Texas 2015 - 84th Regular

Texas House Bill HB1648 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R10174 JSC-F
2	2	By: White of Bell H.B. No. 1648
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to voluntary and informed consent to an abortion and
8	8	prevention of coerced abortions; providing penalties; creating an
9	9	offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 6, Code of Criminal Procedure, is
12	12	amended by adding Article 6.11 to read as follows:
13	13	Art. 6.11. REPORTS OF COERCION OF ABORTION. (a) A peace
14	14	officer who receives a report of or other information indicating
15	15	the commission or attempted commission of an alleged offense under
16	16	Section 25.12, Penal Code, shall file a police report as necessary
17	17	to ensure that law enforcement may investigate the alleged offense.
18	18	(b) A peace officer receiving a report or other information
19	19	indicating that a person has coerced or forced or attempted to
20	20	coerce or force a pregnant minor to have or seek an abortion shall
21	21	notify the Department of Family and Protective Services.
22	22	SECTION 2. Section 33.002, Family Code, is amended by
23	23	adding Subsection (a-1) to read as follows:
24	24	(a-1) A physician giving notice under Subsection (a)(1)
25	25	shall inform the parent, managing conservator, or guardian that it
26	26	is considered to be child abuse under Texas law for the parent,
27	27	managing conservator, or guardian to coerce or force the minor to
28	28	have or seek an abortion.
29	29	SECTION 3. Section 261.001(1), Family Code, is amended to
30	30	read as follows:
31	31	(1) "Abuse" includes the following acts or omissions
32	32	by a person:
33	33	(A) mental or emotional injury to a child that
34	34	results in an observable and material impairment in the child's
35	35	growth, development, or psychological functioning;
36	36	(B) causing or permitting the child to be in a
37	37	situation in which the child sustains a mental or emotional injury
38	38	that results in an observable and material impairment in the
39	39	child's growth, development, or psychological functioning;
40	40	(C) physical injury that results in substantial
41	41	harm to the child, or the genuine threat of substantial harm from
42	42	physical injury to the child, including an injury that is at
43	43	variance with the history or explanation given and excluding an
44	44	accident or reasonable discipline by a parent, guardian, or
45	45	managing or possessory conservator that does not expose the child
46	46	to a substantial risk of harm;
47	47	(D) failure to make a reasonable effort to
48	48	prevent an action by another person that results in physical injury
49	49	that results in substantial harm to the child;
50	50	(E) sexual conduct harmful to a child's mental,
51	51	emotional, or physical welfare, including conduct that constitutes
52	52	the offense of continuous sexual abuse of young child or children
53	53	under Section 21.02, Penal Code, indecency with a child under
54	54	Section 21.11, Penal Code, sexual assault under Section 22.011,
55	55	Penal Code, or aggravated sexual assault under Section 22.021,
56	56	Penal Code;
57	57	(F) failure to make a reasonable effort to
58	58	prevent sexual conduct harmful to a child;
59	59	(G) compelling or encouraging the child to engage
60	60	in sexual conduct as defined by Section 43.01, Penal Code,
61	61	including conduct that constitutes an offense of trafficking of
62	62	persons under Section 20A.02(a)(7) or (8), Penal Code, prostitution
63	63	under Section 43.02(a)(2), Penal Code, or compelling prostitution
64	64	under Section 43.05(a)(2), Penal Code;
65	65	(H) causing, permitting, encouraging, engaging
66	66	in, or allowing the photographing, filming, or depicting of the
67	67	child if the person knew or should have known that the resulting
68	68	photograph, film, or depiction of the child is obscene as defined by
69	69	Section 43.21, Penal Code, or pornographic;
70	70	(I) the current use by a person of a controlled
71	71	substance as defined by Chapter 481, Health and Safety Code, in a
72	72	manner or to the extent that the use results in physical, mental, or
73	73	emotional injury to a child;
74	74	(J) causing, expressly permitting, or
75	75	encouraging a child to use a controlled substance as defined by
76	76	Chapter 481, Health and Safety Code;
77	77	(K) causing, permitting, encouraging, engaging
78	78	in, or allowing a sexual performance by a child as defined by
79	79	Section 43.25, Penal Code; [or]
80	80	(L) knowingly causing, permitting, encouraging,
81	81	engaging in, or allowing a child to be trafficked in a manner
82	82	punishable as an offense under Section 20A.02(a)(5), (6), (7), or
83	83	(8), Penal Code, or the failure to make a reasonable effort to
84	84	prevent a child from being trafficked in a manner punishable as an
85	85	offense under any of those sections; or
86	86	(M) coercing or forcing a child to have or seek an
87	87	abortion.
88	88	SECTION 4. The heading to Subchapter B, Chapter 171, Health
89	89	and Safety Code, is amended to read as follows:
90	90	SUBCHAPTER B. VOLUNTARY AND INFORMED CONSENT
91	91	SECTION 5. Section 171.015, Health and Safety Code, is
92	92	amended to read as follows:
93	93	Sec. 171.015. INFORMATION RELATING TO PUBLIC AND PRIVATE
94	94	AGENCIES. The informational materials must include:
95	95	(1) geographically indexed materials designed to
96	96	inform the pregnant woman of public and private agencies and
97	97	services that:
98	98	(A) are available to assist a woman through
99	99	pregnancy, childbirth, and the child's dependency, including:
100	100	(i) a comprehensive list of adoption
101	101	agencies;
102	102	(ii) a description of the services the
103	103	adoption agencies offer;
104	104	(iii) a description of the manner,
105	105	including telephone numbers, in which an adoption agency may be
106	106	contacted; [and]
107	107	(iv) a comprehensive list of agencies and
108	108	organizations that offer sonogram services at no cost to the
109	109	pregnant woman;
110	110	(v) pregnancy resource centers and
111	111	maternity homes;
112	112	(vi) a comprehensive list of assistance
113	113	programs for victims of domestic violence;
114	114	(vii) a list of persons licensed to
115	115	practice in this state as social workers, licensed professional
116	116	counselors, licensed marriage and family therapists, and
117	117	psychologists who have volunteered to assist women being coerced or
118	118	forced to have or seek an abortion; and
119	119	(viii) nonprofit organizations that
120	120	provide free legal aid to women being coerced or forced to have or
121	121	seek an abortion;
122	122	(B) do not provide abortions or abortion-related
123	123	services or make referrals to abortion providers; and
124	124	(C) are not affiliated with organizations that
125	125	provide abortions or abortion-related services or make referrals to
126	126	abortion providers; and
127	127	(2) a toll-free, 24-hour telephone number that may be
128	128	called to obtain an oral list and description of agencies described
129	129	by Subdivision (1) that are located near the caller and of the
130	130	services the agencies offer.
131	131	SECTION 6. Subchapter B, Chapter 171, Health and Safety
132	132	Code, is amended by adding Sections 171.019, 171.020, 171.021,
133	133	171.022, and 171.023 to read as follows:
134	134	Sec. 171.019. PREVENTION OF COERCED ABORTIONS. (a) Before
135	135	any anesthesia or sedative is given to a woman prior to the
136	136	performance of an abortion, a physician shall:
137	137	(1) verbally inform the woman on whom the abortion is
138	138	to be performed that a person cannot coerce or force her to have or
139	139	seek an abortion and that the physician cannot perform the abortion
140	140	unless the woman provides her voluntary and informed consent; and
141	141	(2) provide the woman on whom the abortion is to be
142	142	performed with the coerced abortion form described by Section
143	143	171.021:
144	144	(A) in both English and Spanish; and
145	145	(B) in a language other than English or Spanish,
146	146	if applicable, under Section 171.021(c).
147	147	(b) A physician may not perform an abortion on a woman
148	148	unless, before the abortion, the woman certifies on the coerced
149	149	abortion form described by Section 171.021 that she received from
150	150	the physician the information and materials required by Subsection
151	151	(a).
152	152	(c) If the woman indicates on the coerced abortion form or
153	153	on a form consenting to the procedure or at any time before the
154	154	abortion communicates verbally to the physician or the physician's
155	155	agent that she is being coerced or forced to have or seek an
156	156	abortion or the physician is otherwise made aware that the woman has
157	157	indicated that she is being coerced or forced to have or seek an
158	158	abortion, the physician:
159	159	(1) shall report an offense under Section 25.12, Penal
160	160	Code, to local law enforcement and, if the woman is a minor, make a
161	161	report to the Department of Family and Protective Services;
162	162	(2) shall provide the information described by Section
163	163	171.015;
164	164	(3) shall provide the woman with access to a telephone
165	165	in a private room; and
166	166	(4) may not perform the abortion until:
167	167	(A) 72 hours have elapsed:
168	168	(i) since the woman last communicated to
169	169	the physician, through the form or otherwise, that the woman was
170	170	being coerced or forced to have or seek an abortion; or
171	171	(ii) to the best of the physician's
172	172	knowledge, since the woman last communicated to an agent of the
173	173	physician or law enforcement that the woman was being coerced or
174	174	forced to have or seek an abortion;
175	175	(B) the woman provides her voluntary and informed
176	176	consent that the woman states is not a result of coercion; and
177	177	(C) local law enforcement has completed the
178	178	investigation and report required under Section 171.020 and Article
179	179	6.11, Code of Criminal Procedure, and, as applicable, the
180	180	Department of Family and Protective Services has completed an
181	181	investigation under Subchapter D, Chapter 261, Family Code.
182	182	(d) A person who is a volunteer for or an employee of a
183	183	physician or an office or facility at which abortions are performed
184	184	shall immediately notify the physician who is to perform an
185	185	abortion on a woman if the woman communicates to the person that the
186	186	woman is being coerced or forced to have or seek an abortion.
187	187	(e) The woman on whom the abortion is to be performed may
188	188	withdraw consent to the abortion at any time before the performance
189	189	of the abortion.
190	190	Sec. 171.020. PHYSICIAN'S DUTY TO REPORT COERCION;
191	191	INVESTIGATION AND ASSISTANCE. (a) If a woman claims to have been
192	192	coerced or forced to have or seek an abortion, the physician or
193	193	physician's agent shall immediately report the suspected coercion
194	194	and the name of the individual suspected of coercing the woman to
195	195	the appropriate local law enforcement agency and, if the woman is a
196	196	minor, to the Department of Family and Protective Services.
197	197	(b) The local law enforcement agency has a duty to respond
198	198	and shall write a report within 12 hours of being notified of the
199	199	alleged coercion under this section. A report must be made in
200	200	response to every notification by a physician or physician's agent
201	201	under this section, regardless of whether the law enforcement
202	202	agency knows that a report about the coercion was previously made.
203	203	(c) Notwithstanding Sections 261.301 and 261.3015, Family
204	204	Code, the Department of Family and Protective Services shall
205	205	respond within 12 hours of being notified of the alleged coercion of
206	206	a minor under this section.
207	207	(d) The appropriate local law enforcement agency and the
208	208	Department of Family and Protective Services shall investigate
209	209	suspected coercion reported under this section and, if warranted,
210	210	shall refer the case to the appropriate prosecuting authority.
211	211	(e) If the investigation shows that a parent, managing
212	212	conservator, or guardian is coercing or forcing or attempting to
213	213	coerce or force a minor to have or seek an abortion, the Department
214	214	of Family and Protective Services shall take any appropriate action
215	215	under Title 5, Family Code.
216	216	(f) The fact that a woman has signed a form under Section
217	217	171.021 does not affect:
218	218	(1) the duty of a physician or physician's agent under
219	219	this section; or
220	220	(2) the culpability of a person coercing or forcing a
221	221	woman to have or seek an abortion.
222	222	Sec. 171.021. CONTENTS OF FORM. (a) The department shall
223	223	develop a coerced abortion form to be completed by each woman on
224	224	whom an abortion is performed in this state. The form must include:
225	225	(1) the following title centered on the page in
226	226	boldfaced capital letters in 26-point font or larger: "NOTICE";
227	227	(2) the following statement printed in 16-point font
228	228	or larger: "It is against the law for a person, regardless of that
229	229	person's relationship to you (for example, your husband, parent,
230	230	boyfriend, or teacher), to coerce or force you to have or seek an
231	231	abortion. You have the right to a telephone in a private room to
232	232	contact any local or state law enforcement agency to receive
233	233	protection from any actual or threatened physical abuse or
234	234	violence. Coercing or forcing a woman to have or seek an abortion
235	235	is child abuse if the woman is a minor and may be punishable by up to
236	236	a year in jail and up to a $4,000 fine. By law, a physician cannot
237	237	perform an abortion, including inducing, prescribing for, or
238	238	otherwise providing the means for an abortion, unless you give your
239	239	voluntary and informed consent without coercion or force. It is
240	240	against the law for a physician to perform an abortion against your
241	241	will.";
242	242	(3) the following statements printed in 14-point font
243	243	or larger followed by spaces for the woman and, if the woman is a
244	244	minor, the woman's parent or guardian, if present, to initial:
245	245	(A) "I understand that I have the right to access
246	246	a telephone in a private room to contact a local or state law
247	247	enforcement agency to receive protection from any actual or
248	248	threatened physical abuse or violence.";
249	249	(B) "I have been informed in person that no one
250	250	can coerce or force me to have or seek an abortion and that an
251	251	abortion cannot be provided to me unless I provide my freely given,
252	252	voluntary, and informed consent.";
253	253	(C) "I have read the above notice and understand
254	254	that I have legal protection against being coerced or forced to have
255	255	or seek an abortion.";
256	256	(D) "I freely give my voluntary consent to this
257	257	abortion without being coerced or forced."; and
258	258	(E) "I am aware that it is child abuse for a
259	259	parent, managing conservator, or guardian to coerce or force his or
260	260	her daughter or a child under his or her care to have or seek an
261	261	abortion.";
262	262	(4) spaces for the signature of the woman on whom an
263	263	abortion is to be performed and, if the woman is a minor, the
264	264	woman's parent or guardian, if present, and the date the form was
265	265	completed;
266	266	(5) spaces for the license number, area of specialty,
267	267	and signature of the physician who performed the abortion; and
268	268	(6) the telephone number for the National Domestic
269	269	Violence Hotline.
270	270	(b) The department shall provide the form required by
271	271	Subsection (a) in both English and Spanish.
272	272	(c) If the department determines that a substantial number
273	273	of residents in this state speak a primary language other than
274	274	English or Spanish, the department shall provide the form required
275	275	by Subsection (a) in that language. The department shall instruct a
276	276	facility that provides abortions to provide the coerced abortion
277	277	form in a language other than English or Spanish if the department
278	278	determines that a substantial number of residents in the area speak
279	279	a primary language other than English or Spanish.
280	280	Sec. 171.022. PROVISION AND RETENTION OF COERCED ABORTION
281	281	FORM. (a) The department shall provide a copy of this section and
282	282	Sections 171.019-171.021 and the coerced abortion form required by
283	283	Section 171.021 to:
284	284	(1) a physician who becomes newly licensed to practice
285	285	in this state, not later than the 30th day after the date the
286	286	physician receives the license; and
287	287	(2) all physicians licensed to practice in this state,
288	288	not later than December 1 of each year.
289	289	(b) A copy of the coerced abortion form certified by the
290	290	woman shall be placed in the woman's medical file and kept until at
291	291	least the seventh anniversary of the date on which the form was
292	292	signed or, if the woman is a minor, at least until the date the woman
293	293	reaches 20 years of age, whichever is later.
294	294	(c) The woman on whom an abortion is performed shall be
295	295	given a copy of the completed coerced abortion form in person before
296	296	the woman leaves the facility where the abortion is performed.
297	297	Sec. 171.023. SIGN POSTING. (a) An office or facility at
298	298	which abortions are performed shall post the following sign:
299	299	"NOTICE: It is against the law for a person, regardless of that
300	300	person's relationship to you (for example, your husband, parent,
301	301	boyfriend, or teacher), to coerce or force you to have or seek an
302	302	abortion. You have the right to a telephone in a private room to
303	303	contact any local or state law enforcement agency to receive
304	304	protection from any actual or threatened physical abuse or
305	305	violence. Coercing or forcing a woman to have or seek an abortion
306	306	is child abuse if the woman is a minor and may be punishable by up to
307	307	a year in jail and up to a $4,000 fine. By law, a physician cannot
308	308	perform an abortion, including inducing, prescribing for, or
309	309	otherwise providing the means for an abortion, unless you give your
310	310	voluntary and informed consent without coercion or force. It is
311	311	against the law for a physician to perform an abortion against your
312	312	will.".
313	313	(b) The sign described by Subsection (a) must:
314	314	(1) be printed with lettering that is legible and in at
315	315	least two-inch boldfaced type;
316	316	(2) be printed and posted in both English and Spanish,
317	317	as well as any language other than English or Spanish if it is
318	318	likely that a substantial number of the residents in the area speak
319	319	a language other than English or Spanish as their familiar
320	320	language; and
321	321	(3) include the telephone number for the National
322	322	Domestic Violence Hotline.
323	323	(c) An office or facility at which abortions are performed
324	324	shall conspicuously post the sign described by Subsection (a) in
325	325	each patient waiting room, each patient consultation room regularly
326	326	used by patients seeking abortions, and the room in which abortions
327	327	are performed or induced.
328	328	(d) If requested by a patient, the office or facility shall
329	329	provide the patient:
330	330	(1) a paper copy of the sign described by Subsection
331	331	(a) in the language preferred by the patient; and
332	332	(2) access to a telephone in a private room.
333	333	SECTION 7. Chapter 25, Penal Code, is amended by adding
334	334	Section 25.12 to read as follows:
335	335	Sec. 25.12. COERCION OF ABORTION. (a) A person commits an
336	336	offense if the person uses coercion to cause a pregnant woman to
337	337	have or seek an abortion, unless:
338	338	(1) the pregnant woman is younger than 18 years of age;
339	339	and
340	340	(2) the actor is the parent, guardian, or conservator
341	341	of the pregnant woman.
342	342	(b) An offense under this section is a Class A misdemeanor.
343	343	(c) A person who in good faith reports to law enforcement
344	344	authorities a suspected offense under Subsection (a) is immune from
345	345	civil liability in an action brought against the person for
346	346	reporting the suspected offense.
347	347	SECTION 8. (a) As soon as practicable after the effective
348	348	date of this Act, the Department of State Health Services shall:
349	349	(1) develop and make available:
350	350	(A) the form required by Subchapter B, Chapter
351	351	171, Health and Safety Code, as amended by this Act, along with
352	352	instructions for completing the form; and
353	353	(B) the sign required by Section 171.023, Health
354	354	and Safety Code, as added by this Act; and
355	355	(2) revise the informational materials under Section
356	356	171.015, Health and Safety Code, as amended by this Act.
357	357	(b) The executive commissioner of the Health and Human
358	358	Services Commission may identify rules required by the passage of
359	359	this Act that must be adopted on an emergency basis and may use the
360	360	procedures established under Section 2001.034, Government Code,
361	361	for adopting those rules. The executive commissioner of the Health
362	362	and Human Services Commission is not required to make the finding
363	363	described by Section 2001.034(a), Government Code, to adopt
364	364	emergency rules under this subsection.
365	365	(c) A physician or other person subject to the requirements
366	366	of Sections 171.019, 171.020, 171.021, 171.022, and 171.023, Health
367	367	and Safety Code, as added by this Act, is not required to provide,
368	368	use, or retain the coerced abortion form under Section 171.019,
369	369	171.021, or 171.022, Health and Safety Code, as added by this Act,
370	370	or post the sign required under Section 171.023, Health and Safety
371	371	Code, as added by this Act, before the Department of State Health
372	372	Services develops and makes available the form and the sign.
373	373	(d) A physician is not criminally liable under Section
374	374	171.018, Health and Safety Code, for failing to provide updated
375	375	informational materials under Section 171.015, Health and Safety
376	376	Code, as amended by this Act, failing to provide, use, or retain the
377	377	coerced abortion form under Section 171.019, 171.021, or 171.022,
378	378	Health and Safety Code, as added by this Act, or failing to post the
379	379	sign required under Section 171.023, Health and Safety Code, as
380	380	added by this Act, before the Department of State Health Services
381	381	develops and makes available the revised informational materials,
382	382	the form, or the sign.
383	383	SECTION 9. The changes in law made by this Act apply only to
384	384	an offense under Section 33.002, Family Code, as amended by this
385	385	Act, Section 171.018, Health and Safety Code, or Section 25.12,
386	386	Penal Code, as added by this Act, committed on or after September 1,
387	387	2015. An offense committed before September 1, 2015, is governed by
388	388	the law in effect on the date the offense was committed, and the
389	389	former law is continued in effect for that purpose. For purposes of
390	390	this section, an offense was committed before September 1, 2015, if
391	391	any element of the offense occurred before that date.
392	392	SECTION 10. This Act takes effect immediately if it
393	393	receives a vote of two-thirds of all the members elected to each
394	394	house, as provided by Section 39, Article III, Texas Constitution.
395	395	If this Act does not receive the vote necessary for immediate
396	396	effect, this Act takes effect September 1, 2015.