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A BILL TO BE ENTITLED
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AN ACT
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relating to civil liability for sexual assault resulting in a |
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pregnancy carried to term. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 4, Civil Practice and Remedies Code, is |
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amended by adding Chapter 98C to read as follows: |
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CHAPTER 98C. LIABILITY FOR SEXUAL ASSAULT RESULTING IN PREGNANCY |
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Sec. 98C.001. DEFINITION. In this chapter, "sexual |
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assault" means conduct described by Section 22.011, Penal Code. |
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Sec. 98C.002. LIABILITY FOR SEXUAL ASSAULT RESULTING IN |
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PREGNANCY. (a) A defendant who commits an act of sexual assault is |
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liable to the victim of the sexual assault, as provided by this |
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chapter, for damages arising out of a pregnancy resulting from the |
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sexual assault if the victim carries the pregnancy to term. |
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(b) It is not a defense to liability under this chapter that |
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a defendant has been acquitted or has not been prosecuted or |
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convicted under Section 22.011, Penal Code, or has been convicted |
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of a different offense or of a different type of offense, for the |
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conduct that is alleged to give rise to liability under this |
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chapter. |
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Sec. 98C.003. DAMAGES. (a) A claimant who prevails in an |
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action brought under this chapter is entitled to recover actual |
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damages related to the pregnancy, the birth, and the care of the |
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child, including: |
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(1) medical expenses, including prenatal care, |
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delivery costs, and postnatal care; |
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(2) loss of income, wages, or earning capacity; |
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(3) any other economic damages related to the |
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pregnancy, birth, or care of the child; and |
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(4) noneconomic damages, as defined by Section 41.001. |
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(b) Noneconomic damages, including damages for mental |
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anguish and physical and emotional pain and suffering, may be |
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awarded to a claimant who prevails in an action brought under this |
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chapter regardless of whether economic damages are awarded to the |
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claimant. |
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Sec. 98C.004. CAUSE OF ACTION CUMULATIVE. The cause of |
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action created by this chapter is cumulative of any other remedy |
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provided by common law or statute, including the ability to seek |
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payments for support of a child under Chapter 154, Family Code. |
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SECTION 2. Chapter 98C, Civil Practice and Remedies Code, |
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as added by this Act, applies only to a cause of action that accrues |
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on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |