homicide and assault laws reach an unborn child from fertilization

The text as introduced · 765 words

89R10089 JG-F

By: Money
H.B. No. 2197

A BILL TO BE ENTITLED

AN ACT

relating to the protection of an unborn child's rights and criminal

liability and justification for prohibited conduct.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Acknowledging the sanctity of innocent human

life created in the image of God, the purposes of this Act are to:

(1) follow the United States Constitution, which

provides that "[n]o State shall . . . deny to any person within its

jurisdiction the equal protection of the laws";

(2) protect the lives of preborn children with the

same criminal and civil laws protecting the lives of human beings

born alive by repealing laws that permit wilful prenatal homicide

and assault;

(3) repeal laws that could be interpreted as allowing

a person to pressure a pregnant mother to obtain an abortion; and

(4) secure the right to life and equal protection of

the laws for all preborn children from the moment of fertilization

and to protect pregnant mothers.

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 19, Penal Code, is amended by adding

Section 19.07 to read as follows:

Sec. 19.07. APPLICABILITY OF CHAPTER TO UNBORN VICTIMS.

(a) The provisions of this chapter apply equally to an offense

committed against any victim, regardless of whether the victim is

an unborn child or an individual who was born alive.

(b) The provisions of this chapter do not apply to the

unintentional injury or death of an unborn child resulting from:

(1) lifesaving procedures undertaken to save the life

of a pregnant mother when accompanied by reasonable and available

steps to save the life of the mother's unborn child; or

(2) a spontaneous miscarriage.

SECTION 4. Chapter 22, Penal Code, is amended by adding

Section 22.13 to read as follows:

Sec. 22.13. APPLICABILITY OF CHAPTER TO UNBORN VICTIMS.

(a) The provisions of this chapter apply equally to an offense

committed against any victim, regardless of whether the victim is

an unborn child or an individual who was born alive.

(b) The provisions of this chapter do not apply to the

unintentional injury or death of an unborn child resulting from:

(1) lifesaving procedures undertaken to save the life

of a pregnant mother when accompanied by reasonable and available

steps to save the life of the mother's unborn child; or

(2) a spontaneous miscarriage.

SECTION 5. Section 71.003, Civil Practice and Remedies

Code, is amended by adding Subsection (c-1) to read as follows:

(c-1) This subchapter does not apply to the unintentional

injury or death of an unborn child resulting from:

(1) lifesaving procedures undertaken to save the life

of a pregnant mother when accompanied by reasonable and available

steps to save the life of the mother's unborn child; or

(2) a spontaneous miscarriage.

SECTION 6. The following provisions are repealed:

(1) Section 71.003(c), Civil Practice and Remedies

Code;

(2) Section 19.06, Penal Code; and

(3) Section 22.12, Penal Code.

SECTION 7. (a) The changes in law made by this Act to the

Penal Code 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 when the

offense was committed, and the former law is continued in effect for

that purpose. For purposes of this section, an offense is committed

before the effective date of this Act if any element of the offense

occurs before the effective date.

(b) Except as otherwise provided by Subsection (c) of this

section, Section 71.003, Civil Practice and Remedies Code, as

amended by this Act, applies only to conduct that occurs on or after

the effective date of this Act. Conduct that occurs before the

effective date of this Act is governed by the law in effect

immediately before the effective date of this Act, and that law is

continued in effect for that purpose.

(c) The repeal by this Act of Section 71.003(c), Civil

Practice and Remedies Code, 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 September 1, 2025.