88R10430 JG-F
By: Hall S.B. No. 2198
A BILL TO BE ENTITLED
AN ACT
relating to the protection of an unborn child's rights and criminal
liability and justification for prohibited conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1.07(a)(26), Penal Code, is amended to
read as follows:
(26) "Individual" means a human being who is alive,
including an unborn child at every stage of development [gestation]
from fertilization until birth.
SECTION 2. Chapter 1, Penal Code, is amended by adding
Section 1.11 to read as follows:
Sec. 1.11. APPLICABILITY OF CODE PROVISIONS TO UNBORN
VICTIMS. The provisions of this code apply equally to a violation
committed against any victim, regardless of whether the victim is
an unborn child or an individual who was born alive.
SECTION 3. Subchapter B, Chapter 9, Penal Code, is amended
by adding Section 9.23 to read as follows:
Sec. 9.23. CERTAIN MEDICAL PROCEDURES. Conduct is
justified if the conduct charged is a lawful medical procedure:
(1) performed by a licensed physician;
(2) performed on a pregnant female to avert the death
of the pregnant female;
(3) that results in the accidental or unintentional
death of the unborn child the pregnant female is carrying; and
(4) performed when reasonable alternatives to save the
life of the unborn child:
(A) are unavailable; or
(B) were attempted unsuccessfully before the
performance of the medical procedure.
SECTION 4. The following provisions are repealed:
(1) Section 71.003(c), Civil Practice and Remedies
Code;
(2) Section 19.06, Penal Code; and
(3) Section 22.12, Penal Code.
SECTION 5. The changes in law made by this Act apply only to
conduct that occurs on or after the effective date of this Act.
Conduct that occurs before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and that law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2023.