The bill amends the Health and Safety Code to introduce exceptions to existing laws prohibiting abortion, specifically addressing cases where a pregnancy results from sexual assault. A new subsection (b-1) is added to Section 170A.002, stating that if a pregnant patient indicates their pregnancy resulted from sexual assault, it serves as an exception to the application of certain prohibitions. Importantly, this subsection clarifies that the patient is not required to file a police report, provide forensic evidence, or pursue prosecution of the alleged offense. Additionally, the heading of Section 171.205 is changed to "EXCEPTIONS" from "EXCEPTION FOR MEDICAL EMERGENCY," and a new subsection (a-1) is added to clarify that certain sections do not apply to abortions performed under the exceptions provided by Section 170A.002.
The bill also makes several amendments to existing sections regarding the legal implications of abortion. It specifies that the subchapter cannot be interpreted to authorize legal action against a pregnant patient for undergoing an abortion in violation of the subchapter. Furthermore, it repeals Chapter 6-1/2 of Title 71, Revised Statutes, which previously regulated abortion. The bill is set to take effect immediately upon receiving a two-thirds vote from both houses of the legislature or on September 1, 2025, if that vote is not achieved.
Statutes affected: Introduced: Health and Safety Code 171.205, Health and Safety Code 171.206, Health and Safety Code 171.207 (Health and Safety Code 171)