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A BILL TO BE ENTITLED
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AN ACT
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relating to abortion, including civil liability for distribution of |
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abortion-inducing drugs and duties of Internet service providers; |
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creating a criminal offense; authorizing a private civil right of |
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action. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Women and Child |
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Safety Act. |
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SECTION 2. The legislature finds that: |
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(1) human life begins at fertilization; |
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(2) abortion is a murderous act of violence that |
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purposefully and knowingly terminates a human life in the womb; |
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(3) unborn human beings are entitled to the full and |
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equal protection of the laws that prohibit violence against other |
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human beings; |
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(4) the United States Supreme Court's ruling in Dobbs |
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v. Jackson Women's Health Organization, No. 19-1392 (U.S. June 24, |
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2022), correctly overruled the lawless and unconstitutional |
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pronouncements in Roe v. Wade, 410 U.S. 113 (1973) and Planned |
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Parenthood of Southern Pennsylvania v. Casey, 505 U.S. 833 (1992), |
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which had invented and perpetuated a supposed constitutional right |
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to abortion that cannot be found anywhere in the text of the United |
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States Constitution; |
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(5) so-called abortion funds that operate in this |
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state have been funding and otherwise aiding or abetting criminal |
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abortions performed in violation of the laws of this state, |
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exposing themselves and each of their donors to felony criminal |
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prosecution; |
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(6) the abortion funds and their donors are not and |
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never were protected by an injunction in any abortion-related case |
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because they are not parties to those cases, and there has never |
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been an injunction that restrains a state official from prosecuting |
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abortion funds and their donors who aided or abetted abortions |
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performed in violation of the laws of this state; |
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(7) the abortion funds and their donors are not and |
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never were protected from criminal prosecution by Roe v. Wade, 410 |
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U.S. 113 (1973), because: |
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(A) there is no constitutional right to pay for |
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another person's abortion; |
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(B) abortion funds and their donors lack |
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third-party standing to assert the supposed constitutional rights |
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of women seeking abortions; and |
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(C) any immunity from prosecution that the |
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abortionist might have enjoyed on account of Roe does not preclude |
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the imposition of accomplice liability on abortion funds and their |
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donors; |
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(8) it is a federal crime to mail abortion-inducing |
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drugs or to receive them in the mail, punishable by five years |
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imprisonment, under 18 U.S.C. Section 1461; |
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(9) it is also a federal crime to transport |
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abortion-inducing drugs in interstate or foreign commerce under 18 |
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U.S.C. Section 1462(c); |
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(10) these federal statutes are fully enforceable now |
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that Roe has been overruled, and the statute of limitations for each |
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of these crimes is five years; |
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(11) violations of 18 U.S.C. Sections 1461-1462 are |
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predicate offenses under the federal Racketeer Influenced and |
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Corrupt Organizations Act (18 U.S.C. Section 1961 et seq.), which |
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exposes distribution networks of abortion-inducing drugs and their |
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donors to civil racketeering liability as well as criminal |
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prosecution as a racketeering enterprise under federal law; |
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(12) the legislature calls on the attorney general and |
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each district attorney in this state to investigate and prosecute |
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abortion funds and each of their donors for aiding or abetting |
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criminal abortion in this state in violation of the laws of this |
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state; and |
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(13) the legislature calls on state and federal |
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prosecutors in this state to investigate and prosecute every |
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| Statutes affected:
Introduced: Penal Code 71.02 (Penal Code 71)