H.B. No. 2197 aims to enhance the legal protections for unborn children in Texas by recognizing them as individuals with rights from the moment of fertilization. The bill proposes to amend the Penal Code to define "individual" as a human being who is alive, including unborn children at every stage of development. It also introduces new sections that ensure the provisions of the Penal Code apply equally to offenses against unborn children and those born alive, while excluding unintentional injuries or deaths resulting from lifesaving procedures for pregnant mothers or spontaneous miscarriages. Additionally, the bill seeks to repeal existing laws that could be interpreted as permitting prenatal homicide or coercing a pregnant mother into obtaining an abortion.
The bill includes specific amendments to various sections of the Penal Code and the Civil Practice and Remedies Code, such as the repeal of Section 71.003(c) and Sections 19.06 and 22.12 of the Penal Code. These changes are intended to clarify the legal framework surrounding the rights of unborn children and the responsibilities of individuals regarding their protection. The effective date for these changes is set for September 1, 2025, and the bill stipulates that offenses committed before this date will be governed by the laws in effect at that time.
Statutes affected: Introduced: Penal Code 1.07, Civil Practice and Remedies Code 71.003 (Civil Practice and Remedies Code 71, Penal Code 1)