1-1 By: Ogden S.B. No. 269
1-2 (In the Senate - Filed January 17, 2001; January 22, 2001,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 February 12, 2001, reported favorably by the following vote: Yeas
1-5 6, Nays 1; February 12, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to criminal and civil liability for causing injury to a
1-9 pregnant woman.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 ARTICLE 1. CRIMINAL PENALTIES
1-12 SECTION 1.01. Section 22.01, Penal Code, is amended by
1-13 amending Subsection (a) and adding Subsections (g) and (h) to read
1-14 as follows:
1-15 (a) A person commits an offense if the person:
1-16 (1) intentionally, knowingly, or recklessly causes
1-17 bodily injury to another, including the person's spouse;
1-18 (2) intentionally or knowingly threatens another with
1-19 imminent bodily injury, including the person's spouse; [or]
1-20 (3) intentionally or knowingly causes physical contact
1-21 with another when the person knows or should reasonably believe
1-22 that the other will regard the contact as offensive or provocative;
1-23 or
1-24 (4) intentionally, knowingly, or recklessly causes
1-25 bodily injury to another, including the person's spouse, who is a
1-26 pregnant woman.
1-27 (g) An offense under Subsection (a)(4) is a felony of the
1-28 third degree.
1-29 (h) It is an affirmative defense to prosecution under
1-30 Subsection (a)(4) that the conduct charged is an abortion performed
1-31 by a physician in accordance with Chapter 170, Health and Safety
1-32 Code, and other applicable law.
1-33 SECTION 1.02. Section 22.02, Penal Code, is amended by
1-34 amending Subsection (a) and adding Subsections (d) and (e) to read
1-35 as follows:
1-36 (a) A person commits an offense if the person commits
1-37 assault as defined in Section 22.01 and the person:
1-38 (1) causes serious bodily injury to another, including
1-39 the person's spouse; [or]
1-40 (2) causes bodily injury to another, including the
1-41 person's spouse, who is a pregnant woman and causes her to suffer a
1-42 miscarriage or stillbirth; or
1-43 (3) uses or exhibits a deadly weapon during the
1-44 commission of the assault.
1-45 (d) In this section:
1-46 (1) "Miscarriage" means the interruption of the normal
1-47 development of a fetus, other than by a live birth, resulting in
1-48 the complete expulsion or extraction from a pregnant woman of a
1-49 product of human conception.
1-50 (2) "Stillbirth" means the death of a fetus before the
1-51 complete expulsion or extraction from its mother, regardless of the
1-52 duration of the pregnancy, as manifested by the fact that after
1-53 expulsion or extraction the fetus does not breathe spontaneously or
1-54 show any other evidence of life such as heartbeat, pulsation of the
1-55 umbilical cord, or definite movement of voluntary muscles.
1-56 (e) It is an affirmative defense to prosecution under
1-57 Subsection (a)(2) that the conduct charged is an abortion performed
1-58 by a physician in accordance with Chapter 170, Health and Safety
1-59 Code, and other applicable law.
1-60 SECTION 1.03. Section 49.07, Penal Code, is amended to read
1-61 as follows:
1-62 Sec. 49.07. INTOXICATION ASSAULT. (a) A person commits an
1-63 offense if the person, by accident or mistake:
1-64 (1) while operating an aircraft, watercraft, or
2-1 amusement ride while intoxicated, or while operating a motor
2-2 vehicle in a public place while intoxicated, by reason of that
2-3 intoxication causes:
2-4 (A) serious bodily injury to another; or
2-5 (B) bodily injury to another who is a pregnant
2-6 woman and causes her to suffer a miscarriage or stillbirth; or
2-7 (2) as a result of assembling a mobile amusement ride
2-8 while intoxicated causes:
2-9 (A) serious bodily injury to another; or
2-10 (B) bodily injury to another who is a pregnant
2-11 woman and causes her to suffer a miscarriage or stillbirth.
2-12 (b) In this section:
2-13 (1) "Miscarriage" has the meaning assigned by Section
2-14 22.02.
2-15 (2) "Serious[, "serious] bodily injury" means injury
2-16 that creates a substantial risk of death or that causes serious
2-17 permanent disfigurement or protracted loss or impairment of the
2-18 function of any bodily member or organ.
2-19 (3) "Stillbirth" has the meaning assigned by Section
2-20 22.02.
2-21 (c) Except as provided by Subsection (d), an [An] offense
2-22 under this section is a felony of the third degree.
2-23 (d) An offense under Subsection (a)(1)(B) or (a)(2)(B) is a
2-24 felony of the second degree.
2-25 SECTION 1.04. The change in law made by this article applies
2-26 only to an offense committed on or after the effective date of this
2-27 Act. An offense committed before the effective date of this Act is
2-28 covered by the law in effect when the offense was committed, and
2-29 the former law is continued in effect for that purpose. For
2-30 purposes of this section, an offense was committed before the
2-31 effective date of this Act if any element of the offense occurred
2-32 before that date.
2-33 ARTICLE 2. CIVIL REMEDIES
2-34 SECTION 2.01. Title 4, Civil Practice and Remedies Code, is
2-35 amended by adding Chapter 99 to read as follows:
2-36 CHAPTER 99. MISCARRIAGE OR STILLBIRTH
2-37 Sec. 99.001. DEFINITIONS. In this chapter:
2-38 (1) "Miscarriage" means the interruption of the normal
2-39 development of a fetus, other than by a live birth, resulting in
2-40 the complete expulsion or extraction from a pregnant woman of a
2-41 product of human conception.
2-42 (2) "Stillbirth" means the death of a fetus before the
2-43 complete expulsion or extraction from its mother, regardless of the
2-44 duration of the pregnancy, as manifested by the fact that after
2-45 expulsion or extraction the fetus does not breathe spontaneously or
2-46 show any other evidence of life such as heartbeat, pulsation of the
2-47 umbilical cord, or definite movement of voluntary muscles.
2-48 Sec. 99.002. CAUSE OF ACTION. A person is liable for
2-49 damages under this chapter if, as a result of the person's wrongful
2-50 act or negligent act or omission, another person who is a pregnant
2-51 woman suffers a bodily injury that results in a miscarriage or
2-52 stillbirth.
2-53 Sec. 99.003. PERSONS WHO MAY BRING ACTION. The mother or
2-54 father of the fetus may bring an action under this chapter.
2-55 Sec. 99.004. DAMAGES. (a) In an action under this chapter,
2-56 a court may award:
2-57 (1) compensatory damages, including damages for mental
2-58 anguish and loss of companionship and society; and
2-59 (2) exemplary damages under Chapter 41.
2-60 (b) Damages under this chapter are in addition to other
2-61 damages that may be awarded under law for the injury to the
2-62 pregnant woman.
2-63 Sec. 99.005. ABORTION EXCLUDED. This chapter does not apply
2-64 to an abortion performed by a physician in accordance with Chapter
2-65 170, Health and Safety Code, and other applicable law.
2-66 SECTION 2.02. Chapter 99, Civil Practice and Remedies Code,
2-67 as added by this Act, applies only to a cause of action that
2-68 accrues on or after the effective date of this Act. A cause of
2-69 action that accrues before the effective date of this Act is
3-1 governed by the law applicable to the cause of action immediately
3-2 before the effective date of this Act, and that law is continued in
3-3 effect for that purpose.
3-4 ARTICLE 3. EFFECTIVE DATE
3-5 SECTION 3.01. This Act takes effect September 1, 2001.
3-6 * * * * *