Bill Text: TX HB26 | 2013 | 83rd Legislature 2nd Special Session | Introduced
Bill Title: Relating to the offense of coercing a person to have or seek an abortion and voluntary and informed consent for an abortion; providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-07-10 - Referred to State Affairs [HB26 Detail]
Download: Texas-2013-HB26-Introduced.html
| 83S20034 JSC-F | ||
| By: Callegari | H.B. No. 26 | |
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| relating to the offense of coercing a person to have or seek an | ||
| abortion and voluntary and informed consent for an abortion; | ||
| providing penalties. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Subchapter B, Chapter 171, Health | ||
| and Safety Code, is amended to read as follows: | ||
| SUBCHAPTER B. VOLUNTARY AND INFORMED CONSENT | ||
| SECTION 2. Section 171.018, Health and Safety Code, is | ||
| amended to read as follows: | ||
| Sec. 171.018. OFFENSE. A physician who intentionally | ||
| performs an abortion on a woman in violation of Section 171.011 | ||
| [ |
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| section is a misdemeanor punishable by a fine not to exceed $10,000. | ||
| In this section, "intentionally" has the meaning assigned by | ||
| Section 6.03(a), Penal Code. | ||
| SECTION 3. Subchapter B, Chapter 171, Health and Safety | ||
| Code, is amended by adding Sections 171.019, 171.020, 171.021, | ||
| 171.022, and 171.023 to read as follows: | ||
| Sec. 171.019. PREVENTION OF COERCED ABORTIONS. (a) Before | ||
| any anesthesia or sedative is given to a woman prior to the | ||
| performance of an abortion, a physician shall: | ||
| (1) verbally inform the woman on whom the abortion is | ||
| to be performed that a person cannot coerce or force her to have or | ||
| seek an abortion and that the physician cannot perform the abortion | ||
| unless the woman provides her voluntary and informed consent; and | ||
| (2) provide the woman on whom the abortion is to be | ||
| performed with the coerced abortion form described by Section | ||
| 171.021: | ||
| (A) in both English and Spanish; and | ||
| (B) in a language other than English or Spanish, | ||
| if applicable, under Section 171.021(c). | ||
| (b) A doctor may not perform an abortion on a woman unless, | ||
| before the abortion, the woman certifies on the coerced abortion | ||
| form described by Section 171.021 that she received from the | ||
| physician the information and materials required by Subsection (a). | ||
| (c) If the woman indicates on the coerced abortion form or | ||
| communicates to the physician that she is being coerced to have or | ||
| seek an abortion or the physician is otherwise made aware that the | ||
| woman has indicated that she is being coerced to have or seek an | ||
| abortion, the physician: | ||
| (1) shall report an offense under Section 25.12, Penal | ||
| Code, to local law enforcement; | ||
| (2) shall provide the referral required by Section | ||
| 171.020(2); | ||
| (3) shall provide the woman with access to a telephone | ||
| in a private room; and | ||
| (4) may not perform the abortion until: | ||
| (A) 48 hours have elapsed: | ||
| (i) since the woman last communicated to | ||
| the physician, through the form or otherwise, that the woman was | ||
| being forced or coerced to have or seek an abortion; or | ||
| (ii) to the best of the physician's | ||
| knowledge, since the woman last communicated to an agent of the | ||
| physician that the woman was being forced or coerced to have or seek | ||
| an abortion; and | ||
| (B) the woman provides her voluntary and informed | ||
| consent that the woman states is not a result of coercion. | ||
| (d) A person who is a volunteer for or an employee of a | ||
| physician or an office or facility at which abortions are performed | ||
| shall immediately notify the physician who is to perform an | ||
| abortion on a woman if the woman communicates to the person that the | ||
| woman is being forced or coerced to have or seek an abortion. | ||
| Sec. 171.020. REFERRAL TO DOMESTIC VIOLENCE ASSISTANCE. | ||
| The department shall require each physician who performs an | ||
| abortion to: | ||
| (1) maintain a list of domestic violence shelters and | ||
| assistance programs that do not: | ||
| (A) provide abortions or abortion-related | ||
| services; | ||
| (B) make referrals to abortion providers; or | ||
| (C) affiliate or contract with entities that: | ||
| (i) provide abortions or abortion-related | ||
| services; or | ||
| (ii) make referrals to abortion providers; | ||
| and | ||
| (2) provide a referral to a domestic violence shelter | ||
| or assistance program described by Subdivision (1) if the woman | ||
| seeking an abortion communicates to the facility, the physician, or | ||
| an agent of the physician who is performing the abortion that the | ||
| woman is being abused or is being coerced to have or seek the | ||
| abortion. | ||
| Sec. 171.021. CONTENTS OF FORM. (a) The department shall | ||
| develop a coerced abortion form to be completed by each woman on | ||
| whom an abortion is performed in this state. The form must include: | ||
| (1) the following title centered on the page in | ||
| boldfaced capital letters in 26-point font or larger: "NOTICE"; | ||
| (2) the following statement printed in 16-point font | ||
| or larger: "It is against the law for a person, regardless of that | ||
| person's relationship to you, to coerce or force you to have or seek | ||
| an abortion. By law, a physician cannot perform an abortion, | ||
| including inducing, prescribing for, or otherwise providing the | ||
| means for an abortion, unless you give your voluntary and informed | ||
| consent without coercion or force. It is against the law for a | ||
| physician to perform an abortion against your will. You have the | ||
| right to a telephone in a private room to contact any local or state | ||
| law enforcement agency to receive protection from any actual or | ||
| threatened physical abuse or violence."; | ||
| (3) the following statements printed in 14-point font | ||
| or larger followed by spaces for the woman to initial: | ||
| (A) "I understand that I have the right to access | ||
| a telephone in a private room to contact a local or state law | ||
| enforcement agency to receive protection from any actual or | ||
| threatened physical abuse or violence."; | ||
| (B) "I have been informed in person that no one | ||
| can coerce or force me to have or seek an abortion and that an | ||
| abortion cannot be provided to me unless I provide my freely given, | ||
| voluntary, and informed consent."; and | ||
| (C) "I have read the above notice and understand | ||
| that I have legal protection against being coerced or forced to have | ||
| or seek an abortion."; | ||
| (4) spaces for the signature of the woman on whom an | ||
| abortion is to be performed and the date the form was completed; and | ||
| (5) spaces for the license number, area of specialty, | ||
| and signature of the physician who performed the abortion. | ||
| (b) The department shall provide the form required by | ||
| Subsection (a) in both English and Spanish. | ||
| (c) If the department determines that a substantial number | ||
| of residents in this state speak a primary language other than | ||
| English or Spanish, the department shall provide the form required | ||
| by Subsection (a) in that language. The department shall instruct a | ||
| facility that provides abortions to provide the coerced abortion | ||
| form in a language other than English or Spanish if the department | ||
| determines that a substantial number of residents in the area speak | ||
| a primary language other than English or Spanish. | ||
| Sec. 171.022. PROVISION AND RETENTION OF COERCED ABORTION | ||
| FORM. (a) The department shall provide a copy of this section and | ||
| Sections 171.019-171.021 and the coerced abortion form required by | ||
| Section 171.019 to: | ||
| (1) a physician who becomes newly licensed to practice | ||
| in this state, not later than the 30th day after the date the | ||
| physician receives the license; and | ||
| (2) all physicians licensed to practice in this state, | ||
| not later than December 1 of each year. | ||
| (b) A copy of the coerced abortion form certified by the | ||
| woman shall be placed in the woman's medical file and kept until at | ||
| least the seventh anniversary of the date on which the form was | ||
| signed or, if the woman is a minor, at least until the date the woman | ||
| reaches 20 years of age, whichever is later. | ||
| (c) The woman on whom an abortion is performed shall be | ||
| given a copy of the completed coerced abortion form in person before | ||
| the woman leaves the facility where the abortion is performed. | ||
| Sec. 171.023. SIGN POSTING. (a) An office or facility at | ||
| which abortions are performed shall post the following sign: | ||
| "NOTICE: It is against the law for a person, regardless of that | ||
| person's relationship to you, to coerce or force you to have or seek | ||
| an abortion. By law, a physician cannot perform an abortion, | ||
| including inducing, prescribing for, or otherwise providing the | ||
| means for an abortion, unless you give your voluntary and informed | ||
| consent without coercion or force. It is against the law for a | ||
| physician to perform an abortion against your will. You have the | ||
| right to a telephone in a private room to contact any local or state | ||
| law enforcement agency to receive protection from any actual or | ||
| threatened physical abuse or violence." | ||
| (b) The sign described by Subsection (a) must be: | ||
| (1) printed with lettering that is legible and in at | ||
| least two-inch boldfaced type; and | ||
| (2) printed and posted in both English and Spanish, as | ||
| well as any language other than English or Spanish if it is likely | ||
| that a substantial number of the residents in the area speak a | ||
| language other than English or Spanish as their primary language. | ||
| (c) An office or facility at which abortions are performed | ||
| shall conspicuously post the sign described by Subsection (a) in | ||
| each patient waiting room and each patient consultation room | ||
| regularly used by patients seeking abortions. | ||
| (d) If requested by a patient, the office or facility shall | ||
| provide the patient: | ||
| (1) a paper copy of the sign described by Subsection | ||
| (a) in the language preferred by the patient; and | ||
| (2) access to a telephone in a private room. | ||
| SECTION 4. Chapter 6, Code of Criminal Procedure, is | ||
| amended by adding Article 6.11 to read as follows: | ||
| Art. 6.11. REPORTS OF COERCION OF ABORTION. A peace officer | ||
| who receives a report of or other information indicating the | ||
| commission or attempted commission of an alleged offense under | ||
| Section 25.12, Penal Code, shall file a police report as necessary | ||
| to ensure that law enforcement may investigate the alleged offense. | ||
| SECTION 5. Chapter 25, Penal Code, is amended by adding | ||
| Section 25.12 to read as follows: | ||
| Sec. 25.12. COERCION OF ABORTION. (a) A person commits an | ||
| offense if the person uses coercion to induce a pregnant woman to | ||
| have or seek an abortion. | ||
| (b) An offense under this section is a Class B misdemeanor. | ||
| (c) A person who in good faith reports to law enforcement | ||
| authorities a suspected offense under Subsection (a) is immune from | ||
| civil liability in an action brought against the person for | ||
| reporting the suspected offense. | ||
| SECTION 6. (a) Not later than January 1, 2014, the | ||
| Department of State Health Services shall develop and make | ||
| available the form required by Subchapter B, Chapter 171, Health | ||
| and Safety Code, as amended by this Act, along with instructions for | ||
| completing the form. | ||
| (b) Not later than January 1, 2014, the Department of State | ||
| Health Services shall develop and make available the sign required | ||
| by Section 171.023, Health and Safety Code, as added by this Act. | ||
| (c) Not later than February 1, 2014, the Department of State | ||
| Health Services shall distribute forms as required by Section | ||
| 171.022(a), Health and Safety Code, as added by this Act. | ||
| SECTION 7. This Act takes effect November 1, 2013. | ||
