Relating to enforcement of the rights of a living child born after an abortion; creating a civil cause of action; creating a criminal offense.
Impact
If enacted, SB23 would amend existing statutes in the Texas Family Code, explicitly creating a civil cause of action and establishing a third-degree felony for physicians who do not provide necessary care to children born alive following an abortion attempt. This change aims to enforce stricter adherence to care standards among medical practitioners and highlights the state's commitment to protecting fetal rights beyond abortion terminus.
Summary
Senate Bill 23 (SB23) addresses the rights of a living child born after an abortion or attempted abortion. It seeks to ensure that such children receive the same level of care from physicians as any other living child would at the same gestational age. The bill establishes a legal framework for holding physicians accountable if they fail to provide appropriate medical treatment to these newborns, including imposing potential civil and criminal penalties for non-compliance.
Sentiment
The sentiment surrounding SB23 is deeply divided along ideological lines. Proponents view the bill as a necessary measure to safeguard the lives of infants, strengthening legal protections for newborns. Opponents argue that such laws could undermine reproductive rights and create additional legal complexities for healthcare providers involved in abortion services. The discussions reveal a broader debate on the balance between fetal rights and women's reproductive autonomy.
Contention
Notably, one point of contention involves the implications for medical practitioners who may face criminal charges for failing to provide care to infants in ambiguous medical situations. The bill's critics express concern that this measure could lead to a chilling effect on physicians, particularly in the context of their medical judgment concerning maternal health and abortion care. The introduction of the civil penalties further complicates the landscape, as those who are aware of non-compliance are mandated to report it to the Attorney General, thus raising questions about confidentiality and the physician-patient relationship.
Similar To
Relating to the enforcement of the rights of a living unborn child after an abortion; providing a civil penalty; creating a criminal offense.
Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.
Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.
Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.
Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.
Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.
Relating to the creation of the criminal offense of improper entry from a foreign nation and indemnification of certain claims relating to the enforcement of that offense.
Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.
Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.
Relating to the procedure for removing certain prosecuting attorneys for their policies on the enforcement of criminal offenses; providing a private cause of action.