By Harris of Tarrant                                   S.B. No. 120
       74R1471 GWK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the creation of the offense of causing injury to a
    1-3  pregnant woman.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 22, Penal Code, is amended by adding
    1-6  Section 22.042 to read as follows:
    1-7        Sec. 22.042.  INJURY TO PREGNANT WOMAN.  (a)  In this
    1-8  section:
    1-9              (1)  "Miscarriage" means the interruption of the normal
   1-10  development of a fetus, other than by a live birth, resulting in
   1-11  the complete expulsion or extraction from a pregnant woman of a
   1-12  product of human conception.
   1-13              (2)  "Stillbirth" means the death of a fetus before the
   1-14  complete expulsion or extraction from its mother, regardless of the
   1-15  duration of the pregnancy, as manifested by the fact that after
   1-16  expulsion or extraction the fetus does not breathe spontaneously or
   1-17  show any other evidence of life such as heartbeat, pulsation of the
   1-18  umbilical cord, or definite movement of voluntary muscles.
   1-19        (b)  A person commits an offense if the person:
   1-20              (1)  knowingly causes bodily injury to another who is a
   1-21  pregnant woman with intent to cause her to suffer a miscarriage or
   1-22  stillbirth; or
   1-23              (2)  knowingly causes serious bodily injury to another
   1-24  who is a pregnant woman and causes her to suffer a miscarriage or
    2-1  stillbirth.
    2-2        (c)  It is an exception to the application of Subsection (b)
    2-3  that the pregnant woman or a person authorized by law to consent
    2-4  for the woman consented to the actor's conduct.
    2-5        (d)  An offense under this section is a felony of the first
    2-6  degree.
    2-7        SECTION 2.  This Act takes effect September 1, 1995.
    2-8        SECTION 3.  The importance of this legislation and the
    2-9  crowded condition of the calendars in both houses create an
   2-10  emergency and an imperative public necessity that the
   2-11  constitutional rule requiring bills to be read on three several
   2-12  days in each house be suspended, and this rule is hereby suspended.