The bill, H.B. No. 2843, introduces Chapter 98C to the Civil Practice and Remedies Code, establishing civil liability for defendants who commit sexual assault resulting in a pregnancy that is carried to term. It defines "sexual assault" in accordance with Section 22.011 of the Penal Code and stipulates that a defendant can be held liable for damages related to the pregnancy, including medical expenses, loss of income, and noneconomic damages such as mental anguish. Notably, the bill specifies that it is not a defense for the defendant if they have been acquitted or not prosecuted for the sexual assault.
Additionally, the bill clarifies that the cause of action created under this chapter is cumulative, allowing claimants to pursue other remedies available under common law or statute, including child support. The provisions of Chapter 98C will apply only to causes of action that accrue on or after the effective date of the Act, which is set for September 1, 2025.
Statutes affected: Introduced: ()