By Ogden S.B. No. 188
76R2386 DLF-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the consequences of causing injury to a pregnant woman;
1-3 creating certain offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. CRIMINAL PENALTIES
1-6 SECTION 1.01. Section 22.01, Penal Code, is amended by
1-7 amending Subsection (a) and adding Subsections (f) and (g) to read
1-8 as follows:
1-9 (a) A person commits an offense if the person:
1-10 (1) intentionally, knowingly, or recklessly causes
1-11 bodily injury to another, including the person's spouse;
1-12 (2) intentionally or knowingly threatens another with
1-13 imminent bodily injury, including the person's spouse; [or]
1-14 (3) intentionally or knowingly causes physical contact
1-15 with another when the person knows or should reasonably believe
1-16 that the other will regard the contact as offensive or provocative;
1-17 or
1-18 (4) intentionally, knowingly, or recklessly causes
1-19 bodily injury to another, including the person's spouse, who is a
1-20 pregnant woman.
1-21 (f) An offense under Subsection (a)(4) is a felony of the
1-22 third degree.
1-23 (g) It is an exception to the application of Subsection
1-24 (a)(4) that the pregnant woman or a person authorized by law to
2-1 consent for the woman consented to the actor's conduct.
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 exception to the application of Subsection
2-26 (a)(2) that the pregnant woman or a person authorized by law to
2-27 consent for the woman consented to the actor's conduct.
3-1 SECTION 1.03. Section 49.08, Penal Code, is amended by
3-2 amending Subsection (a) and adding Subsection (c) to read as
3-3 follows:
3-4 (a) A person commits an offense if the person:
3-5 (1) operates a motor vehicle in a public place, an
3-6 aircraft, or a watercraft; and
3-7 (2) is intoxicated and by reason of that intoxication
3-8 causes by accident or mistake:
3-9 (A) the death of another; or
3-10 (B) bodily injury to another who is a pregnant
3-11 woman and causes her to suffer a miscarriage or stillbirth [by
3-12 accident or mistake].
3-13 (c) In this section, "miscarriage" and "stillbirth" have the
3-14 meanings assigned by Section 22.02.
3-15 SECTION 1.04. The change in law made by this article
3-16 applies only to an offense committed on or after the effective date
3-17 of this Act. An offense committed before the effective date of
3-18 this Act is covered by the law in effect when the offense was
3-19 committed, and the former law is continued in effect for that
3-20 purpose. For purposes of this section, an offense was committed
3-21 before the effective date of this Act if any element of the offense
3-22 occurred before that date.
3-23 ARTICLE 2. CIVIL REMEDIES
3-24 SECTION 2.01. Title 4, Civil Practice and Remedies Code, is
3-25 amended by adding Chapter 99 to read as follows:
3-26 CHAPTER 99. MISCARRIAGE OR STILLBIRTH
3-27 Sec. 99.001. DEFINITIONS. In this chapter:
4-1 (1) "Miscarriage" means the interruption of the normal
4-2 development of a fetus, other than by a live birth, resulting in
4-3 the complete expulsion or extraction from a pregnant woman of a
4-4 product of human conception.
4-5 (2) "Stillbirth" means the death of a fetus before the
4-6 complete expulsion or extraction from its mother, regardless of the
4-7 duration of the pregnancy, as manifested by the fact that after
4-8 expulsion or extraction the fetus does not breathe spontaneously or
4-9 show any other evidence of life such as heartbeat, pulsation of the
4-10 umbilical cord, or definite movement of voluntary muscles.
4-11 Sec. 99.002. CAUSE OF ACTION. A person is liable for damages
4-12 under this chapter if, as a result of the person's wrongful act or
4-13 negligent act or omission, a pregnant woman suffers a bodily
4-14 injury that results in a miscarriage or stillbirth.
4-15 Sec. 99.003. PERSONS WHO MAY BRING ACTION. The mother or
4-16 father of the fetus may bring an action under this chapter.
4-17 Sec. 99.004. DAMAGES. (a) In an action under this chapter,
4-18 a court may award:
4-19 (1) compensatory damages, including damages for mental
4-20 anguish and loss of companionship and society; and
4-21 (2) exemplary damages under Chapter 41.
4-22 (b) Damages under this chapter are in addition to other
4-23 damages that may be awarded under law for the injury to the
4-24 pregnant woman.
4-25 Sec. 99.005. ABORTION EXCLUDED. This chapter does not apply
4-26 to an abortion performed by a physician in accordance with the
4-27 Medical Practice Act (Article 4495b, Vernon's Texas Civil Statutes)
5-1 and other applicable law.
5-2 SECTION 2.02. Chapter 99, Civil Practice and Remedies Code,
5-3 as added by this Act, applies only to a cause of action that
5-4 accrues on or after the effective date of this Act. A cause of
5-5 action that accrues before the effective date of this Act is
5-6 governed by the law applicable to the cause of action immediately
5-7 before the effective date of this Act, and that law is continued in
5-8 effect for that purpose.
5-9 ARTICLE 3. EMERGENCY
5-10 SECTION 3.01. The importance of this legislation and the
5-11 crowded condition of the calendars in both houses create an
5-12 emergency and an imperative public necessity that the
5-13 constitutional rule requiring bills to be read on three several
5-14 days in each house be suspended, and this rule is hereby suspended,
5-15 and that this Act take effect and be in force from and after its
5-16 passage, and it is so enacted.