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.