By Smithee                                      H.B. No. 1275

      75R4612 JMC-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the prosecution of certain offenses involving a viable

 1-3     fetus.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 1.07(a)(26), Penal Code, is amended to

 1-6     read as follows:

 1-7                 (26)  "Individual" means a human being who has been

 1-8     born and is alive, except as provided by Section 19.01, 22.01,

 1-9     22.02, or 22.05.

1-10           SECTION 2.  Section 19.01, Penal Code, is amended by adding

1-11     Subsection (c) to read as follows:

1-12           (c)  In this chapter:

1-13                 (1)  "Fetus" means an individual human organism from

1-14     fertilization until birth.

1-15                 (2)  "Individual" includes a viable fetus.

1-16                 (3)  "Viable" means capable of being born alive.

1-17           SECTION 3.  Chapter 19, Penal Code, is amended by adding

1-18     Section 19.06 to read as follows:

1-19           Sec. 19.06.  CERTAIN CONDUCT EXCLUDED.  It is an affirmative

1-20     defense to prosecution under this chapter for the death of a fetus

1-21     that the conduct charged is:

1-22                 (1)  an act of the mother of the fetus;

1-23                 (2)  a medical procedure performed by a physician or

1-24     other licensed health care provider at the request of the mother of

 2-1     the fetus or the mother's legal guardian; or

 2-2                 (3)  the dispensation or administration of a drug

 2-3     prescribed in accordance with law.

 2-4           SECTION 4.  Section 22.01(d), Penal Code, as added by Section

 2-5     1, Chapter 659, Acts of the 74th Legislature, Regular Session,

 2-6     1995, is amended to read as follows:

 2-7           (d)  In this section:

 2-8                 (1)  "Family"[, "family"] has the meaning assigned by

 2-9     Section 71.01, Family Code.

2-10                 (2)  "Fetus" means an individual human organism from

2-11     fertilization until birth.

2-12                 (3)  "Individual" includes a viable fetus.

2-13                 (4)  "Viable" means capable of being born alive.

2-14           SECTION 5.  Section 22.02, Penal Code, is amended by adding

2-15     Subsection (d) to read as follows:

2-16           (d)  In this section:

2-17                 (1)  "Fetus" means an individual human organism from

2-18     fertilization until birth.

2-19                 (2)  "Individual" includes a viable fetus.

2-20                 (3)  "Viable" means capable of being born alive.

2-21           SECTION 6.  Section 22.05(d), Penal Code, is amended to read

2-22     as follows:

2-23           (d)  For purposes of this section:

2-24                 (1)  "Building" has the meaning[, "building,"

2-25     "habitation," and "vehicle" have the meanings] assigned [those

2-26     terms] by Section 30.01.

2-27                 (2)  "Fetus" means an individual human organism from

 3-1     fertilization until birth.

 3-2                 (3)  "Habitation" has the meaning assigned by Section

 3-3     30.01.

 3-4                 (4)  "Individual" includes a viable fetus.

 3-5                 (5)  "Vehicle" has the meaning assigned by Section

 3-6     30.01.

 3-7                 (6)  "Viable" means capable of being born alive.

 3-8           SECTION 7.  Chapter 22, Penal Code, is amended by adding

 3-9     Section 22.11 to read as follows:

3-10           Sec. 22.11.  CERTAIN CONDUCT EXCLUDED.  It is an affirmative

3-11     defense to prosecution under Section 22.01, 22.02, or 22.05 for an

3-12     offense committed against a fetus that the conduct charged is:

3-13                 (1)  an act of the mother of the fetus;

3-14                 (2)  a medical procedure performed by a physician or

3-15     other licensed health care provider at the request of the mother of

3-16     the fetus or the mother's legal guardian; or

3-17                 (3)  the dispensation or administration of a drug

3-18     prescribed in accordance with law.

3-19           SECTION 8.  (a)  The change in law made by this Act applies

3-20     only to an offense committed on or after the effective date of this

3-21     Act.  For purposes of this section, an offense is committed before

3-22     the effective date of this Act if any element of the offense occurs

3-23     before that date.

3-24           (b)  An offense committed before the effective date of this

3-25     Act is covered by the law in effect when the offense was committed,

3-26     and the former law is continued in effect for that purpose.

3-27           SECTION 9.  This Act takes effect September 1, 1997.

 4-1           SECTION 10.  The importance of this legislation and the

 4-2     crowded condition of the calendars in both houses create an

 4-3     emergency and an imperative public necessity that the

 4-4     constitutional rule requiring bills to be read on three several

 4-5     days in each house be suspended, and this rule is hereby suspended.