SRC-JJJ C.S.S.B. 188 76(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 188
76R9746 DLF-DBy: Ogden
Criminal Justice
3/19/1999
Committee Report (Substituted)


DIGEST 

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.  This bill would create a felony offense for a person who
causes bodily injury to a pregnant woman, with increased penalty in cases
in which the woman suffers a miscarriage or stillbirth.  This bill would
also create a civil action for a miscarriage or stillbirth resulting from a
wrongful or negligent act or omission.  

PURPOSE

As proposed, C.S.S.B. 188 establishes consequences of causing injury to a
pregnant woman, and creates certain offenses. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

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), to establish that a person commits an
offense if the person intentionally, knowingly, or recklessly causes bodily
injury to another, including a person's spouse, who is a pregnant woman.
Provides that an offense under Subsection (a)(4) is a felony of the third
degree. 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. Makes  nonsubstantive
changes. 

SECTION 1.02.  Amends Section 22.02, Penal Code, by amending Subsection (a)
and adding Subsections (d) and (e), to establish 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.  Defines "miscarriage" and "stillbirth."  Makes conforming and
nonsubstantive changes. 

SECTION 1.03.   Amends Section 49.07, Penal Code, to set forth conditions
by which a person commits an offense by reason of intoxication.  Define
"miscarriage," "serious bodily injury," and "stillbirth."  Provides that an
offense under this section is a felony of the third degree, except as
provided by Subsection (d).  Provides that an offense under Subsection
(a)(2) 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.  Establishes 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.  Establishes 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, and as added by this Act prospective. 

ARTICLE 3.  EMERGENCY

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

SUMMARY OF COMMITTEE CHANGES

SECTION 1.01.

Amends Section 22.01(g), Penal Code, to provide 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.   

SECTION 1.02.

 Adds Subsection (e), Section 22.02, Penal Code, to make conforming changes.

SECTION 1.03.

Amends Section 49.07, Penal Code, to set forth conditions by which a person
commits an offense by reason of intoxication.  Defines "miscarriage,"
"serious bodily injury," and "stillbirth."  Provides that an offense under
this section is a felony of the third degree, except as provided by
Subsection (d).  Provides that an offense under Subsection (a)(2) is a
felony of the second degree.