SB1204 - Relating to an unborn child's rights and the civil and criminal liability and justification for prohibited conduct regarding an unborn child.

  89R12105 JG-F     By: Hall S.B. No. 1204       A BILL TO BE ENTITLED   AN ACT   relating to an unborn child's rights and the civil and criminal   liability and justification for prohibited conduct regarding an   unborn child.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 71.003(c), Civil Practice and Remedies   Code, is amended to read as follows:          (c)  This subchapter does not apply to a claim for the death   of an individual who is an unborn child that is brought against[ :                [ (1) ]  the mother of the unborn child[ ;                [ (2)     a physician or other licensed health care   provider, if the death is the intended result of a lawful medical   procedure performed by the physician or health care provider with   the requisite consent;                [ (3)     a person who dispenses or administers a drug in   accordance with law, if the death is the result of the dispensation   or administration of the drug; or                [ (4)     a physician or other health care provider   licensed in this state, if the death directly or indirectly is   caused by, associated with, arises out of, or relates to a lawful   medical or health care practice or procedure of the physician or the   health care provider ].          SECTION 2.  Section 1.07(a)(26), Penal Code, is amended to   read as follows:                (26)  "Individual" means a human being who is alive,   including an unborn child at every stage of development [ gestation ]   from fertilization until birth.          SECTION 3.  Chapter 1, Penal Code, is amended by adding   Section 1.11 to read as follows:           Sec.   1.11.     APPLICABILITY OF CODE PROVISIONS TO UNBORN   VICTIMS. The provisions of this code apply equally to a violation   committed against any victim, regardless of whether the victim is   an unborn child or an individual who was born alive.          SECTION 4.  Subchapter B, Chapter 9, Penal Code, is amended   by adding Section 9.23 to read as follows:           Sec.   9.23.     CERTAIN MEDICAL PROCEDURES.   Conduct is   justified if the conduct charged is a lawful medical procedure   that:                 (1)  was performed by a licensed physician;                 (2)     was performed on a pregnant female to avert the   death of the pregnant female;                 (3)     resulted in the accidental or unintentional death   of the unborn child the pregnant female is carrying; and                 (4)     was performed when reasonable alternatives to save   the life of the unborn child were:                       (A)  unavailable; or                       (B)     attempted unsuccessfully before the   performance of the medical procedure.          SECTION 5.  Section 19.06, Penal Code, is amended to read as   follows:          Sec. 19.06.  APPLICABILITY TO CERTAIN CONDUCT. This chapter   does not apply to the death of an unborn child if the conduct   charged is[ :                [ (1) ]  conduct committed by the mother of the unborn   child[ ;                [ (2)     a lawful medical procedure performed by a   physician or other licensed health care provider with the requisite   consent, if the death of the unborn child was the intended result of   the procedure;                [ (3)     a lawful medical procedure performed by a   physician or other licensed health care provider with the requisite   consent as part of an assisted reproduction as defined by Section   160.102, Family Code; or                [ (4)     the dispensation of a drug in accordance with law   or administration of a drug prescribed in accordance with law ].          SECTION 6.  Section 22.12, Penal Code, is amended to read as   follows:          Sec. 22.12.  APPLICABILITY TO CERTAIN CONDUCT. This chapter   does not apply to conduct charged as having been committed against   an individual who is an unborn child if the conduct is[ :                [ (1) ]  committed by the mother of the unborn child[ ;                [ (2)     a lawful medical procedure performed by a   physician or other health care provider with the requisite consent;                [ (3)     a lawful medical procedure performed by a   physician or other licensed health care provider with the requisite   consent as part of an assisted reproduction as defined by Section   160.102, Family Code; or                [ (4)     the dispensation of a drug in accordance with law   or administration of a drug prescribed in accordance with law ].          SECTION 7.  (a)  Except as otherwise provided by Subsection   (b) of this section, the changes in law made by this Act apply only   to an offense committed on or after the effective date of this Act.     An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose.  For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          (b)  Section 71.003(c), Civil Practice and Remedies Code, as   amended by this Act, applies only to a cause of action that accrues   on or after the effective date of this Act.  A cause of action that   accrues before the effective date of this Act is governed by the law   as it existed immediately before the effective date of this Act, and   that law is continued in effect for that purpose.          SECTION 8.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.