The bill, S.B. No. 1204, aims 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 states the provisions of the Penal Code apply equally to violations against unborn children and those who are born alive. It also specifies that certain medical procedures performed by licensed physicians, which may result in the unintentional death of an unborn child, are justified under specific circumstances.

The bill modifies existing laws by removing certain exemptions for claims related to the death of an unborn child, particularly those involving the mother or licensed healthcare providers performing lawful medical procedures. It also establishes that the law does not apply to conduct against an unborn child if it is committed by the mother or is part of a lawful medical procedure. The changes will only apply to offenses committed after the bill's effective date, ensuring that prior offenses are governed by the laws in effect at the time they were committed. The bill is set to take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that threshold is not met.

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 19, Penal Code 1, Penal Code 22)