78R6704 T
By: Farrar H.B. No. 1589
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. CIVIL PENALTIES
SECTION 1.01. 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 the pregnant woman,
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.
(a) The pregnant woman may bring an action under this
chapter, and
(b) Any person who would have become a parent had the
pregnancy not resulted in a miscarriage or stillbirth may bring an
action under this chapter unless the act of such person which
resulted in the pregnancy was done without the consent of the
pregnant woman.
Sec. 100.004. DAMAGES. (a) In an action under this
chapter, a court may award:
(1) compensatory damages, including damages for
mental anguish; 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 physical injuries 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 1.02. Section 41.008, Civil Practices and Remedies
Code, is amended by adding Subsection (f) to read as follows:
(f) Subsection (b) does not apply to a cause of action
against a defendant from whom a plaintiff seeks recovery of
exemplary damages based on conduct described in Section 100.002 of
the Civil Practice and Remedies Code.
SECTION 1.03. 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 2. CRIMINAL REMEDIES
SECTION 2.01. Section 22.01, Penal Code, is amended by
amending Subsection (a) and adding Subsection (g) 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.
SECTION 2.02. Section 22.02, Penal Code, is amended by
amending Subsection (a) and adding Subsection (d) 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.
SECTION 2.03. Chapter 22, Penal Code, is amended by adding
Section 22.12 to read as follows:
Sec. 22.12. CERTAIN CONDUCT EXCEPTED. It is an exception to
the application of this chapter that the conduct charged is
committed against a pregnant woman and is:
(1) a lawful medical procedure, including but not
limited to an abortion performed in accordance with Chapter 170,
Health and Safety Code or other applicable law, performed by a
physician or other licensed health care provider with the requisite
consent; or
(2) the dispensation of a drug in accordance with law
or administration of a drug prescribed in accordance with law.
SECTION 2.04. 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 2.05. 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.