S.B. No. 319
AN ACT
relating to the death of or injury to an unborn child; providing
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CIVIL REMEDIES
SECTION 1.01. Section 71.001, Civil Practice and Remedies
Code, is amended by adding Subdivisions (3) and (4) to read as
follows:
(3) "Death" includes, for an individual who is an
unborn child, the failure to be born alive.
(4) "Individual" includes an unborn child at every
stage of gestation from fertilization until birth.
SECTION 1.02. Section 71.003, Civil Practice and Remedies
Code, is amended to read as follows:
Sec. 71.003. APPLICATION; CERTAIN CONDUCT EXCEPTED.
(a) This subchapter applies only if the individual injured would
have been entitled to bring an action for the injury if the
individual [he] had lived or had been born alive.
(b) This subchapter applies whether the injury occurs
inside or outside this state.
(c) This subchapter does not apply to a claim for the death
of an individual who is an unborn child that is brought against:
(1) the mother of the unborn child;
(2) a physician or other licensed health care
provider, if the death is the intended result of a lawful medical
procedure performed by the physician or health care provider with
the requisite consent;
(3) a person who dispenses or administers a drug in
accordance with law, if the death is the result of the dispensation
or administration of the drug; or
(4) a physician or other health care provider licensed
in this state, if the death directly or indirectly is caused by,
associated with, arises out of, or relates to a lawful medical or
health care practice or procedure of the physician or the health
care provider.
SECTION 1.03. Subchapter A, Chapter 71, Civil Practice and
Remedies Code, is amended by adding Section 71.0055 to read as
follows:
Sec. 71.0055. EVIDENCE OF PREGNANCY. In an action under
this subchapter for the death of an individual who is an unborn
child, the plaintiff shall provide medical or other evidence that
the mother of the individual was pregnant at the time of the
individual's death.
SECTION 1.04. The changes in law made by this article apply
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 as it existed
immediately before the effective date of this Act and that law is
continued in effect for that purpose.
ARTICLE 2. CRIMINAL PENALTIES
SECTION 2.01. Subsection (a), Section 1.07, Penal Code, is
amended by amending Subdivision (26) and adding Subdivision (49) to
read as follows:
(26) "Individual" means a human being who [has been
born and] is alive, including an unborn child at every stage of
gestation from fertilization until birth.
(49) "Death" includes, for an individual who is an
unborn child, the failure to be born alive.
SECTION 2.02. Chapter 19, Penal Code, is amended by adding
Section 19.06 to read as follows:
Sec. 19.06. APPLICABILITY TO CERTAIN CONDUCT. This chapter
does not apply to the death of an unborn child if the conduct
charged is:
(1) conduct committed by the mother of the unborn
child;
(2) a lawful medical procedure performed by a
physician or other licensed health care provider with the requisite
consent, if the death of the unborn child was the intended result of
the procedure;
(3) a lawful medical procedure performed by a
physician or other licensed health care provider with the requisite
consent as part of an assisted reproduction as defined by Section
160.102, Family Code; or
(4) the dispensation of a drug in accordance with law
or administration of a drug prescribed in accordance with law.
SECTION 2.03. Section 20.01, Penal Code, is amended by
adding Subdivisions (4) and (5) to read as follows:
(4) "Person" means an individual, corporation, or
association.
(5) Notwithstanding Section 1.07, "individual" means
a human being who has been born and is alive.
SECTION 2.04. Chapter 22, Penal Code, is amended by adding
Section 22.12 to read as follows:
Sec. 22.12. APPLICABILITY TO CERTAIN CONDUCT. This chapter
does not apply to conduct charged as having been committed against
an individual who is an unborn child if the conduct is:
(1) committed by the mother of the unborn child;
(2) a lawful medical procedure performed by a
physician or other health care provider with the requisite consent;
(3) a lawful medical procedure performed by a
physician or other licensed health care provider with the requisite
consent as part of an assisted reproduction as defined by Section
160.102, Family Code; or
(4) the dispensation of a drug in accordance with law
or administration of a drug prescribed in accordance with law.
SECTION 2.05. Chapter 49, Penal Code, is amended by adding
Section 49.12 to read as follows:
Sec. 49.12. APPLICABILITY TO CERTAIN CONDUCT. Sections
49.07 and 49.08 do not apply to injury to or the death of an unborn
child if the conduct charged is conduct committed by the mother of
the unborn child.
SECTION 2.06. Chapter 38, Code of Criminal Procedure, is
amended by adding Section 38.40 to read as follows:
Sec. 38.40. EVIDENCE OF PREGNANCY. (a) In a prosecution
for the death of or injury to an individual who is an unborn child,
the prosecution shall provide medical or other evidence that the
mother of the individual was pregnant at the time of the alleged
offense.
(b) For the purpose of this section, "individual" has the
meaning assigned by Section 1.07, Penal Code.
SECTION 2.07. (a) The changes in law made by this article
apply only to an offense committed on or after the effective date of
this Act. For purposes of this section, an offense is committed
before the effective date of this Act if any element of the offense
occurs before the effective date.
(b) 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.
ARTICLE 3. EFFECTIVE DATE
SECTION 3.01. This Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 319 passed the Senate on
May 22, 2003, by a viva-voce vote; and that the Senate concurred in
House amendments on May 31, 2003, by a viva-voce vote.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 319 passed the House, with
amendments, on May 28, 2003, by the following vote: Yeas 112,
Nays 15, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor