Bill Summary – FastDemocracy

   
      88(R) SB 2198 - Introduced version - Bill Text
      
            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.
         
Statutes affected: 
Introduced: Penal Code 1.07 (Penal Code 1)



	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.