Texas 2017 - 85th Regular

Texas House Bill HB612 Compare Versions

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

Old	New	Differences
1	1	85R3336 SCL-F
2	2	By: Leach H.B. No. 612
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 alleging the
15	15	commission or attempted commission of an offense under Section
16	16	25.12, Penal Code, shall file a police report as necessary to ensure
17	17	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 minor's parent, managing conservator, or guardian
26	26	that any person, including the minor's parent, conservator, or
27	27	guardian, who coerces or forces the minor to have or seek an
28	28	abortion commits an act defined as child abuse under Texas law.
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 compelling or encouraging the child in a manner that
62	62	constitutes an offense of trafficking of persons under Section
63	63	20A.02(a)(7) or (8), Penal Code, prostitution under Section
64	64	43.02(b), Penal Code, or compelling prostitution under Section
65	65	43.05(a)(2), Penal Code;
66	66	(H) causing, permitting, encouraging, engaging
67	67	in, or allowing the photographing, filming, or depicting of the
68	68	child if the person knew or should have known that the resulting
69	69	photograph, film, or depiction of the child is obscene as defined by
70	70	Section 43.21, Penal Code, or pornographic;
71	71	(I) the current use by a person of a controlled
72	72	substance as defined by Chapter 481, Health and Safety Code, in a
73	73	manner or to the extent that the use results in physical, mental, or
74	74	emotional injury to a child;
75	75	(J) causing, expressly permitting, or
76	76	encouraging a child to use a controlled substance as defined by
77	77	Chapter 481, Health and Safety Code;
78	78	(K) causing, permitting, encouraging, engaging
79	79	in, or allowing a sexual performance by a child as defined by
80	80	Section 43.25, Penal Code; [or]
81	81	(L) knowingly causing, permitting, encouraging,
82	82	engaging in, or allowing a child to be trafficked in a manner
83	83	punishable as an offense under Section 20A.02(a)(5), (6), (7), or
84	84	(8), Penal Code, or the failure to make a reasonable effort to
85	85	prevent a child from being trafficked in a manner punishable as an
86	86	offense under any of those sections; or
87	87	(M) coercing or forcing a child to have or seek an
88	88	abortion.
89	89	SECTION 4. The heading to Subchapter B, Chapter 171, Health
90	90	and Safety Code, is amended to read as follows:
91	91	SUBCHAPTER B. VOLUNTARY AND INFORMED CONSENT
92	92	SECTION 5. Section 171.015, Health and Safety Code, is
93	93	amended to read as follows:
94	94	Sec. 171.015. INFORMATION RELATING TO PUBLIC AND PRIVATE
95	95	AGENCIES. The informational materials must include:
96	96	(1) geographically indexed materials designed to
97	97	inform the pregnant woman of public and private agencies and
98	98	services that:
99	99	(A) are available to assist a woman through
100	100	pregnancy, childbirth, and the child's dependency, including:
101	101	(i) a comprehensive list of adoption
102	102	agencies;
103	103	(ii) a description of the services the
104	104	adoption agencies offer;
105	105	(iii) a description of the manner,
106	106	including telephone numbers, in which an adoption agency may be
107	107	contacted; [and]
108	108	(iv) a comprehensive list of agencies and
109	109	organizations that offer sonogram services at no cost to the
110	110	pregnant woman;
111	111	(v) pregnancy resource centers and
112	112	maternity homes;
113	113	(vi) a comprehensive list of assistance
114	114	programs for victims of family violence and human trafficking;
115	115	(vii) the telephone number and Internet
116	116	website of the National Human Trafficking Resource Center;
117	117	(viii) a list of persons licensed to
118	118	practice in this state as social workers, licensed professional
119	119	counselors, licensed marriage and family therapists, and
120	120	psychologists who have volunteered to assist women being coerced or
121	121	forced to have or seek an abortion or volunteered to provide
122	122	services for human trafficking rescue and restoration; and
123	123	(ix) nonprofit organizations that provide
124	124	free legal aid to women being coerced or forced to have or seek an
125	125	abortion or to victims of human trafficking;
126	126	(B) do not provide abortions or abortion-related
127	127	services or make referrals to abortion providers; and
128	128	(C) are not affiliated with organizations that
129	129	provide abortions or abortion-related services or make referrals to
130	130	abortion providers; and
131	131	(2) a toll-free, 24-hour telephone number that may be
132	132	called to obtain an oral list and description of agencies described
133	133	by Subdivision (1) that are located near the caller and of the
134	134	services the agencies offer.
135	135	SECTION 6. Subchapter B, Chapter 171, Health and Safety
136	136	Code, is amended by adding Sections 171.019, 171.020, 171.021,
137	137	171.022, and 171.023 to read as follows:
138	138	Sec. 171.019. PREVENTION OF COERCED ABORTIONS. (a) Before
139	139	any anesthesia or sedative is given to a woman and before an
140	140	abortion is performed on the woman, a physician shall:
141	141	(1) verbally inform the woman that:
142	142	(A) a person cannot coerce or force her to have or
143	143	seek an abortion; and
144	144	(B) the physician cannot perform the abortion
145	145	unless the woman provides her voluntary and informed consent; and
146	146	(2) provide the woman with the coerced abortion form
147	147	described by Section 171.021:
148	148	(A) in both English and Spanish; and
149	149	(B) in a language other than English or Spanish
150	150	if required under Section 171.021(c).
151	151	(b) A physician may not perform an abortion on a woman
152	152	unless, before the abortion, the woman certifies on the coerced
153	153	abortion form described by Section 171.021 that she received from
154	154	the physician the information and materials required by Subsection
155	155	(a).
156	156	(c) If the woman indicates on the coerced abortion form or
157	157	on a form consenting to the procedure or at any time before the
158	158	abortion communicates verbally to the physician or the physician's
159	159	agent that she is being coerced or forced to have or seek an
160	160	abortion or is a victim of human trafficking or the physician is
161	161	otherwise made aware that the woman has indicated she is being
162	162	coerced or forced to have or seek an abortion or is a victim of human
163	163	trafficking, the physician:
164	164	(1) shall report an offense under Section 25.12, Penal
165	165	Code, to local law enforcement and:
166	166	(A) if the woman is a minor, make a report to the
167	167	Department of Family and Protective Services; and
168	168	(B) if the woman indicates that she is a victim of
169	169	human trafficking, report an offense under Section 20A.02, Penal
170	170	Code, to local law enforcement;
171	171	(2) shall provide the information described by Section
172	172	171.015;
173	173	(3) shall provide the woman with access to a telephone
174	174	in a private room; and
175	175	(4) may not perform the abortion until:
176	176	(A) if the woman indicated she was being coerced
177	177	or forced to have or seek an abortion, 72 hours have elapsed:
178	178	(i) since the woman last communicated to
179	179	the physician, through the form or otherwise, that the woman was
180	180	being coerced or forced to have or seek an abortion; or
181	181	(ii) to the best of the physician's
182	182	knowledge, since the woman last communicated to an agent of the
183	183	physician or law enforcement that the woman was being coerced or
184	184	forced to have or seek an abortion;
185	185	(B) the woman provides her voluntary and informed
186	186	consent that the woman states is not a result of coercion; and
187	187	(C) local law enforcement has completed the
188	188	investigation and report required under Section 171.020 and Article
189	189	6.11, Code of Criminal Procedure, and, as applicable, the
190	190	Department of Family and Protective Services has completed an
191	191	investigation under Subchapter D, Chapter 261, Family Code.
192	192	(d) A volunteer for or an employee of a physician or an
193	193	office or facility at which abortions are performed shall
194	194	immediately notify the physician who is to perform an abortion on a
195	195	woman if the woman communicates to the volunteer or employee that
196	196	the woman is being coerced or forced to have or seek an abortion or
197	197	that the woman is a victim of human trafficking.
198	198	(e) The woman on whom the abortion is to be performed may
199	199	withdraw consent to the abortion at any time before the performance
200	200	of the abortion.
201	201	Sec. 171.020. PHYSICIAN'S DUTY TO REPORT COERCION AND HUMAN
202	202	TRAFFICKING; INVESTIGATION AND ASSISTANCE. (a) If a woman claims
203	203	to have been coerced or forced to have or seek an abortion, the
204	204	physician or physician's agent shall immediately report the
205	205	suspected coercion and the name of the individual suspected of
206	206	coercing the woman to the appropriate local law enforcement agency
207	207	and, if the woman is a minor, to the Department of Family and
208	208	Protective Services.
209	209	(b) If a physician or physician's agent has reasonable
210	210	suspicion that a woman is a victim of human trafficking, the
211	211	physician or physician's agent shall report the suspected
212	212	trafficking in the manner provided by Subsection (a).
213	213	(c) The appropriate local law enforcement agency has a duty
214	214	to respond and shall write a report not later than 12 hours after
215	215	notification of the alleged coercion or trafficking under this
216	216	section. A report must be made in response to every notification by
217	217	a physician or physician's agent under this section, regardless of
218	218	whether the law enforcement agency knows that a report about the
219	219	coercion or trafficking was previously made.
220	220	(d) Notwithstanding Sections 261.301 and 261.3015, Family
221	221	Code, the Department of Family and Protective Services shall
222	222	respond not later than 12 hours after notification of the alleged
223	223	coercion or trafficking of a minor under this section.
224	224	(e) The appropriate local law enforcement agency and the
225	225	Department of Family and Protective Services shall:
226	226	(1) investigate each report of suspected coercion or
227	227	trafficking under this section; and
228	228	(2) if warranted, refer the case to the appropriate
229	229	prosecuting authority.
230	230	(f) If the investigation shows that the minor's parent,
231	231	conservator, or guardian is coercing or forcing or attempting to
232	232	coerce or force the minor to have or seek an abortion, the
233	233	Department of Family and Protective Services shall take any
234	234	appropriate action under Title 5, Family Code.
235	235	(g) The fact that a woman has signed a form under Section
236	236	171.021 does not affect:
237	237	(1) the duty of a physician or physician's agent under
238	238	this section; or
239	239	(2) the culpability of a person coercing or forcing a
240	240	woman to have or seek an abortion.
241	241	Sec. 171.021. CONTENTS OF FORM. (a) The department shall
242	242	develop a coerced abortion form to be completed by each woman on
243	243	whom an abortion is performed in this state. The form must include:
244	244	(1) the following title centered on the page in
245	245	boldfaced capital letters in 26-point font or larger: "NOTICE";
246	246	(2) the following statement printed in 16-point font
247	247	or larger: "Texas law prohibits a person, regardless of that
248	248	person's relationship to you (for example, your husband, parent,
249	249	boyfriend, or teacher), from coercing or forcing you to have or seek
250	250	an abortion. You have the right to a telephone in a private room to
251	251	contact any local law enforcement agency to receive protection from
252	252	any actual or threatened physical abuse or violence. Coercing or
253	253	forcing a woman to have or seek an abortion is child abuse if the
254	254	woman is a minor and may be punishable by up to a year in jail and up
255	255	to a $4,000 fine. Human trafficking, including sex trafficking, is
256	256	a violation of the law, and the state can help victims of
257	257	trafficking. Texas law prohibits a physician from performing an
258	258	abortion, including inducing, prescribing for, or otherwise
259	259	providing the means for an abortion, unless you give your voluntary
260	260	and informed consent without coercion or force. Texas law also
261	261	prohibits a physician from performing an abortion against your
262	262	will.";
263	263	(3) the following statements printed in 14-point font
264	264	or larger followed by spaces for the woman and, if the woman is a
265	265	minor, the woman's parent, managing conservator, or guardian, if
266	266	present, to initial:
267	267	(A) "I understand that I have the right to access
268	268	a telephone in a private room to contact a local law enforcement
269	269	agency to receive protection from any actual or threatened physical
270	270	abuse or violence.";
271	271	(B) "I understand that victims of human
272	272	trafficking may receive assistance and resources from this state
273	273	and protection by local law enforcement.";
274	274	(C) "I have been informed in person that no one
275	275	can coerce or force me to have or seek an abortion and that an
276	276	abortion cannot be provided to me unless I provide my freely given,
277	277	voluntary, and informed consent.";
278	278	(D) "I have read the above notice and understand
279	279	that I have legal protection against being coerced or forced to have
280	280	or seek an abortion.";
281	281	(E) "I freely give my voluntary consent to this
282	282	abortion without being coerced or forced."; and
283	283	(F) "I am aware that Texas law defines child
284	284	abuse to include a parent, conservator, or guardian who coerces or
285	285	forces his or her daughter or a child under his or her care to have
286	286	or seek an abortion.";
287	287	(4) spaces for the signature of the woman and, if the
288	288	woman is a minor, the woman's parent, managing conservator, or
289	289	guardian, if present, and the date the form was completed;
290	290	(5) spaces for the license number, area of specialty,
291	291	and signature of the physician who performed the abortion; and
292	292	(6) the telephone number for the National Domestic
293	293	Violence Hotline.
294	294	(b) The department shall provide the form required by
295	295	Subsection (a) in both English and Spanish.
296	296	(c) If the department determines that a substantial number
297	297	of residents in this state speak a primary language other than
298	298	English or Spanish, the department shall provide the form required
299	299	by Subsection (a) in that language. The department shall instruct a
300	300	facility that provides abortions to provide the coerced abortion
301	301	form in a language other than English or Spanish if the department
302	302	determines that a substantial number of residents in the area speak
303	303	a primary language other than English or Spanish.
304	304	Sec. 171.022. PROVISION AND RETENTION OF COERCED ABORTION
305	305	FORM. (a) The department shall provide a copy of this section and
306	306	Sections 171.019-171.021 and the coerced abortion form required by
307	307	Section 171.021 to:
308	308	(1) a physician who becomes newly licensed to practice
309	309	in this state, not later than the 30th day after the date the
310	310	physician receives the license; and
311	311	(2) all physicians licensed to practice in this state,
312	312	not later than December 1 of each year.
313	313	(b) A copy of the coerced abortion form certified by the
314	314	woman shall be placed in the woman's medical file and kept until at
315	315	least the seventh anniversary of the date on which the form was
316	316	signed or, if the woman is a minor, at least until the date the woman
317	317	reaches 20 years of age, whichever is later.
318	318	(c) The woman on whom an abortion is performed shall be
319	319	given a copy of the completed coerced abortion form in person before
320	320	the woman leaves the facility where the abortion is performed.
321	321	Sec. 171.023. SIGN POSTING. (a) An office or facility at
322	322	which abortions are performed shall post the following sign:
323	323	"NOTICE: Texas law prohibits a person, regardless of that person's
324	324	relationship to you (for example, your husband, parent, boyfriend,
325	325	or teacher), from coercing or forcing you to have or seek an
326	326	abortion. You have the right to a telephone in a private room to
327	327	contact any local law enforcement agency to receive protection from
328	328	any actual or threatened physical abuse or violence. Coercing or
329	329	forcing a woman to have or seek an abortion is child abuse if the
330	330	woman is a minor and may be punishable by up to a year in jail and up
331	331	to a $4,000 fine. Human trafficking, including sex trafficking, is
332	332	a violation of the law, and the state can help victims of
333	333	trafficking. Texas law prohibits a physician from performing an
334	334	abortion, including inducing, prescribing for, or otherwise
335	335	providing the means for an abortion, unless you give your voluntary
336	336	and informed consent without coercion or force. Texas law also
337	337	prohibits a physician from performing an abortion against your
338	338	will.".
339	339	(b) The sign described by Subsection (a) must:
340	340	(1) be printed with lettering that is legible and in at
341	341	least two-inch boldfaced type;
342	342	(2) be printed and posted in both English and Spanish,
343	343	as well as any language other than English or Spanish if it is
344	344	likely that a substantial number of the residents in the area speak
345	345	a language other than English or Spanish as their primary language;
346	346	and
347	347	(3) include the telephone number for the National
348	348	Domestic Violence Hotline.
349	349	(c) An office or facility at which abortions are performed
350	350	shall conspicuously post the sign described by Subsection (a) in
351	351	each patient waiting room, each patient consultation room regularly
352	352	used by patients seeking abortions, and the room in which abortions
353	353	are performed or induced.
354	354	(d) If requested by a patient, the office or facility shall
355	355	provide the patient:
356	356	(1) a paper copy of the sign described by Subsection
357	357	(a) in the language preferred by the patient; and
358	358	(2) access to a telephone in a private room.
359	359	SECTION 7. Chapter 25, Penal Code, is amended by adding
360	360	Section 25.12 to read as follows:
361	361	Sec. 25.12. COERCION OF ABORTION. (a) A person commits an
362	362	offense if the person uses coercion to cause a pregnant woman to
363	363	have or seek an abortion, unless:
364	364	(1) the pregnant woman is younger than 18 years of age;
365	365	and
366	366	(2) the actor is the parent, conservator, or guardian
367	367	of the pregnant woman.
368	368	(b) An offense under this section is a Class A misdemeanor.
369	369	(c) A person who in good faith reports to law enforcement
370	370	authorities a suspected offense under Subsection (a) is immune from
371	371	civil liability in an action brought against the person for
372	372	reporting the suspected offense.
373	373	SECTION 8. (a) As soon as practicable after the effective
374	374	date of this Act, the Department of State Health Services shall:
375	375	(1) develop and make available:
376	376	(A) the coerced abortion form required by
377	377	Subchapter B, Chapter 171, Health and Safety Code, as amended by
378	378	this Act, along with instructions for completing the form; and
379	379	(B) the sign required by Section 171.023, Health
380	380	and Safety Code, as added by this Act; and
381	381	(2) revise the informational materials under Section
382	382	171.015, Health and Safety Code, as amended by this Act.
383	383	(b) The executive commissioner of the Health and Human
384	384	Services Commission may identify rules required by the passage of
385	385	this Act that must be adopted on an emergency basis and may use the
386	386	procedures established under Section 2001.034, Government Code,
387	387	for adopting those rules. The executive commissioner is not
388	388	required to make the finding described by Section 2001.034(a),
389	389	Government Code, to adopt emergency rules under this subsection.
390	390	(c) A physician or other person subject to the requirements
391	391	of Sections 171.019, 171.020, 171.021, 171.022, and 171.023, Health
392	392	and Safety Code, as added by this Act, is not required to provide,
393	393	use, or retain the coerced abortion form under Section 171.019,
394	394	171.021, or 171.022, Health and Safety Code, as added by this Act,
395	395	or post the sign required under Section 171.023, Health and Safety
396	396	Code, as added by this Act, before the Department of State Health
397	397	Services develops and makes available the form and the sign.
398	398	(d) A physician is not criminally liable under Section
399	399	171.018, Health and Safety Code, for failing to provide updated
400	400	informational materials under Section 171.015, Health and Safety
401	401	Code, as amended by this Act, failing to provide, use, or retain the
402	402	coerced abortion form under Section 171.019, 171.021, or 171.022,
403	403	Health and Safety Code, as added by this Act, or failing to post the
404	404	sign required under Section 171.023, Health and Safety Code, as
405	405	added by this Act, before the Department of State Health Services
406	406	develops and makes available the revised informational materials,
407	407	the form, or the sign.
408	408	SECTION 9. The changes in law made by this Act apply only to
409	409	an offense under Section 33.002, Family Code, as amended by this
410	410	Act, or Section 25.12, Penal Code, as added by this Act, committed
411	411	on or after September 1, 2017. An offense committed before
412	412	September 1, 2017, is governed by the law in effect on the date the
413	413	offense was committed, and the former law is continued in effect for
414	414	that purpose. For purposes of this section, an offense was
415	415	committed before September 1, 2017, if any element of the offense
416	416	occurred before that date.
417	417	SECTION 10. This Act takes effect immediately if it
418	418	receives a vote of two-thirds of all the members elected to each
419	419	house, as provided by Section 39, Article III, Texas Constitution.
420	420	If this Act does not receive the vote necessary for immediate
421	421	effect, this Act takes effect September 1, 2017.