S.B. No. 319




AN ACT



relating to the death of or injury to an unborn child;
providing penalties.


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



ARTICLE 1.  CIVIL REMEDIES



	SECTION 1.01.  Section 71.001, Civil Practice and Remedies
Code, is amended by adding Subdivisions (3) and (4)
to read as follows:


		(3)  "Death" includes, for an individual who is an
unborn child, the failure to be born alive.


		(4)  "Individual" includes an unborn child at every
stage of gestation from fertilization until birth.


	SECTION 1.02.  Section 71.003, Civil Practice and Remedies
Code, is amended to read as follows:


	Sec. 71.003.  APPLICATION; CERTAIN CONDUCT EXCEPTED.
 (a)  This subchapter applies only if the individual
injured would have been entitled to bring an action
for the injury if the individual [he]
had lived or had been born alive.


	(b)  This subchapter applies whether the injury occurs
inside or outside this state.


	(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 1.03.  Subchapter A, Chapter 71, Civil Practice
and Remedies Code, is amended by adding Section 71.0055
to read as follows:


	Sec. 71.0055.  EVIDENCE OF PREGNANCY.  In an action
under this subchapter for the death of an individual
who is an unborn child, the plaintiff shall provide
medical or other evidence that the mother of the individual
was pregnant at the time of the individual's death.


	SECTION 1.04.  The changes in law made by this article
apply 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.



ARTICLE 2.  CRIMINAL PENALTIES



	SECTION 2.01.  Subsection (a), Section 1.07, Penal Code,
is amended by amending Subdivision (26) and adding
Subdivision (49) to read as follows:


		(26)  "Individual" means a human being who [has
been born and] is alive, including an unborn
child at every stage of gestation from fertilization
until birth.


		(49)  "Death" includes, for an individual who is
an unborn child, the failure to be born alive.


	SECTION 2.02.  Chapter 19, Penal Code, is amended by
adding Section 19.06 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 2.03.  Section 20.01, Penal Code, is amended
by adding Subdivisions (4) and (5) to read as follows:


		(4)  "Person" means an individual, corporation, or
association.


		(5)  Notwithstanding Section 1.07, "individual" means
a human being who has been born and is alive.


	SECTION 2.04.  Chapter 22, Penal Code, is amended by
adding Section 22.12 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 2.05.  Chapter 49, Penal Code, is amended by
adding Section 49.12 to read as follows:


	Sec. 49.12.  APPLICABILITY TO CERTAIN CONDUCT.  Sections
49.07 and 49.08 do not apply to injury to or the death
of an unborn child if the conduct charged is conduct
committed by the mother of the unborn child.


	SECTION 2.06.  Chapter 38, Code of Criminal Procedure,
is amended by adding Section 38.40 to read as follows:


	Sec. 38.40.  EVIDENCE OF PREGNANCY.  (a)  In a prosecution
for the death of or injury to an individual who is
an unborn child, the prosecution shall provide medical
or other evidence that the mother of the individual
was pregnant at the time of the alleged offense.


	(b)  For the purpose of this section, "individual"
has the meaning assigned by Section 1.07, Penal Code.


	SECTION 2.07.  (a)  The changes in law made by this
article apply only to an offense committed on or after
the effective date of this Act.  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)  An offense committed before the effective date
of this Act is covered by the law in effect when the
offense was committed, and the former law is continued
in effect for that purpose.



ARTICLE 3.  EFFECTIVE DATE



	SECTION 3.01.  This Act takes effect September 1, 2003.



______________________________ 
  ______________________________




President of the Senate        
    Speaker of the House



	I hereby certify that S.B. No. 319 passed the Senate
on May 22, 2003, by a viva-voce vote; and that the
Senate concurred in House amendments on May 31, 2003,
by a viva-voce vote.




______________________________


    Secretary of the Senate


	I hereby certify that S.B. No. 319 passed the House,
with amendments, on May 28, 2003, by the following
vote:  Yeas 112, Nays 15, two present not voting.


______________________________


    Chief Clerk of the House


Approved:


______________________________


             Date


______________________________


           Governor