1-1 By: Ogden S.B. No. 188
1-2 (In the Senate - Filed January 19, 1999; January 28, 1999,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 March 22, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; March 22, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 188 By: Shapiro
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the consequences of causing injury to a pregnant woman;
1-11 creating certain offenses.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 ARTICLE 1. CRIMINAL PENALTIES
1-14 SECTION 1.01. Section 22.01, Penal Code, is amended by
1-15 amending Subsection (a) and adding Subsections (f) and (g) to read
1-16 as follows:
1-17 (a) A person commits an offense if the person:
1-18 (1) intentionally, knowingly, or recklessly causes
1-19 bodily injury to another, including the person's spouse;
1-20 (2) intentionally or knowingly threatens another with
1-21 imminent bodily injury, including the person's spouse; [or]
1-22 (3) intentionally or knowingly causes physical contact
1-23 with another when the person knows or should reasonably believe
1-24 that the other will regard the contact as offensive or provocative;
1-25 or
1-26 (4) intentionally, knowingly, or recklessly causes
1-27 bodily injury to another, including the person's spouse, who is a
1-28 pregnant woman.
1-29 (f) An offense under Subsection (a)(4) is a felony of the
1-30 third degree.
1-31 (g) It is an affirmative defense to prosecution under
1-32 Subsection (a)(4) that the conduct charged is an abortion performed
1-33 by a physician in accordance with the Medical Practice Act (Article
1-34 4495b, Vernon's Texas Civil Statutes) and other applicable law.
1-35 SECTION 1.02. Section 22.02, Penal Code, is amended by
1-36 amending Subsection (a) and adding Subsections (d) and (e) to read
1-37 as follows:
1-38 (a) A person commits an offense if the person commits
1-39 assault as defined in Section 22.01 and the person:
1-40 (1) causes serious bodily injury to another, including
1-41 the person's spouse; [or]
1-42 (2) causes bodily injury to another, including the
1-43 person's spouse, who is a pregnant woman and causes her to suffer a
1-44 miscarriage or stillbirth; or
1-45 (3) uses or exhibits a deadly weapon during the
1-46 commission of the assault.
1-47 (d) In this section:
1-48 (1) "Miscarriage" means the interruption of the normal
1-49 development of a fetus, other than by a live birth, resulting in
1-50 the complete expulsion or extraction from a pregnant woman of a
1-51 product of human conception.
1-52 (2) "Stillbirth" means the death of a fetus before the
1-53 complete expulsion or extraction from its mother, regardless of the
1-54 duration of the pregnancy, as manifested by the fact that after
1-55 expulsion or extraction the fetus does not breathe spontaneously or
1-56 show any other evidence of life such as heartbeat, pulsation of the
1-57 umbilical cord, or definite movement of voluntary muscles.
1-58 (e) It is an affirmative defense to prosecution under
1-59 Subsection (a)(2) that the conduct charged is an abortion performed
1-60 by a physician in accordance with the Medical Practice Act (Article
1-61 4495b, Vernon's Texas Civil Statutes) and other applicable law.
1-62 SECTION 1.03. Section 49.07, Penal Code, is amended to read
1-63 as follows:
1-64 Sec. 49.07. INTOXICATION ASSAULT. (a) A person commits an
2-1 offense if the person, by accident or mistake, while operating an
2-2 aircraft, watercraft, or motor vehicle in a public place while
2-3 intoxicated, by reason of that intoxication causes:
2-4 (1) serious bodily injury to another; or
2-5 (2) bodily injury to another who is a pregnant woman
2-6 and causes her to suffer a miscarriage or stillbirth.
2-7 (b) In this section:
2-8 (1) "Miscarriage" has the meaning assigned by Section
2-9 22.02.
2-10 (2) "Serious[, "serious] bodily injury" means injury
2-11 that creates a substantial risk of death or that causes serious
2-12 permanent disfigurement or protracted loss or impairment of the
2-13 function of any bodily member or organ.
2-14 (3) "Stillbirth" has the meaning assigned by Section
2-15 22.02.
2-16 (c) Except as provided by Subsection (d), an [An] offense
2-17 under this section is a felony of the third degree.
2-18 (d) An offense under Subsection (a)(2) is a felony of the
2-19 second degree.
2-20 SECTION 1.04. The change in law made by this article applies
2-21 only to an offense committed on or after the effective date of this
2-22 Act. An offense committed before the effective date of this Act is
2-23 covered by the law in effect when the offense was committed, and
2-24 the former law is continued in effect for that purpose. For
2-25 purposes of this section, an offense was committed before the
2-26 effective date of this Act if any element of the offense occurred
2-27 before that date.
2-28 ARTICLE 2. CIVIL REMEDIES
2-29 SECTION 2.01. Title 4, Civil Practice and Remedies Code, is
2-30 amended by adding Chapter 99 to read as follows:
2-31 CHAPTER 99. MISCARRIAGE OR STILLBIRTH
2-32 Sec. 99.001. DEFINITIONS. In this chapter:
2-33 (1) "Miscarriage" means the interruption of the normal
2-34 development of a fetus, other than by a live birth, resulting in
2-35 the complete expulsion or extraction from a pregnant woman of a
2-36 product of human conception.
2-37 (2) "Stillbirth" means the death of a fetus before the
2-38 complete expulsion or extraction from its mother, regardless of the
2-39 duration of the pregnancy, as manifested by the fact that after
2-40 expulsion or extraction the fetus does not breathe spontaneously or
2-41 show any other evidence of life such as heartbeat, pulsation of the
2-42 umbilical cord, or definite movement of voluntary muscles.
2-43 Sec. 99.002. CAUSE OF ACTION. A person is liable for
2-44 damages under this chapter if, as a result of the person's wrongful
2-45 act or negligent act or omission, a pregnant woman suffers a bodily
2-46 injury that results in a miscarriage or stillbirth.
2-47 Sec. 99.003. PERSONS WHO MAY BRING ACTION. The mother or
2-48 father of the fetus may bring an action under this chapter.
2-49 Sec. 99.004. DAMAGES. (a) In an action under this chapter,
2-50 a court may award:
2-51 (1) compensatory damages, including damages for mental
2-52 anguish and loss of companionship and society; and
2-53 (2) exemplary damages under Chapter 41.
2-54 (b) Damages under this chapter are in addition to other
2-55 damages that may be awarded under law for the injury to the
2-56 pregnant woman.
2-57 Sec. 99.005. ABORTION EXCLUDED. This chapter does not apply
2-58 to an abortion performed by a physician in accordance with the
2-59 Medical Practice Act (Article 4495b, Vernon's Texas Civil Statutes)
2-60 and other applicable law.
2-61 SECTION 2.02. Chapter 99, Civil Practice and Remedies Code,
2-62 as added by this Act, applies only to a cause of action that
2-63 accrues on or after the effective date of this Act. A cause of
2-64 action that accrues before the effective date of this Act is
2-65 governed by the law applicable to the cause of action immediately
2-66 before the effective date of this Act, and that law is continued in
2-67 effect for that purpose.
2-68 ARTICLE 3. EMERGENCY
2-69 SECTION 3.01. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended,
3-5 and that this Act take effect and be in force from and after its
3-6 passage, and it is so enacted.
3-7 * * * * *