HBA-GUM S.B. 188 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 188
By: Ogden
Criminal Jurisprudence
5/2/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, Texas law does not provide specific legal measures for a parent
who loses an unborn child through abuse or any other wrongful act.
Pregnant women who are injured as a result of physical abuse or certain
wrongful acts may sustain injury not only to themselves, but also to the
unborn child.  S.B. 188 creates a felony offense for a person who causes
bodily injury to a pregnant woman, and increases penalties in cases in
which the woman suffers a miscarriage or stillbirth. This bill creates a
civil action for a miscarriage or stillbirth resulting from a wrongful or
negligent act or omission.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

ARTICLE 1. CRIMINAL PENALTIES 

SECTION 1.01. Amends Section 22.01, Penal Code, by amending Subsection (a)
and adding Subsections (f) and (g), as follows: 

(a)  Provides that a person commits an offense if the person intentionally,
knowingly, or recklessly causes bodily injury to another, including the
person's spouse, who is a pregnant woman.  Makes conforming changes.  

(f)  Provides that an offense which causes bodily injury to a pregnant
woman is a felony of the third degree.  

(g)  Provides that it is an affirmative defense to prosecution that the
conduct charged is an abortion performed by a physician in accordance with
the Medical Practice Act and other applicable law.  

SECTION 1.02. Amends Section 22.02, Penal Code, by amending Subsection (a)
and adding Subsections (d) and (e), as follows: 

(a)  Provides that a person commits an assault if the person causes bodily
injury to another, including the person's spouse, who is pregnant and
causes her to suffer a miscarriage or stillbirth.  

(d)  Defines "miscarriage" and "stillbirth." 

(e)  Provides that it is an affirmative defense to prosecution that the
conduct charged is an abortion performed by a physician in accordance with
the Medical Practice Act and other applicable law.  

SECTION 1.03. Amends Section 49.07, Penal Code, to add that an intoxicated
person who causes bodily injury to a pregnant woman causing her to suffer a
miscarriage or stillbirth commits an  offense.  Defines "miscarriage,"
"serious bodily injury," and "stillbirth."  Provides that an offense under
this section (Intoxication Assault) is a felony of the third degree, except
as provided by Subsection (d), which provides that an offense under
Subsection(a)(2) (regarding causing bodily injury causing a pregnant woman
to suffer a miscarriage or still birth) is a felony of the second degree.
Makes conforming and nonsubstantive changes.  

SECTION 1.04. Makes application of Article 1 as amended by this Act
prospective.  

ARTICLE 2. CIVIL REMEDIES 

SECTION 2.01. Amends Title 4, Civil Practice and Remedies Code, by adding
Chapter 99, as follows:  

CHAPTER 99. MISCARRIAGE OR STILLBIRTH 

Sec. 99.001.  DEFINITIONS.  Defines "miscarriage" and "stillbirth."

Sec. 99.002.  CAUSE OF ACTION.  Provides that a person is liable for
damages if, as a result of the person's wrongful act or negligent act or
omission, a pregnant woman suffers bodily injury that results in a
miscarriage or stillbirth.  

Sec. 99.003.  PERSONS WHO MAY BRING ACTION.  Authorizes the mother or the
father of the fetus to bring action.  

Sec. 99.004.  DAMAGES.  Authorizes a court to award compensatory damages
and exemplary damages.  Provides that damages are in addition to other
damages that may be awarded for injury to the pregnant woman.  

Sec. 99.005.  ABORTION EXCLUDED.  Provides that this chapter does not apply
to an abortion performed by a physician in accordance with the Medical
Practice Act and other applicable law.  

SECTION 2.02.  Makes application of Chapter 99, Civil Practice and Remedies
Code, as added by this Act, prospective.  

ARTICLE 3. EMERGENCY 

SECTION 3.01. Emergency clause.
     Effective date: upon passage.