By Madden H.B. No. 1889
75R80 DD-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 of the fetus from a pregnant
1-12 woman.
1-13 (2) "Stillbirth" means the death of a fetus before the
1-14 complete expulsion or extraction of the fetus from a pregnant
1-15 woman.
1-16 (b) A person commits an offense if the person recklessly or
1-17 with criminal negligence causes serious bodily injury to another
1-18 who is a pregnant woman and causes her to suffer a miscarriage or
1-19 stillbirth of a fetus that is in the third trimester of
1-20 development.
1-21 (c) It is an exception to the application of Subsection (b)
1-22 that:
1-23 (1) the pregnant woman or a person authorized by law
1-24 to consent for the woman consented to the actor's conduct; or
2-1 (2) the actor's conduct consisted of emergency medical
2-2 care:
2-3 (A) occurring under the direction of or by a
2-4 licensed physician; or
2-5 (B) administered in good faith and with
2-6 reasonable care by a person not licensed in the healing arts.
2-7 (d) An offense under this section is a state jail felony.
2-8 SECTION 2. This Act takes effect September 1, 1997.
2-9 SECTION 3. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.