By Ogden                                         S.B. No. 539

      75R1888 PEP-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to creating the offense of causing injury to a pregnant

 1-3     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 from a pregnant woman of a

1-12     product of human conception.

1-13                 (2)  "Stillbirth" means the death of a fetus before the

1-14     complete expulsion or extraction from its mother, regardless of the

1-15     duration of the pregnancy, as manifested by the fact that after

1-16     expulsion or extraction the fetus does not breathe spontaneously or

1-17     show any other evidence of life such as heartbeat, pulsation of the

1-18     umbilical cord, or definite movement of voluntary muscles.

1-19           (b)  A person commits an offense if the person:

1-20                 (1)  recklessly causes bodily injury to another who is

1-21     a pregnant woman and causes her to suffer a miscarriage or

1-22     stillbirth; or

1-23                 (2)  recklessly causes bodily injury to another who is

1-24     a pregnant woman.

 2-1           (c)  It is an exception to the application of Subsection (b)

 2-2     that the pregnant woman or a person authorized by law to consent

 2-3     for the woman consented to the actor's conduct.

 2-4           (d)  An offense under Subsection (b)(1) is a felony of the

 2-5     second degree.  An offense under Subsection (b)(2) is a felony of

 2-6     the third degree.

 2-7           SECTION 2.  This Act takes effect September 1, 1997.

 2-8           SECTION 3.  The importance of this legislation and the

 2-9     crowded condition of the calendars in both houses create an

2-10     emergency and an imperative public necessity that the

2-11     constitutional rule requiring bills to be read on three several

2-12     days in each house be suspended, and this rule is hereby suspended.