Amend CSHB 1763 as follows:
(1) On page 1, line 6, strike "adding Subsection (f)" and
substitute "adding Subsections (f) and (g)".
(2) On page 1, strike lines 16-21 and substitute the
following:
(B) <(2) a state jail felony if it is shown on
the trial of the offense that the offense was committed against> a
<family> member of the defendant's family or household, if it is
shown on the trial of the offense <and> that the defendant:
(i) has been previously convicted of an
offense against a <family> member of the defendant's family or
household under this section; or
(ii) in committing the offense caused the
death of an unborn child of the member of the family or household;
or.
(3) On page 2, between lines 7 and 8, insert the following:
(3) "Death," with respect to an unborn child, means a
failure to be born alive.
(4) "Unborn child" means a fetus at every stage of
gestation in the uterus of the mother from fertilization until
birth.
(4) On page 2, between lines 16 and 17, insert the
following:
(g) The enhancement provided by Subsection (b)(1)(B)(ii)
does not apply to any act consisting of conduct:
(1) committed by the mother of the unborn child;
(2) that is:
(A) a medical procedure performed in accordance
with law by a physician or other licensed health care provider; or
(B) the dispensation of a drug in accordance
with law or administration of a drug prescribed in accordance with
law.