Bill Text: TX HB2855 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to criminal penalties for performing certain abortions; creating criminal offenses.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2021-03-18 - Referred to Criminal Jurisprudence [HB2855 Detail]

Download: Texas-2021-HB2855-Introduced.html

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87R9388 SRA-D
By: Swanson H.B. No. 2855

A BILL TO BE ENTITLED
AN ACT
relating to criminal penalties for performing certain abortions;
creating criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 170, Health and Safety Code, is amended
by adding Section 170.003 to read as follows:
Sec. 170.003. CRIMINAL PENALTY. (a) A person who violates
Section 170.002(a) commits an offense.
(b) An offense under this section is a felony of the second
degree, except that the offense is a felony of the first degree if
the person has previously been convicted of an offense under this
section or under Section 171.049, 171.103, or 171.153.
(c) If conduct constituting an offense under this section
also constitutes an offense under another section of this code or
the Penal Code, the actor may be prosecuted under this section or
under both sections.
SECTION 2. Subchapter C, Chapter 171, Health and Safety
Code, is amended by adding Section 171.049 to read as follows:
Sec. 171.049. CRIMINAL PENALTY. (a) A person who violates
Section 171.043 or 171.044 commits an offense.
(b) An offense under this section is a felony of the second
degree, except that the offense is a felony of the first degree if
the person has previously been convicted of an offense under this
section or under Section 170.003, 171.103, or 171.153.
(c) If conduct constituting an offense under this section
also constitutes an offense under another section of this code or
the Penal Code, the actor may be prosecuted under this section or
under both sections.
SECTION 3. Section 171.103, Health and Safety Code, is
amended to read as follows:
Sec. 171.103. CRIMINAL PENALTY. (a) A person who violates
Section 171.102 commits an offense.
(b) An offense under this section is a felony of the second
degree, except that the offense is a felony of the first degree if
the person has previously been convicted of an offense under this
section or under Section 170.003, 171.049, or 171.153 [state jail
felony].
(c) If conduct constituting an offense under this section
also constitutes an offense under another section of this code or
the Penal Code, the actor may be prosecuted under this section or
under both sections.
SECTION 4. Section 171.153, Health and Safety Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) An offense under this section is a felony of the second
degree, except that the offense is a felony of the first degree if
the person has previously been convicted of an offense under this
section or under Section 170.003, 171.049, or 171.103 [state jail
felony].
(c) If conduct constituting an offense under this section
also constitutes an offense under another section of this code or
the Penal Code, the actor may be prosecuted under this section or
under both sections.
SECTION 5. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense occurred before that date.
SECTION 6. The changes in law made by this Act apply only to
an abortion performed, induced, or attempted on or after the
effective date of this Act. An abortion performed, induced, or
attempted before the effective date of this Act is governed by the
law in effect immediately before the effective date of this Act, and
the former law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2021.