| 1 | 1 | | 88R10430 JG-F |
|---|
| 2 | 2 | | By: Hall S.B. No. 2198 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the protection of an unborn child's rights and criminal |
|---|
| 8 | 8 | | liability and justification for prohibited conduct. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 1.07(a)(26), Penal Code, is amended to |
|---|
| 11 | 11 | | read as follows: |
|---|
| 12 | 12 | | (26) "Individual" means a human being who is alive, |
|---|
| 13 | 13 | | including an unborn child at every stage of development [gestation] |
|---|
| 14 | 14 | | from fertilization until birth. |
|---|
| 15 | 15 | | SECTION 2. Chapter 1, Penal Code, is amended by adding |
|---|
| 16 | 16 | | Section 1.11 to read as follows: |
|---|
| 17 | 17 | | Sec. 1.11. APPLICABILITY OF CODE PROVISIONS TO UNBORN |
|---|
| 18 | 18 | | VICTIMS. The provisions of this code apply equally to a violation |
|---|
| 19 | 19 | | committed against any victim, regardless of whether the victim is |
|---|
| 20 | 20 | | an unborn child or an individual who was born alive. |
|---|
| 21 | 21 | | SECTION 3. Subchapter B, Chapter 9, Penal Code, is amended |
|---|
| 22 | 22 | | by adding Section 9.23 to read as follows: |
|---|
| 23 | 23 | | Sec. 9.23. CERTAIN MEDICAL PROCEDURES. Conduct is |
|---|
| 24 | 24 | | justified if the conduct charged is a lawful medical procedure: |
|---|
| 25 | 25 | | (1) performed by a licensed physician; |
|---|
| 26 | 26 | | (2) performed on a pregnant female to avert the death |
|---|
| 27 | 27 | | of the pregnant female; |
|---|
| 28 | 28 | | (3) that results in the accidental or unintentional |
|---|
| 29 | 29 | | death of the unborn child the pregnant female is carrying; and |
|---|
| 30 | 30 | | (4) performed when reasonable alternatives to save the |
|---|
| 31 | 31 | | life of the unborn child: |
|---|
| 32 | 32 | | (A) are unavailable; or |
|---|
| 33 | 33 | | (B) were attempted unsuccessfully before the |
|---|
| 34 | 34 | | performance of the medical procedure. |
|---|
| 35 | 35 | | SECTION 4. The following provisions are repealed: |
|---|
| 36 | 36 | | (1) Section 71.003(c), Civil Practice and Remedies |
|---|
| 37 | 37 | | Code; |
|---|
| 38 | 38 | | (2) Section 19.06, Penal Code; and |
|---|
| 39 | 39 | | (3) Section 22.12, Penal Code. |
|---|
| 40 | 40 | | SECTION 5. The changes in law made by this Act apply only to |
|---|
| 41 | 41 | | conduct that occurs on or after the effective date of this Act. |
|---|
| 42 | 42 | | Conduct that occurs before the effective date of this Act is |
|---|
| 43 | 43 | | governed by the law in effect immediately before the effective date |
|---|
| 44 | 44 | | of this Act, and that law is continued in effect for that purpose. |
|---|
| 45 | 45 | | SECTION 6. This Act takes effect September 1, 2023. |
|---|