HBA-KMH H.B. 2747 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2747
By: Hupp
Criminal Jurisprudence
3/30/1999
Introduced


BACKGROUND AND PURPOSE 

Currently, Texas law does not provide specific legal measures for a parent
who loses an unborn child through abuse or any other wrongful act.
Pregnant women who are injured as a result of physical abuse or certain
wrongful acts may sustain injury not only to themselves, but also to the
unborn child.  H.B. 2747 creates a felony offense for a person who causes
bodily injury to a pregnant woman, with an increased penalty in cases in
which the woman suffers a miscarriage or stillbirth. This bill also creates
a civil action for a miscarriage or stillbirth resulting from a wrongful or
negligent act or omission.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

ARTICLE 1.  CRIMINAL PENALTIES

SECTION 1.01.  Amends Section 22.01, Penal Code, by amending Subsection (a)
and adding Subsections (f) and (g), as follows: 

(a) Establishes that a person commits an offense if the person
intentionally, knowingly, or recklessly causes bodily injury to another,
including a person's spouse, who is a pregnant woman.  Makes a
nonsubstantive change. 

(f) Provides that an offense under Subsection (a) relating to injury to a
pregnant woman is a felony of the third degree. 

(g) Provides that it is an exception to the application of Subsection (a)
that the pregnant woman or a person authorized by law to consent for the
woman consented to the actor's conduct. 

SECTION 1.02.  Amends Section 22.02, Penal Code, by amending Subsection (a)
and adding Subsections (d) and (e), as follows: 

(a) Establishes that a person commits an assault if the person causes
bodily injury to another, including the person's spouse, who is pregnant
and causes her to suffer a miscarriage or stillbirth.  Makes conforming and
nonsubstantive changes. 

(d) Defines "miscarriage" and "stillbirth."

(e) Provides that it is an exception to the application of Subsection (a)
that the pregnant woman or a person authorized by law to consent for the
woman consented to the actor's conduct. 

SECTION 1.03.  Amends Section 49.08, Penal Code, by amending Subsection (a)
and adding Subsection (c), as follows: 

 (a) Establishes that a person commits an offense if the person, while
intoxicated and by reason of that intoxication causes by accident or
mistake bodily injury to another who is a pregnant woman and causes her to
suffer a miscarriage or stillbirth.   Makes conforming and nonsubstantive
changes. 

(c) Defines "miscarriage" and "stillbirth."

SECTION 1.04.  Makes application of Article 1 as amended by this Act
prospective.   

ARTICLE 2.  CIVIL REMEDIES

SECTION 2.01.  Amends Title 4, Civil Practice and Remedies Code, by adding
Chapter 99, as follows: 

CHAPTER 99.  MISCARRIAGE OR STILLBIRTH

 Sec. 99.001.  DEFINITIONS.  Defines "miscarriage" and "stillbirth."

Sec. 99.002.  CAUSE OF ACTION.  Establishes that a person is liable for
damages if, as a result of the person's wrongful act or negligent act or
omission, a pregnant woman suffers bodily injury that results in a
miscarriage or stillbirth. 

Sec. 99.003.  PERSONS WHO MAY BRING ACTION.  Authorizes the mother or the
father of the fetus to bring action. 

Sec. 99.004.  DAMAGES.  Authorizes a court to award compensatory damages
and exemplary damages.  Provides that damages are in addition to other
damages that may be awarded for injury to the pregnant woman. 

Sec. 99.005.  ABORTION EXCLUDED.  Establishes that this chapter does not
apply to an abortion performed by a physician in accordance with the
Medical Practice Act and other applicable law. 

SECTION 2.02.  Makes application of Chapter 99, Civil Practice and Remedies
Code, as added by this Act prospective. 

ARTICLE 3.  EMERGENCY

SECTION 3.01.  Emergency clause.
                 Effective date: upon passage.