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.