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.
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