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.