Texas Senate Bill SB1204

Texas 2025 - 89th Regular

• Filed: 2/10/25

Caption

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

Impact

The implications of SB1204 on Texas law extend significantly into both civil and criminal areas. The legislation amends existing statutes in the Penal Code and Civil Practice and Remedies Code to ensure that acts performed by a mother or licensed healthcare providers, under specified conditions, would not constitute a criminal offense or a basis for civil penalties. By outlining what constitutes lawful medical procedures that may unintentionally lead to the death of an unborn child, the bill seeks to safeguard practitioners from liability provided they follow the stipulated guidelines of patient care.

Summary

SB1204, known as the Unborn Child's Rights Act, addresses the civil and criminal liability associated with conduct concerning unborn children. The bill establishes specific definitions regarding the rights of unborn children, stating that an unborn child is recognized as an individual from fertilization until birth. The legislation clarifies the circumstances under which medical procedures may be justified, particularly those that result in the death of an unborn child. By introducing the concept of justification for certain medical procedures, the bill aims to provide a protective framework for healthcare providers operating under the constraints of potential legal repercussions when managing pregnancies.

Contention

Despite its intent, SB1204 is likely to fuel debates around reproductive rights and access to healthcare. Proponents of the bill argue that it protects the rights of unborn children and ensures that medical professionals can perform necessary procedures without fear of legal consequences. Opponents, however, may challenge the implications of defining an unborn child as an individual, which could lead to restricting women's rights and access to abortions or necessary health interventions. This balancing act between protecting unborn rights and preserving women's healthcare rights presents a contentious point of discussion among lawmakers and advocacy groups.

Last_action

The bill was filed on February 10, 2025, and is awaiting further review and potential amendments within the legislative process.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

• Chapter 1. General Provisions
  • Section: New Section

Penal Code

• Chapter 1. General Provisions
  • Section: New Section

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

• Chapter 22. Assaultive Offenses
  • Section: 12