SRC-CDH S.B. 539 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 539
By: Ogden
Criminal Justice
2-28-97
As Filed


DIGEST 

Currently, Texas law contains no provisions making it an offense to cause
bodily injury to a pregnant woman.  However, physical assault on pregnant
women not only risks stillbirth, miscarriage, and serious birth defects if
the unborn child survives, but may also endanger a woman's ability to
procreate.  In addition, at least 22 states have laws which protect women
in such cases, including California, Florida, and New York.  S.B. 539
makes it a felony offense to cause injury to a pregnant woman in an
attempt to better ensure the safety and protection of both pregnant women
and unborn children. 

PURPOSE

As proposed, S.B. 539 creates the offense of causing injury to a pregnant
woman. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 22, Penal Code, by adding Section 22.042, as
follows: 

Sec. 22.042.  INJURY TO PREGNANT WOMAN.  Defines "miscarriage" and
"stillbirth." Provides that a person commits a second degree felony
offense if the person recklessly causes bodily injury to a pregnant woman
and causes her to suffer a miscarriage or stillbirth; or a third degree
felony if the person recklessly causes bodily injury to a pregnant woman.
Establishes that it is an exception to the application of Subsection (b)
that the pregnant woman or an authorized person consented to the actor's
conduct.  

SECTION 2. Effective date:  September 1, 1997.

SECTION 3. Emergency clause.