Texas Senate Bill SB23

Texas 2019 - 86th Regular

Caption

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.