| 1 | 1 | | 87S30152 SCL-D |
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| 2 | 2 | | By: Menéndez, et al. S.B. No. 44 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to sexual assault and incest exceptions to the prohibition |
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| 8 | 8 | | on abortion after the detection of a fetal heartbeat. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. The heading to Section 171.205, Health and |
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| 11 | 11 | | Safety Code, is amended to read as follows: |
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| 12 | 12 | | Sec. 171.205. EXCEPTIONS [EXCEPTION FOR MEDICAL |
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| 13 | 13 | | EMERGENCY]; RECORDS. |
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| 14 | 14 | | SECTION 2. Section 171.205, Health and Safety Code, is |
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| 15 | 15 | | amended by adding Subsections (a-1) and (b-1) and amending |
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| 16 | 16 | | Subsection (c) to read as follows: |
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| 17 | 17 | | (a-1) Sections 171.203 and 171.204 do not apply to an |
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| 18 | 18 | | abortion of a pregnancy that is a result of a sexual assault in |
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| 19 | 19 | | violation of Section 22.011 or 22.021, Penal Code, or of conduct |
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| 20 | 20 | | constituting an offense under Section 25.02, Penal Code. |
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| 21 | 21 | | (b-1) A physician who performs or induces an abortion |
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| 22 | 22 | | described by Subsection (a-1) shall make a written notation of the |
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| 23 | 23 | | exception in the pregnant woman's medical file. |
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| 24 | 24 | | (c) A physician performing or inducing an abortion under |
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| 25 | 25 | | this section shall maintain in the physician's practice records a |
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| 26 | 26 | | copy of the notations made under Subsection (b) or (b-1), as |
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| 27 | 27 | | applicable. |
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| 28 | 28 | | SECTION 3. Section 171.205, Health and Safety Code, as |
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| 29 | 29 | | amended by this Act, applies only to an abortion performed or |
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| 30 | 30 | | induced on or after the effective date of this Act. |
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| 31 | 31 | | SECTION 4. This Act takes effect immediately if it receives |
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| 32 | 32 | | a vote of two-thirds of all the members elected to each house, as |
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| 33 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 34 | 34 | | Act does not receive the vote necessary for immediate effect, this |
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| 35 | 35 | | Act takes effect on the 91st day after the last day of the |
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| 36 | 36 | | legislative session. |
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