SRC-BWC S.B. 815 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 815
77R2570 SGA-FBy: Armbrister
Criminal Justice
4/12/2001
As Filed


DIGEST AND PURPOSE 

In Texas, current law does not provide for a wrongful death cause of action
or criminal sanctions for the death of a fetus.  As proposed, S.B. 815
amends the Wrongful Death Act to allow parents to sue for the wrongful
death of a fetus.  S.B. 815 also amends the Penal Code so that a third
party can be prosecuted for the homicide, assault, and intoxication
manslaughter of the fetus of a pregnant woman. This bill does not affect
the status of legal abortion or other legal medical procedures to which the
mother has consented. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

ARTICLE 1.  CIVIL REMEDIES

SECTION 1.01.  Amends Sections 71.001 and 71.003, Civil Practice and
Remedies Code, as follows: 

 Sec. 71.001.  DEFINITIONS.  Defines "death" and "individual."

Sec. 71.003.  New heading:  APPLICATION; CERTAIN CONDUCT EXCEPTED. Provides
that this subchapter applies only if the individual injured would have been
entitled to bring an action for the injury if the individual, rather than
he, had lived or had been born alive. Provides that this subchapter does
not apply to a claim for the death of an individual who is an unborn child
that is brought against: the mother of the unborn; a physician or other
licensed health care provider, if the death is the intended result of a
lawful medical procedure performed by the physician or health care provider
with the requisite consent; or a person who dispenses or administers a drug
in accordance with law, if the death is the result of the dispensation or
administration of the drug. 

SECTION 1.02.  Makes application of this Act prospective.

ARTICLE 2.  CRIMINAL PENALTIES

SECTION 2.01.  Amends Section 1.07(a), Penal Code, by making conforming
changes. 

SECTION 2.02.  Amends Chapter 19, Penal Code, by adding Section 19.06, as
follows: 

Sec. 19.06.  CERTAIN CONDUCT EXCEPTED.  Provides that it is an exception to
the application of this chapter that the death was the death of an unborn
child and the conduct charged was committed by certain individuals. 

 SECTION 2.03.  Amends Section 20.01.  Penal Code, by making a conforming
change. 

SECTION 2.04.  Amends Chapter 22, Penal Code,  by adding Section 22.12, as
follows: 

 Sec. 22.12.  CERTAIN CONDUCT EXCEPTED.  Makes a conforming change.

SECTION 2.05.  Amends Chapter 49, Penal Code, by adding Section 49.12, as
follows: 

Sec. 49.12.  CERTAIN CONDUCT EXCEPTED.  Provides that it is an exception to
the application of Section 49.07 or 49.08 that the injury or death was the
injury or death of an unborn child and that the conduct charged is conduct
committed by the mother of the unborn child.   

SECTION 2.06.  Makes application of this Act prospective.

ARTICLE 3. EFFECTIVE DATE

SECTION 3.01.  Effective date:  September 1, 2001.