By:  Ogden                                             S.B. No. 269
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to criminal and civil liability for causing injury to a
 1-3     pregnant woman.
 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 (g) and (h) 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           (g)  An offense under Subsection (a)(4) is a felony of the
1-22     third degree.
1-23           (h)  It is an affirmative defense to prosecution under
1-24     Subsection (a)(4) that the conduct charged is an abortion performed
1-25     by a physician in accordance with Chapter 170, Health and Safety
 2-1     Code, 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 Chapter 170, Health and Safety
 3-2     Code, 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:
 3-7                 (1)  while operating an aircraft, watercraft, or
 3-8     amusement ride while intoxicated, or while operating a motor
 3-9     vehicle in a public place while intoxicated, by reason of that
3-10     intoxication causes:
3-11                       (A)  serious bodily injury to another; or
3-12                       (B)  bodily injury to another who is a pregnant
3-13     woman and causes her to suffer a miscarriage or stillbirth; or
3-14                 (2)  as a result of assembling a mobile amusement ride
3-15     while intoxicated causes:
3-16                       (A)  serious bodily injury to another; or
3-17                       (B)  bodily injury to another who is a pregnant
3-18     woman and causes her to suffer a miscarriage or stillbirth.
3-19           (b)  In this section:
3-20                 (1)  "Miscarriage" has the meaning assigned by Section
3-21     22.02.
3-22                 (2)  "Serious[, "serious] bodily injury" means injury
3-23     that creates a substantial risk of death or that causes serious
3-24     permanent disfigurement or protracted loss or impairment of the
3-25     function of any bodily member or organ.
3-26                 (3)  "Stillbirth" has the meaning assigned by Section
 4-1     22.02.
 4-2           (c)  Except as provided by Subsection (d), an [An] offense
 4-3     under this section is a felony of the third degree.
 4-4           (d)  An offense under Subsection (a)(1)(B) or (a)(2)(B) is a
 4-5     felony of the second degree.
 4-6           SECTION 1.04.  The change in law made by this article applies
 4-7     only to an offense committed on or after the effective date of this
 4-8     Act.  An offense committed before the effective date of this Act is
 4-9     covered by the law in effect when the offense was committed, and
4-10     the former law is continued in effect for that purpose.  For
4-11     purposes of this section, an offense was committed before the
4-12     effective date of this Act if any element of the offense occurred
4-13     before that date.
4-14                         ARTICLE 2.  CIVIL REMEDIES
4-15           SECTION 2.01.  Title 4, Civil Practice and Remedies Code, is
4-16     amended by adding Chapter 99 to read as follows:
4-17                   CHAPTER 99.  MISCARRIAGE OR STILLBIRTH
4-18           Sec. 99.001.  DEFINITIONS.  In this chapter:
4-19                 (1)  "Miscarriage" means the interruption of the normal
4-20     development of a fetus, other than by a live birth, resulting in
4-21     the complete expulsion or extraction from a pregnant woman of a
4-22     product of human conception.
4-23                 (2)  "Stillbirth" means the death of a fetus before the
4-24     complete expulsion or extraction from its mother, regardless of the
4-25     duration of the pregnancy, as manifested by the fact that after
4-26     expulsion or extraction the fetus does not breathe spontaneously or
 5-1     show any other evidence of life such as heartbeat, pulsation of the
 5-2     umbilical cord, or definite movement of voluntary muscles.
 5-3           Sec. 99.002.  CAUSE OF ACTION.  A person is liable for
 5-4     damages under this chapter if, as a result of the person's wrongful
 5-5     act or negligent act or omission, another person who is a pregnant
 5-6     woman suffers a bodily injury that results in a miscarriage or
 5-7     stillbirth.
 5-8           Sec. 99.003.  PERSONS WHO MAY BRING ACTION.  The mother or
 5-9     father of the fetus may bring an action under this chapter.
5-10           Sec. 99.004.  DAMAGES.  (a)  In an action under this chapter,
5-11     a court may award:
5-12                 (1)  compensatory damages, including damages for mental
5-13     anguish and loss of companionship and society; and
5-14                 (2)  exemplary damages under Chapter 41.
5-15           (b)  Damages under this chapter are in addition to other
5-16     damages that may be awarded under law for the injury to the
5-17     pregnant woman.
5-18           Sec. 99.005.  ABORTION EXCLUDED.  This chapter does not apply
5-19     to an abortion performed by a physician in accordance with Chapter
5-20     170, Health and Safety Code, and other applicable law.
5-21           SECTION 2.02.  Chapter 99, Civil Practice and Remedies Code,
5-22     as added by this Act, applies only to a cause of action that
5-23     accrues on or after the effective date of this Act.  A cause of
5-24     action that accrues before the effective date of this Act is
5-25     governed by the law applicable to the cause of action immediately
5-26     before the effective date of this Act, and that law is continued in
 6-1     effect for that purpose.
 6-2                         ARTICLE 3.  EFFECTIVE DATE
 6-3           SECTION 3.01.  This Act takes effect September 1, 2001.