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                                  * * * * *