1-1 By: Armbrister S.B. No. 815
1-2 (In the Senate - Filed February 21, 2001; February 22, 2001,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 23, 2001, reported favorably by the following vote: Yeas 4,
1-5 Nays 1; April 23, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the death of or injury to an unborn child; providing
1-9 penalties.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 ARTICLE 1. CIVIL REMEDIES
1-12 SECTION 1.01. Sections 71.001 and 71.003, Civil Practice and
1-13 Remedies Code, are amended to read as follows:
1-14 Sec. 71.001. DEFINITIONS. In this subchapter:
1-15 (1) "Corporation" means a municipal, private, public,
1-16 or quasi-public corporation other than a county or a common or
1-17 independent school district.
1-18 (2) "Death" includes, for an individual who is an
1-19 unborn child, the failure to be born alive.
1-20 (3) "Individual" includes an unborn child at every
1-21 stage of gestation from fertilization until birth.
1-22 (4) "Person" means an individual, association of
1-23 individuals, joint-stock company, or corporation or a trustee or
1-24 receiver of an individual, association of individuals, joint-stock
1-25 company, or corporation.
1-26 Sec. 71.003. APPLICATION; CERTAIN CONDUCT EXCEPTED.
1-27 (a) This subchapter applies only if the individual injured would
1-28 have been entitled to bring an action for the injury if the
1-29 individual [he] had lived or had been born alive.
1-30 (b) This subchapter applies whether the injury occurs inside
1-31 or outside this state.
1-32 (c) This subchapter does not apply to a claim for the death
1-33 of an individual who is an unborn child that is brought against:
1-34 (1) the mother of the unborn child;
1-35 (2) a physician or other licensed health care
1-36 provider, if the death is the intended result of a lawful medical
1-37 procedure performed by the physician or health care provider with
1-38 the requisite consent; or
1-39 (3) a person who dispenses or administers a drug in
1-40 accordance with law, if the death is the result of the dispensation
1-41 or administration of the drug.
1-42 SECTION 1.02. The changes in law made by this article apply
1-43 only to a cause of action that accrues on or after the effective
1-44 date of this Act. A cause of action that accrues before the
1-45 effective date of this Act is governed by the law as it existed
1-46 immediately before the effective date of this Act and that law is
1-47 continued in effect for that purpose.
1-48 ARTICLE 2. CRIMINAL PENALTIES
1-49 SECTION 2.01. Subsection (a), Section 1.07, Penal Code, is
1-50 amended by amending Subdivision (26) and adding Subdivision (49) to
1-51 read as follows:
1-52 (26) "Individual" means a human being who [has been
1-53 born and] is alive, including an unborn child at every stage of
1-54 gestation from fertilization until birth.
1-55 (49) "Death" includes, for an individual who is an
1-56 unborn child, the failure to be born alive.
1-57 SECTION 2.02. Chapter 19, Penal Code, is amended by adding
1-58 Section 19.06 to read as follows:
1-59 Sec. 19.06. CERTAIN CONDUCT EXCEPTED. It is an exception to
1-60 the application of this chapter that the death was the death of an
1-61 unborn child and that the conduct charged is:
1-62 (1) conduct committed by the mother of the unborn
1-63 child;
1-64 (2) a lawful medical procedure performed by a
2-1 physician or other licensed health care provider with the requisite
2-2 consent, if the death of the unborn child was the intended result
2-3 of the procedure; or
2-4 (3) the dispensation of a drug in accordance with law
2-5 or administration of a drug prescribed in accordance with law.
2-6 SECTION 2.03. Section 20.01, Penal Code, is amended by
2-7 adding Subdivisions (4) and (5) to read as follows:
2-8 (4) "Person" means an individual, corporation, or
2-9 association.
2-10 (5) Notwithstanding Section 1.07, "individual" means a
2-11 human being who has been born and is alive.
2-12 SECTION 2.04. Chapter 22, Penal Code, is amended by adding
2-13 Section 22.12 to read as follows:
2-14 Sec. 22.12. CERTAIN CONDUCT EXCEPTED. It is an exception to
2-15 the application of this chapter that the conduct charged is
2-16 committed against an individual who is an unborn child and is:
2-17 (1) conduct committed by the mother of the unborn
2-18 child;
2-19 (2) a lawful medical procedure performed by a
2-20 physician or other licensed health care provider with the requisite
2-21 consent, if the death of the unborn child was the intended result
2-22 of the procedure; or
2-23 (3) the dispensation of a drug in accordance with law
2-24 or administration of a drug prescribed in accordance with law.
2-25 SECTION 2.05. Chapter 49, Penal Code, is amended by adding
2-26 Section 49.12 to read as follows:
2-27 Sec. 49.12. CERTAIN CONDUCT EXCEPTED. It is an exception to
2-28 the application of Section 49.07 or 49.08 that the injury or death
2-29 was the injury or death of an unborn child and that the conduct
2-30 charged is conduct committed by the mother of the unborn child.
2-31 SECTION 2.06. (a) The changes in law made by this article
2-32 apply only to an offense committed on or after the effective date
2-33 of this Act. For purposes of this section, an offense is committed
2-34 before the effective date of this Act if any element of the offense
2-35 occurs before the effective date.
2-36 (b) An offense committed before the effective date of this
2-37 Act is covered by the law in effect when the offense was committed,
2-38 and the former law is continued in effect for that purpose.
2-39 ARTICLE 3. EFFECTIVE DATE
2-40 SECTION 3.01. This Act takes effect September 1, 2001.
2-41 * * * * *