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 provisions to violations against unborn children, ensuring they are treated equally under the law as individuals who are born alive.
Furthermore, the bill modifies existing laws to remove certain defenses for conduct that results in the death of an unborn child, particularly those involving the mother or lawful medical procedures. It specifies that conduct is justified if it is a lawful medical procedure performed by a licensed physician to avert the death of the pregnant woman, even if it results in the unintentional death of the unborn child. The bill also clarifies that the changes in law will apply only to offenses committed after its effective date, with specific provisions for causes of action that accrue after the bill's enactment.
Statutes affected: Introduced: Civil Practice and Remedies Code 71.003, Penal Code 1.07, Penal Code 19.06, Penal Code 22.12 (Penal Code 22, Civil Practice and Remedies Code 71, Penal Code 19, Penal Code 1)