal Code, is amended by adding
1-22 Section 22.042 to read as follows:
1-23 Sec. 22.042. INJURY TO PREGNANT WOMAN. (a) In this
1-24 section:
2-1 (1) "Miscarriage" means the interruption of the normal
2-2 development of a fetus, other than by a live birth, resulting in
2-3 the complete expulsion or extraction from a pregnant woman of a
2-4 product of human conception.
2-5 (2) "Stillbirth" means the death of a fetus before the
2-6 complete expulsion or extraction from its mother, regardless of the
2-7 duration of the pregnancy, as manifested by the fact that after
2-8 expulsion or extraction the fetus does not breathe spontaneously or
2-9 show any other evidence of life such as heartbeat, pulsation of the
2-10 umbilical cord, or definite movement of voluntary muscles.
2-11 (b) A person commits an offense if the person:
2-12 (1) intentionally or knowingly causes bodily injury to
2-13 another who is a pregnant woman with intent to cause her to suffer
2-14 a miscarriage or stillbirth; or
2-15 (2) intentionally or knowingly causes serious bodily
2-16 injury to another who is a pregnant woman and causes her to suffer
2-17 a miscarriage or stillbirth.
2-18 (c) It is an exception to the application of Subsection (b)
2-19 that the pregnant woman or a person authorized by law to consent
2-20 for the woman consented to the actor's conduct.
2-21 (d) An offense under Subsection (b)(1) is a felony of the
2-22 second degree. An offense under Subsection (b)(2) is a felony of
2-23 the first degree.
2-24 SECTION 3. This Act takes effect September 1, 1995.
2-25 SECTION 4. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.