78(R) SB 319 - Senate Committee Report version


                                                                                


By:  Armbrister, et al.                                           S.B. No. 319
	(In the Senate - Filed January 29, 2003; February 6, 2003, 
read first time and referred to Committee on State Affairs; 
May 14, 2003, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 5, Nays 0; May 14, 2003, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 319                                    By:  Armbrister


A BILL TO BE ENTITLED

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.  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.  CERTAIN CONDUCT EXCEPTED.  It is an exception to 
the application of this chapter that the death was the death of an 
unborn child and that 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; or
		(3)  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.  CERTAIN CONDUCT EXCEPTED.  It is an exception to 
the application of this chapter that the conduct charged is 
committed against an individual who is an unborn child and is:
		(1)  conduct 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; 
or
		(3)  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.  CERTAIN CONDUCT EXCEPTED.  It is an exception to 
the application of Section 49.07 or 49.08 that the injury or death 
was the injury or death of an unborn child and that the conduct 
charged is conduct committed by the mother of the unborn child.
	SECTION 2.06.  (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.                        



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