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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal penalties for performing certain abortions; |
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creating criminal offenses. |
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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. CRIMINAL PENALTY. (a) A person who violates |
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Section 170.002(a) commits an offense. |
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(b) An offense under this section is a felony of the second |
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degree, except that the offense is a felony of the first degree if |
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the person has previously been convicted of an offense under this |
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section or under Section 171.049, 171.103, or 171.153. |
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(c) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code or |
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the Penal Code, the actor may be prosecuted under this section or |
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under both sections. |
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SECTION 2. Subchapter C, Chapter 171, Health and Safety |
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Code, is amended by adding Section 171.049 to read as follows: |
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Sec. 171.049. CRIMINAL PENALTY. (a) A person who violates |
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Section 171.043 or 171.044 commits an offense. |
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(b) An offense under this section is a felony of the second |
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degree, except that the offense is a felony of the first degree if |
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the person has previously been convicted of an offense under this |
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section or under Section 170.003, 171.103, or 171.153. |
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(c) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code or |
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the Penal Code, the actor may be prosecuted under this section or |
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under both sections. |
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SECTION 3. Section 171.103, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 171.103. CRIMINAL PENALTY. (a) A person who violates |
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Section 171.102 commits an offense. |
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(b) An offense under this section is a felony of the second |
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degree, except that the offense is a felony of the first degree if |
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the person has previously been convicted of an offense under this |
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section or under Section 170.003, 171.049, or 171.153 [state jail |
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felony]. |
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(c) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code or |
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the Penal Code, the actor may be prosecuted under this section or |
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under both sections. |
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SECTION 4. Section 171.153, Health and Safety Code, is |
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amended by amending Subsection (b) and adding Subsection (c) to |
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read as follows: |
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(b) An offense under this section is a felony of the second |
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degree, except that the offense is a felony of the first degree if |
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the person has previously been convicted of an offense under this |
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section or under Section 170.003, 171.049, or 171.103 [state jail |
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felony]. |
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(c) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code or |
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the Penal Code, the actor may be prosecuted under this section or |
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under both sections. |
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SECTION 5. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 6. The changes in law made by this Act apply only to |
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an abortion performed, induced, or attempted on or after the |
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effective date of this Act. An abortion performed, induced, or |
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attempted before the effective date of this Act is governed by the |
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law in effect immediately before the effective date of this Act, and |
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the former law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2021. |