Hall Bill Ends Exceptions For Doctors, Pharmacists And Fertility Care

The text as introduced · 889 words

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.