Texas House Bill HB2709

Texas 2023 - 88th Regular

• Filed: 2/23/23

Caption

Relating to the protection of an unborn child's rights and criminal liability and justification for prohibited conduct.

Impact

The provisions introduced by HB 2709 are significant as they carry implications for various laws relating to abortion, parental rights, and criminal justice concerning the protection of unborn children. By reclassifying unborn children as individuals under the law, the bill potentially increases the legal consequences for individuals who cause harm to an unborn child. By establishing 'certain medical procedures' that are permissible under the law during the course of care for a pregnant woman, the bill aims to provide a framework within which medical professionals can operate while ensuring legal protections.

Summary

House Bill 2709 seeks to amend the Texas Penal Code to expand the definition of an 'individual' to include unborn children at all stages of development, from fertilization until birth. This bill aims to enhance the protection of unborn children's rights and establishes criminal liabilities for actions resulting in harm to them. Specifically, it modifies existing legal definitions and creates new sections to address the treatment of unborn victims under the law. Additionally, the bill includes provisions that clarify when certain medical procedures may be legally justified in relation to the health of a pregnant individual and their unborn child.

Sentiment

The sentiment surrounding HB 2709 appears to be contentious, reflecting a divide in opinions regarding the ethical and legal status of unborn children. Proponents of the bill, often from conservative factions, argue that providing legal recognition to unborn children is essential for safeguarding their rights and upholding moral standards regarding life. Conversely, opponents may view the expansion of rights to unborn children as a potential infringement on women's reproductive rights, highlighting concerns about the implications for abortion access and women's autonomy over their healthcare decisions.

Contention

Key points of contention regarding HB 2709 center on the balance between protecting unborn life and preserving women's reproductive rights. Advocates claim the bill strengthens the legal framework to protect the rights of unborn children, while critics argue that it could lead to restrictive laws affecting women's healthcare choices. Furthermore, the bill's provision that certain medical procedures may be justified under specific circumstances may raise complex legal questions about liability for health professionals and the potential for unintended consequences under the expanded definitions.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 1. General Provisions
  • Section: New Section

• Chapter 9. Justification Excluding Criminal Responsibility
  • Section: New Section

• Chapter 19. Criminal Homicide
  • Section: 06

• Chapter 22. Assaultive Offenses
  • Section: 12

Civil Practice And Remedies Code

• Chapter 71. Wrongful Death; Survival; Injuries Occurring Out Of State
  • Section: New Section