Bill letting sexual assault survivors sue over a pregnancy

The text as introduced · 394 words

89R13130 AMF-F

By: Zwiener
H.B. No. 2843

A BILL TO BE ENTITLED

AN ACT

relating to civil liability for sexual assault resulting in a

pregnancy carried to term.

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

SECTION 1. Title 4, Civil Practice and Remedies Code, is

amended by adding Chapter 98C to read as follows:

CHAPTER 98C. LIABILITY FOR SEXUAL ASSAULT RESULTING IN PREGNANCY

Sec. 98C.001. DEFINITION. In this chapter, "sexual

assault" means conduct described by Section 22.011, Penal Code.

Sec. 98C.002. LIABILITY FOR SEXUAL ASSAULT RESULTING IN

PREGNANCY. (a) A defendant who commits an act of sexual assault is

liable to the victim of the sexual assault, as provided by this

chapter, for damages arising out of a pregnancy resulting from the

sexual assault if the victim carries the pregnancy to term.

(b) It is not a defense to liability under this chapter that

a defendant has been acquitted or has not been prosecuted or

convicted under Section 22.011, Penal Code, or has been convicted

of a different offense or of a different type of offense, for the

conduct that is alleged to give rise to liability under this

chapter.

Sec. 98C.003. DAMAGES. (a) A claimant who prevails in an

action brought under this chapter is entitled to recover actual

damages related to the pregnancy, the birth, and the care of the

child, including:

(1) medical expenses, including prenatal care,

delivery costs, and postnatal care;

(2) loss of income, wages, or earning capacity;

(3) any other economic damages related to the

pregnancy, birth, or care of the child; and

(4) noneconomic damages, as defined by Section 41.001.

(b) Noneconomic damages, including damages for mental

anguish and physical and emotional pain and suffering, may be

awarded to a claimant who prevails in an action brought under this

chapter regardless of whether economic damages are awarded to the

claimant.

Sec. 98C.004. CAUSE OF ACTION CUMULATIVE. The cause of

action created by this chapter is cumulative of any other remedy

provided by common law or statute, including the ability to seek

payments for support of a child under Chapter 154, Family Code.

SECTION 2. Chapter 98C, Civil Practice and Remedies Code,

as added by this Act, applies only to a cause of action that accrues

on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.