HBA-EDN S.B. 269 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 269
By: Ogden
Criminal Jurisprudence
4/30/2001
Engrossed

BACKGROUND AND PURPOSE 

Currently, Texas law does not provide for an increase in penalty for injury
to a pregnant woman through a wrongful or negligent act.  Senate Bill 269
creates a felony offense for causing bodily injury to a pregnant woman,
with an increased penalty if the injury causes the woman to suffer a
miscarriage or stillbirth, and expands intoxication assault to include an
injury to a pregnant woman which results in a miscarriage or stillbirth.
The bill creates a civil cause of 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. 

ANALYSIS

Senate Bill 269 amends the Penal and the Civil Practice and Remedies codes.
The bill amends the Penal Code to provide that a person: 

_commits a third degree felony offense of assault if the person
intentionally, knowingly, or recklessly causes bodily injury to another,
including the person's spouse, who is a pregnant woman; 

_commits a second degree felony offense of aggravated assault if the person
causes bodily injury to another, including the person's spouse, who is a
pregnant woman and causes her to suffer a miscarriage or stillbirth; 

_commits a second degree felony offense of intoxication assault if the
person, while operating an aircraft, watercraft, or amusement ride while
intoxicated, or while operating a motor vehicle in a public place while
intoxicated, or as a result of assembling a mobile amusement ride while
intoxicated, by reason of that intoxication, causes, by accident or
mistake, the pregnant woman to suffer a miscarriage or stillbirth.   

The bill provides that it is an affirmative defense to prosecution for an
offense of assault or aggravated assault described above that the conduct
is an abortion performed by a physician in accordance with law. 

S.B. 269 amends the Civil Practice and Remedies Code to provide that a
mother or father of a fetus is authorized to bring an action against a
person who, as a result of the person's wrongful or negligent act or
omission, causes the mother to suffer a bodily injury that results in a
miscarriage or stillbirth.  A court is authorized to award compensatory
damages, including damages for mental anguish and loss of companionship
and society, and exemplary damages.  These provisions do not apply to an
abortion performed by a physician in accordance with law.   

EFFECTIVE DATE

September 1, 2001.