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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection of life, including unborn life, from the |
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point of fertilization; providing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 170, Health and Safety Code, is amended |
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by adding Section 170.003 to read as follows: |
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Sec. 170.003. POLICY; CONTINGENT REPEALER. (a) |
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Notwithstanding this chapter, Chapter 171 of this code, Chapter 245 |
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of this code, Chapter 33, Family Code, or any other statute |
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regulating abortion, it is the policy of this state that life, |
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including unborn life, is protected from the point of |
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fertilization. |
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(b) In the event that the attorney general of this state |
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determines that the United States Constitution no longer prohibits |
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a state from banning abortion and publishes and widely publicizes |
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that fact as required by Section 50.01, Penal Code: |
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(1) the following laws are repealed on the date |
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Sections 50.02-50.06, Penal Code, take effect: |
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(A) Sections 170.001 and 170.002 of this code; |
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(B) Chapter 171 of this code; |
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(C) Chapter 245 of this code; and |
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(D) Chapter 33, Family Code; and |
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(2) Sections 164.052(a)(18) and (19), Occupations |
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Code, have no effect and may not be enforced. |
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SECTION 2. Articles 4512.1, 4512.2, 4512.3, 4512.4, and |
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4512.6, Revised Statutes, are transferred to Title 10, Penal Code, |
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redesignated as Chapter 50, Penal Code, and reenacted and amended |
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to read as follows: |
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CHAPTER 50. ABORTION |
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Sec. 50.01. EFFECT OF CHAPTER; DETERMINATION BY ATTORNEY |
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GENERAL. (a) Sections 50.02-50.06 take effect only after the |
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attorney general of this state: |
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(1) determines based on a decision by the United |
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States Supreme Court or a newly ratified amendment to the federal |
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constitution that the United States Constitution no longer |
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prohibits a state from banning abortion that is not procured on |
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medical advice for the purpose of preventing the death of the |
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mother; and |
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(2) publishes that determination in the Texas Register |
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and contemporaneously widely publicizes that determination by a |
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variety of means, including publication in a newspaper of general |
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circulation in each county for which there is a newspaper of general |
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circulation. |
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(b) The attorney general shall monitor federal legal |
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developments for purposes of this section and shall act as required |
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by Subsection (a) not later than the 60th day after the date a |
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decision described by Subsection (a) becomes final or an amendment |
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described by Subsection (a) becomes effective. |
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(c) Sections 50.02-50.06 take effect on the 60th day after |
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the date the attorney general's determination is published in the |
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Texas Register. |
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Sec. 50.02. DEFINITION. In this chapter, "abortion" means |
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the destruction, or the causation of premature birth for the |
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purpose of destruction, of [Art. 4512.1. ABORTION. If any person
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shall designedly administer to a pregnant woman or knowingly
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procure to be administered with her consent any drug or medicine, or
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shall use towards her any violence or means whatever externally or
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internally applied, and thereby procure an abortion, he shall be
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confined in the penitentiary not less than two nor more than five
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years; if it be done without her consent, the punishment shall be
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doubled. By "abortion" is meant that] the life of the fetus or |
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embryo [shall be destroyed] in a [the] woman's womb [or that a
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premature birth thereof be caused]. |
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Sec. 50.03. ABORTION. (a) A person commits an offense if |
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the person, with a woman's consent, produces an abortion by: |
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(1) administering to the woman or procuring for |
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administration to the woman any drug or medicine for the purpose of |
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producing an abortion; |
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(2) applying any external or internal means to the |
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woman for the purpose of producing an abortion; or |
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(3) furnishing to another the means to produce an |
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abortion knowing that the person intends to use those means to |
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produce an abortion with the woman's consent. |
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(b) A person commits an offense if the person, without a |
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woman's consent, produces an abortion by: |
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(1) administering to the woman or procuring for |
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administration to the woman any drug or medicine for the purpose of |
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producing an abortion; |
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(2) applying any external or internal means to the |
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woman for the purpose of producing an abortion; or |
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(3) furnishing to another the means to produce an |
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abortion knowing that the person intends to use those means to |
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produce an abortion without the woman's consent. |
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(c) An offense under Subsection (a) is a felony of the third |
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degree. |
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(d) An offense under Subsection (b) is a felony of the |
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second degree. |
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[Art. 4512.2. FURNISHING THE MEANS. Whoever furnishes the
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means for procuring an abortion knowing the purpose intended is
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guilty as an accomplice.
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[Art. 4512.3. ATTEMPT AT ABORTION. If the means used shall
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fail to produce an abortion, the offender is nevertheless guilty of
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an attempt to produce abortion, provided it be shown that such means
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were calculated to produce that result, and shall be fined not less
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than one hundred nor more than one thousand dollars.] |
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Sec. 50.04 [Art. 4512.4]. MURDER IN PRODUCING ABORTION. |
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(a) A person commits an offense if the person produces or attempts |
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to produce an abortion that results in [If] the death of the mother |
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[is occasioned by an abortion so produced or by an attempt to effect
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the same it is murder]. |
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(b) An offense under this section is a felony of the first |
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degree. |
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Sec. 50.05 [Art. 4512.6]. BY MEDICAL ADVICE. It is an |
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exception to the application of Sections 50.03 and 50.04 that the |
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[Nothing in this chapter applies to an] abortion was procured or |
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attempted on [by] medical advice for the purpose of preventing the |
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death [saving the life] of the mother. |
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Sec. 50.06. CONFLICTS. This chapter controls over any |
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statute or rule in conflict with this chapter. |
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SECTION 3. (a) Sections 50.02-50.06, Penal Code, as added |
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by this Act, apply only to an offense committed on or after the date |
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those sections take effect. For purposes of this section, an |
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offense is committed before the date Sections 50.02-50.06, Penal |
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Code, take effect if any element of the offense occurs before the |
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date those sections take effect. |
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(b) An offense committed before the date Sections |
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50.02-50.06, Penal Code, take |
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effect is covered by the law in effect |
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when the offense was committed, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |