Honorable Byron Cook, Chair, House Committee on State Affairs
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
SB8 by Schwertner (Relating to certain prohibited abortions and the treatment and disposition of a human fetus, human fetal tissue, and embryonic and fetal tissue remains; creating a civil cause of action; imposing a civil penalty; creating criminal offenses.), Committee Report 2nd House, Substituted
The provisions of the bill addressed by this analysis would amend the Health and Safety Code and the Penal Code as they relate to prohibited abortions and the disposition of certain human fetal remains resulting from pregnancy. Under the provisions of the bill, knowingly performing certain partial-birth abortions would be punishable as a state jail felony. The bill would also make, in certain situations, knowingly offering to purchase, sell, receive, or acquire certain human fetal tissue a state jail felony.
A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years or Class A misdemeanor punishment. In addition to confinement, most felony offenses are subject to an optional fine not to exceed $10,000.
Expanding the list of behaviors for which a criminal penalty is applied is expected to result in increased demands on the correctional resources of counties or of the State due to a potential increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement within state correctional institutions. However, this analysis assumes the provisions of the bill addressing felony sanctions would not result in a significant impact on the demand for state correctional resources.