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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection of an unborn child's rights and criminal |
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liability and justification for prohibited conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 1.07(a)(26), Penal Code, is amended to |
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read as follows: |
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(26) "Individual" means a human being who is alive, |
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including an unborn child at every stage of development [gestation] |
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from fertilization until birth. |
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SECTION 2. Chapter 1, Penal Code, is amended by adding |
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Section 1.11 to read as follows: |
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Sec. 1.11. APPLICABILITY OF CODE PROVISIONS TO UNBORN |
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VICTIMS. The provisions of this code apply equally to a violation |
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committed against any victim, regardless of whether the victim is |
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an unborn child or an individual who was born alive. |
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SECTION 3. Subchapter B, Chapter 9, Penal Code, is amended |
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by adding Section 9.23 to read as follows: |
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Sec. 9.23. CERTAIN MEDICAL PROCEDURES. Conduct is |
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justified if the conduct charged is a lawful medical procedure: |
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(1) performed by a licensed physician; |
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(2) performed on a pregnant female to avert the death |
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of the pregnant female; |
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(3) that results in the accidental or unintentional |
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death of the unborn child the pregnant female is carrying; and |
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(4) performed when reasonable alternatives to save the |
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life of the unborn child: |
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(A) are unavailable; or |
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(B) were attempted unsuccessfully before the |
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performance of the medical procedure. |
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SECTION 4. The following provisions are repealed: |
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(1) Section 71.003(c), Civil Practice and Remedies |
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Code; |
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(2) Section 19.06, Penal Code; and |
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(3) Section 22.12, Penal Code. |
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SECTION 5. The changes in law made by this Act apply only to |
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conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is |
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governed by the law in effect immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2023. |