By Ogden S.B. No. 269
77R1882 DLF-F
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
2-1 by a physician in accordance with Chapter 170, Health and Safety
2-2 Code, and other applicable law.
2-3 SECTION 1.02. Section 22.02, Penal Code, is amended by
2-4 amending Subsection (a) and adding Subsections (d) and (e) to read
2-5 as follows:
2-6 (a) A person commits an offense if the person commits
2-7 assault as defined in Section 22.01 and the person:
2-8 (1) causes serious bodily injury to another, including
2-9 the person's spouse; [or]
2-10 (2) causes bodily injury to another, including the
2-11 person's spouse, who is a pregnant woman and causes her to suffer a
2-12 miscarriage or stillbirth; or
2-13 (3) uses or exhibits a deadly weapon during the
2-14 commission of the assault.
2-15 (d) In this section:
2-16 (1) "Miscarriage" means the interruption of the normal
2-17 development of a fetus, other than by a live birth, resulting in
2-18 the complete expulsion or extraction from a pregnant woman of a
2-19 product of human conception.
2-20 (2) "Stillbirth" means the death of a fetus before the
2-21 complete expulsion or extraction from its mother, regardless of the
2-22 duration of the pregnancy, as manifested by the fact that after
2-23 expulsion or extraction the fetus does not breathe spontaneously or
2-24 show any other evidence of life such as heartbeat, pulsation of the
2-25 umbilical cord, or definite movement of voluntary muscles.
2-26 (e) It is an affirmative defense to prosecution under
2-27 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
3-27 22.02.
4-1 (c) Except as provided by Subsection (d), an [An] offense
4-2 under this section is a felony of the third degree.
4-3 (d) An offense under Subsection (a)(1)(B) or (a)(2)(B) is a
4-4 felony of the second degree.
4-5 SECTION 1.04. The change in law made by this article
4-6 applies only to an offense committed on or after the effective date
4-7 of this Act. An offense committed before the effective date of
4-8 this Act is covered by the law in effect when the offense was
4-9 committed, and the former law is continued in effect for that
4-10 purpose. For purposes of this section, an offense was committed
4-11 before the effective date of this Act if any element of the offense
4-12 occurred before that date.
4-13 ARTICLE 2. CIVIL REMEDIES
4-14 SECTION 2.01. Title 4, Civil Practice and Remedies Code, is
4-15 amended by adding Chapter 99 to read as follows:
4-16 CHAPTER 99. MISCARRIAGE OR STILLBIRTH
4-17 Sec. 99.001. DEFINITIONS. In this chapter:
4-18 (1) "Miscarriage" means the interruption of the normal
4-19 development of a fetus, other than by a live birth, resulting in
4-20 the complete expulsion or extraction from a pregnant woman of a
4-21 product of human conception.
4-22 (2) "Stillbirth" means the death of a fetus before the
4-23 complete expulsion or extraction from its mother, regardless of the
4-24 duration of the pregnancy, as manifested by the fact that after
4-25 expulsion or extraction the fetus does not breathe spontaneously or
4-26 show any other evidence of life such as heartbeat, pulsation of the
4-27 umbilical cord, or definite movement of voluntary muscles.
5-1 Sec. 99.002. CAUSE OF ACTION. A person is liable for
5-2 damages under this chapter if, as a result of the person's
5-3 wrongful act or negligent act or omission, another person who is a
5-4 pregnant woman suffers a bodily injury that results in a
5-5 miscarriage or stillbirth.
5-6 Sec. 99.003. PERSONS WHO MAY BRING ACTION. The mother or
5-7 father of the fetus may bring an action under this chapter.
5-8 Sec. 99.004. DAMAGES. (a) In an action under this chapter,
5-9 a court may award:
5-10 (1) compensatory damages, including damages for mental
5-11 anguish and loss of companionship and society; and
5-12 (2) exemplary damages under Chapter 41.
5-13 (b) Damages under this chapter are in addition to other
5-14 damages that may be awarded under law for the injury to the
5-15 pregnant woman.
5-16 Sec. 99.005. ABORTION EXCLUDED. This chapter does not apply
5-17 to an abortion performed by a physician in accordance with Chapter
5-18 170, Health and Safety Code, and other applicable law.
5-19 SECTION 2.02. Chapter 99, Civil Practice and Remedies Code,
5-20 as added by this Act, applies only to a cause of action that
5-21 accrues on or after the effective date of this Act. A cause of
5-22 action that accrues before the effective date of this Act is
5-23 governed by the law applicable to the cause of action immediately
5-24 before the effective date of this Act, and that law is continued in
5-25 effect for that purpose.
5-26 ARTICLE 3. EFFECTIVE DATE
5-27 SECTION 3.01. This Act takes effect September 1, 2001.