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TX SB1204
Bill
Status
2/10/2025
Primary Sponsor
Bob Hall
Click for details
AI Summary
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Amends the Penal Code definition of "individual" to include an unborn child at every stage of "development" (changed from "gestation") from fertilization until birth, making criminal code provisions apply equally to violations against unborn children
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Removes existing civil liability exemptions for physicians and health care providers who perform lawful medical procedures or dispense drugs that result in the death of an unborn child, leaving only the mother exempt from wrongful death claims
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Eliminates criminal liability exemptions for lawful medical procedures, assisted reproduction procedures, and lawful drug dispensation that result in an unborn child's death, retaining only the exemption for conduct by the mother
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Creates a narrow criminal justification defense for physicians performing lawful medical procedures only when: the procedure was performed to avert the pregnant woman's death, the unborn child's death was accidental or unintentional, and reasonable alternatives to save the unborn child were unavailable or attempted unsuccessfully
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Takes effect immediately with two-thirds legislative vote, or September 1, 2025; applies only to offenses committed and causes of action accruing after the effective date
Legislative Description
Relating to an unborn child's rights and the civil and criminal liability and justification for prohibited conduct regarding an unborn child.
Abortion
Last Action
Referred to State Affairs
2/28/2025