By:  Ogden, Lucio                                      S.B. No. 188
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the consequences of causing injury to a pregnant woman;
 1-2     creating certain offenses.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4                       ARTICLE 1.  CRIMINAL PENALTIES
 1-5           SECTION  1.01.  Section 22.01, Penal Code, is amended by
 1-6     amending Subsection (a) and adding Subsections (f) and (g) to read
 1-7     as follows:
 1-8           (a)  A person commits an offense if the person:
 1-9                 (1)  intentionally, knowingly, or recklessly causes
1-10     bodily injury to another, including the person's spouse;
1-11                 (2)  intentionally or knowingly threatens another with
1-12     imminent bodily injury, including the person's spouse; [or]
1-13                 (3)  intentionally or knowingly causes physical contact
1-14     with another when the person knows or should reasonably believe
1-15     that the other will regard the contact as offensive or provocative;
1-16     or
1-17                 (4)  intentionally, knowingly, or recklessly causes
1-18     bodily injury to another, including the person's spouse, who is a
1-19     pregnant woman.
1-20           (f)  An offense under Subsection (a)(4) is a felony of the
1-21     third degree.
1-22           (g)  It is an affirmative defense to prosecution under
1-23     Subsection (a)(4) that the conduct charged is an abortion performed
1-24     by a physician in accordance with the Medical Practice Act (Article
 2-1     4495b, Vernon's Texas Civil Statutes) and other applicable law.
 2-2           SECTION  1.02.  Section 22.02, Penal Code, is amended by
 2-3     amending Subsection (a) and adding Subsections (d) and (e) to read
 2-4     as follows:
 2-5           (a)  A person commits an offense if the person commits
 2-6     assault as defined in Section 22.01 and the person:
 2-7                 (1)  causes serious bodily injury to another, including
 2-8     the person's spouse; [or]
 2-9                 (2)  causes bodily injury to another, including the
2-10     person's spouse, who is a pregnant woman and causes her to suffer a
2-11     miscarriage or stillbirth; or
2-12                 (3)  uses or exhibits a deadly weapon during the
2-13     commission of the assault.
2-14           (d)  In this section:
2-15                 (1)  "Miscarriage" means the interruption of the normal
2-16     development of a fetus, other than by a live birth, resulting in
2-17     the complete expulsion or extraction from a pregnant woman of a
2-18     product of human conception.
2-19                 (2)  "Stillbirth" means the death of a fetus before the
2-20     complete expulsion or extraction from its mother, regardless of the
2-21     duration of the pregnancy, as manifested by the fact that after
2-22     expulsion or extraction the fetus does not breathe spontaneously or
2-23     show any other evidence of life such as heartbeat, pulsation of the
2-24     umbilical cord, or definite movement of voluntary muscles.
2-25           (e)  It is an affirmative defense to prosecution under
2-26     Subsection (a)(2) that the conduct charged is an abortion performed
 3-1     by a physician in accordance with the Medical Practice Act (Article
 3-2     4495b, Vernon's Texas Civil Statutes) and other applicable law.
 3-3           SECTION  1.03.  Section 49.07, Penal Code, is amended to read
 3-4     as follows:
 3-5           Sec. 49.07.  INTOXICATION ASSAULT.  (a)  A person commits an
 3-6     offense if the person, by accident or mistake, while operating an
 3-7     aircraft, watercraft, or motor vehicle in a public place while
 3-8     intoxicated, by reason of that intoxication causes:
 3-9                 (1)  serious bodily injury to another; or
3-10                 (2)  bodily injury to another who is a pregnant woman
3-11     and causes her to suffer a miscarriage or stillbirth.
3-12           (b)  In this section:
3-13                 (1)  "Miscarriage" has the meaning assigned by Section
3-14     22.02.
3-15                 (2)  "Serious[, "serious] bodily injury" means injury
3-16     that creates a substantial risk of death or that causes serious
3-17     permanent disfigurement or protracted loss or impairment of the
3-18     function of any bodily member or organ.
3-19                 (3)  "Stillbirth" has the meaning assigned by Section
3-20     22.02.
3-21           (c)  Except as provided by Subsection (d), an [An] offense
3-22     under this section is a felony of the third degree.
3-23           (d)  An offense under Subsection (a)(2) is a felony of the
3-24     second degree.
3-25           SECTION 1.04.  The change in law made by this article applies
3-26     only to an offense committed on or after the effective date of this
 4-1     Act.  An offense committed before the effective date of this Act is
 4-2     covered by the law in effect when the offense was committed, and
 4-3     the former law is continued in effect for that purpose.  For
 4-4     purposes of this section, an offense was committed before the
 4-5     effective date of this Act if any element of the offense occurred
 4-6     before that date.
 4-7                         ARTICLE 2.  CIVIL REMEDIES
 4-8           SECTION 2.01.  Title 4, Civil Practice and Remedies Code, is
 4-9     amended by adding Chapter 99 to read as follows:
4-10                   CHAPTER 99.  MISCARRIAGE OR STILLBIRTH
4-11           Sec. 99.001.  DEFINITIONS.  In this chapter:
4-12                 (1)  "Miscarriage" means the interruption of the normal
4-13     development of a fetus, other than by a live  birth,  resulting in
4-14     the complete expulsion  or  extraction from a pregnant woman of a
4-15     product of human conception.
4-16                 (2)  "Stillbirth" means the death of a fetus before the
4-17     complete expulsion or extraction from its mother, regardless of the
4-18     duration of the pregnancy, as manifested by  the  fact  that after
4-19     expulsion or extraction the fetus does not breathe spontaneously or
4-20     show any other evidence of life such as heartbeat, pulsation of the
4-21     umbilical cord, or definite movement of voluntary muscles.
4-22           Sec. 99.002.  CAUSE OF ACTION.  A person who is not the
4-23     mother is liable for damages under this chapter if, as a result of
4-24     the person's wrongful act or negligent act or omission, a pregnant
4-25     woman suffers a bodily injury that results in a miscarriage or
4-26     stillbirth.
 5-1           Sec. 99.003.  PERSONS WHO MAY BRING ACTION.  The mother or
 5-2     father of the fetus may bring an action under this chapter.
 5-3           Sec. 99.004.  DAMAGES.  (a)  In an action under this chapter,
 5-4     a court may award:
 5-5                 (1)  compensatory damages, including damages for mental
 5-6     anguish and loss of companionship and society; and
 5-7                 (2)  exemplary damages under Chapter 41.
 5-8           (b)  Damages under this chapter are in addition to other
 5-9     damages that may be awarded under law for the injury to the
5-10     pregnant woman.
5-11           Sec. 99.005.  ABORTION EXCLUDED.  This chapter does not apply
5-12     to an abortion performed by a physician in accordance with the
5-13     Medical Practice Act (Article 4495b, Vernon's Texas Civil Statutes)
5-14     and other applicable law.
5-15           SECTION 2.02.  Chapter 99, Civil Practice and Remedies Code,
5-16     as added by this Act, applies only to a cause of action that
5-17     accrues on or after the effective date of this Act.  A cause of
5-18     action that accrues before the effective date of this Act is
5-19     governed by the law applicable to the cause of action immediately
5-20     before the effective date of this Act, and that law is continued in
5-21     effect for that purpose.
5-22                            ARTICLE 3.  EMERGENCY
5-23           SECTION 3.01.  The importance of this legislation and the
5-24     crowded condition of the calendars in both houses create an
5-25     emergency and an imperative public necessity that the
5-26     constitutional rule requiring bills to be read on three several
 6-1     days in each house be suspended, and this rule is hereby suspended,
 6-2     and that this Act take effect and be in force from and after its
 6-3     passage, and it is so enacted.