| 1 | 1 | | 81R12874 JSC-D |
|---|
| 2 | 2 | | By: Christian H.B. No. 3152 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to prohibiting the performance of an abortion on a woman |
|---|
| 8 | 8 | | who is not known to be pregnant; providing penalties. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 170.002, Health and Safety Code, is |
|---|
| 11 | 11 | | amended by adding Subsection (d) to read as follows: |
|---|
| 12 | 12 | | (d) A physician commits an offense if the physician |
|---|
| 13 | 13 | | intentionally uses an instrument, medicine, drug, or other |
|---|
| 14 | 14 | | substance or device developed to terminate the pregnancy of a woman |
|---|
| 15 | 15 | | on a woman who is not known to be pregnant, unless the physician is |
|---|
| 16 | 16 | | using the instrument, medicine, drug, or other substance or device |
|---|
| 17 | 17 | | for a legitimate medical purpose other than the termination of a |
|---|
| 18 | 18 | | pregnancy. An offense under this subsection is a Class A |
|---|
| 19 | 19 | | misdemeanor. |
|---|
| 20 | 20 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 21 | 21 | | to an offense committed on or after the effective date of this Act. |
|---|
| 22 | 22 | | An offense committed before the effective date of this Act is |
|---|
| 23 | 23 | | governed by the law in effect when the offense was committed, and |
|---|
| 24 | 24 | | the former law is continued in effect for that purpose. For |
|---|
| 25 | 25 | | purposes of this section, an offense was committed before the |
|---|
| 26 | 26 | | effective date of this Act if any element of the offense occurred |
|---|
| 27 | 27 | | before that date. |
|---|
| 28 | 28 | | SECTION 3. This Act takes effect September 1, 2009. |
|---|