The bill, S.B. No. 1204, seeks to establish and clarify the rights of unborn children in Texas, as well as the civil and criminal liabilities associated with actions that may harm them. Key amendments include the definition of "individual" in the Penal Code to encompass unborn children at all stages of development, from fertilization until birth. Additionally, the bill introduces a new section that asserts the applicability of the Penal Code to violations against unborn children, ensuring that they are afforded the same legal protections as individuals who are born alive.

Furthermore, the bill modifies existing provisions regarding the death of an unborn child, removing specific exemptions for claims against the mother and licensed healthcare providers in certain circumstances. It introduces a new justification for lawful medical procedures that may unintentionally result in the death of an unborn child, provided that the procedure was necessary to avert the mother's death and that reasonable alternatives were unavailable or unsuccessful. The changes in law will apply only to offenses committed after the effective date of the Act, with specific provisions for causes of action that accrue thereafter.

Statutes affected:
Introduced: Civil Practice and Remedies Code 71.003, Penal Code 1.07, Penal Code 19.06, Penal Code 22.12 (Civil Practice and Remedies Code 71, Penal Code 22, Penal Code 19, Penal Code 1)