Texas House Bill HB2197

Texas 2025 - 89th Regular

• Filed: 1/29/25

Caption

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

Impact

If enacted, HB 2197 would have significant implications for state laws by criminalizing actions that result in the death or injury of an unborn child, equating those actions with existing statutes regarding assault and homicide. Specifically, the bill repeals laws that allow abortion under certain circumstances and introduces new penalties for crimes against unborn children. Moreover, the bill outlines exceptions for unintentional harm due to lifesaving procedures and spontaneous miscarriages, which is intended to alleviate some concerns regarding unintended consequences faced by healthcare providers.

Summary

House Bill 2197 relates to the legal recognition and protection of unborn children, asserting that they are entitled to the same rights and legal protections as individuals who have been born. The bill aims to amend current Texas law by defining 'individual' to include unborn children from the moment of fertilization, thus extending both civil and criminal laws to protect preborn children against acts of violence. This is positioned as a move to recognize the sanctity of life and ensure that unborn children have equal protection under the law as enjoyed by living individuals. Proponents of the bill believe it reinforces the value of human life from conception onward.

Contention

The introduction of HB 2197 has sparked significant debate among lawmakers and advocacy groups. Supporters argue that the bill reflects a moral obligation to protect life at all stages of development and enhances the legal framework surrounding unborn children’s rights. Conversely, opponents contend that it may infringe upon women's reproductive rights and complicate legal protections surrounding pregnancy. They raise concerns that it could lead to increased criminal liability for healthcare professionals and create challenges for women facing difficult pregnancy decisions. The potential for misinterpretation of the law and its implications for prenatal care has also been a focal point of contention in discussions surrounding this legislation.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 1. General Provisions
  • Section: New Section

• Chapter 19. Criminal Homicide
  • Section: New Section

• Chapter 22. Assaultive Offenses
  • Section: New Section

Civil Practice And Remedies Code

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