78R329 SGA-F

By:  Hupp                                                         H.B. No. 143


A BILL TO BE ENTITLED
AN ACT
relating to criminal and civil liability for causing injury to a pregnant woman. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CRIMINAL PENALTIES
SECTION 1.01. Section 22.01, Penal Code, is amended by amending Subsection (a) and adding Subsections (g) and (h) to read as follows: (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; [or] (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative; or (4) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse, who is a pregnant woman. (g) An offense under Subsection (a)(4) is a felony of the third degree. (h) It is an affirmative defense to prosecution under Subsection (a)(4) that the conduct charged is an abortion performed by a physician in accordance with Chapter 170, Health and Safety Code, and other applicable law. SECTION 1.02. Section 22.02, Penal Code, is amended by amending Subsection (a) and adding Subsections (d) and (e) to read as follows: (a) A person commits an offense if the person commits assault as defined in Section 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; [or] (2) causes bodily injury to another, including the person's spouse, who is a pregnant woman and causes her to suffer a miscarriage or stillbirth; or (3) uses or exhibits a deadly weapon during the commission of the assault. (d) In this section: (1) "Miscarriage" means the interruption of the normal development of a fetus, other than by a live birth, resulting in the complete expulsion or extraction from a pregnant woman of a product of human conception. (2) "Stillbirth" means the death of a fetus before the complete expulsion or extraction from its mother, regardless of the duration of the pregnancy, as manifested by the fact that after expulsion or extraction the fetus does not breathe spontaneously or show any other evidence of life such as heartbeat, pulsation of the umbilical cord, or definite movement of voluntary muscles. (e) It is an affirmative defense to prosecution under Subsection (a)(2) that the conduct charged is an abortion performed by a physician in accordance with Chapter 170, Health and Safety Code, and other applicable law. SECTION 1.03. Section 49.07, Penal Code, is amended to read as follows: Sec. 49.07. INTOXICATION ASSAULT. (a) A person commits an offense if the person, by accident or mistake: (1) while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of that intoxication causes: (A) serious bodily injury to another; or (B) bodily injury to another who is a pregnant woman and causes her to suffer a miscarriage or stillbirth; or (2) as a result of assembling a mobile amusement ride while intoxicated causes: (A) serious bodily injury to another; or (B) bodily injury to another who is a pregnant woman and causes her to suffer a miscarriage or stillbirth. (b) In this section: (1) "Miscarriage" has the meaning assigned by Section 22.02. (2) "Serious[, "serious] bodily injury" means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. (3) "Stillbirth" has the meaning assigned by Section 22.02. (c) Except as provided by Subsection (d), an [An] offense under this section is a felony of the third degree. (d) An offense under Subsection (a)(1)(B) or (a)(2)(B) is a felony of the second degree. SECTION 1.04. The change in law made by this article applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.
ARTICLE 2. CIVIL REMEDIES
SECTION 2.01. Title 4, Civil Practice and Remedies Code, is amended by adding Chapter 100 to read as follows:
CHAPTER 100. MISCARRIAGE OR STILLBIRTH
Sec. 100.001. DEFINITIONS. In this chapter: (1) "Miscarriage" means the interruption of the normal development of a fetus, other than by a live birth, resulting in the complete expulsion or extraction from a pregnant woman of a product of human conception. (2) "Stillbirth" means the death of a fetus before the complete expulsion or extraction from its mother, regardless of the duration of the pregnancy, as manifested by the fact that after expulsion or extraction the fetus does not breathe spontaneously or show any other evidence of life such as heartbeat, pulsation of the umbilical cord, or definite movement of voluntary muscles. Sec. 100.002. CAUSE OF ACTION. A person is liable for damages under this chapter if, as a result of the person's wrongful act or negligent act or omission, another person who is a pregnant woman suffers a bodily injury that results in a miscarriage or stillbirth. Sec. 100.003. PERSONS WHO MAY BRING ACTION. The mother or father of the fetus may bring an action under this chapter. Sec. 100.004. DAMAGES. (a) In an action under this chapter, a court may award: (1) compensatory damages, including damages for mental anguish and loss of companionship and society; and (2) exemplary damages under Chapter 41. (b) Damages under this chapter are in addition to other damages that may be awarded under law for the injury to the pregnant woman. Sec. 100.005. ABORTION EXCLUDED. This chapter does not apply to an abortion performed by a physician in accordance with Chapter 170, Health and Safety Code, and other applicable law. SECTION 2.02. Chapter 100, Civil Practice and Remedies Code, as added by this Act, applies only to a cause of action that accrues on or after the effective date of this Act. A cause of action that accrues before the effective date of this Act is governed by the law applicable to the cause of action immediately before the effective date of this Act, and that law is continued in effect for that purpose.
ARTICLE 3. EFFECTIVE DATE
SECTION 3.01. This Act takes effect September 1, 2003.