Bill Text: TX SB415 | 2017-2018 | 85th Legislature | Engrossed


Bill Title: Relating to a prohibition on the performance of dismemberment abortions; providing penalties; creating a criminal offense.

Spectrum: Moderate Partisan Bill (Republican 9-1)

Status: (Engrossed) 2017-05-03 - Referred to State Affairs [SB415 Detail]

Download: Texas-2017-SB415-Engrossed.html
 
 
  By: Perry, et al. S.B. No. 415
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a prohibition on the performance of dismemberment
  abortions; providing penalties; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 171, Health and Safety Code, is amended
  by adding Subchapter F to read as follows:
  SUBCHAPTER F.  DISMEMBERMENT ABORTIONS
         Sec. 171.101.  DEFINITION.  In this subchapter,
  "dismemberment abortion" means an abortion in which a person, with
  the purpose of causing the death of an unborn child, dismembers the
  unborn child and extracts the unborn child one piece at a time from
  the uterus through the use of clamps, grasping forceps, tongs,
  scissors, or a similar instrument that, through the convergence of
  two rigid levers, slices, crushes, or grasps, or performs any
  combination of those actions on, a piece of the unborn child's body
  to cut or rip the piece from the body.  The term does not include an
  abortion that uses suction to dismember the body of an unborn child
  by sucking pieces of the unborn child into a collection container.  
  The term includes a dismemberment abortion that is used to cause the
  death of an unborn child and in which suction is subsequently used
  to extract pieces of the unborn child after the unborn child's
  death.
         Sec. 171.102.  DISMEMBERMENT ABORTIONS PROHIBITED. (a)  A
  person may not intentionally perform a dismemberment abortion
  unless the dismemberment abortion is necessary in a medical
  emergency.
         (b)  A woman on whom a dismemberment abortion is performed,
  an employee or agent acting under the direction of a physician who
  performs a dismemberment abortion, or a person who fills a
  prescription or provides equipment used in a dismemberment abortion
  does not violate Subsection (a).
         Sec. 171.103.  CRIMINAL PENALTY. (a)  A person who violates
  Section 171.102 commits an offense.
         (b)  An offense under this section is a state jail felony.
         Sec. 171.104.  CONSTRUCTION OF SUBCHAPTER. (a)  This
  subchapter shall be construed, as a matter of state law, to be
  enforceable to the maximum possible extent consistent with but not
  further than federal constitutional requirements, even if that
  construction is not readily apparent, as such constructions are
  authorized only to the extent necessary to save the subchapter from
  judicial invalidation.  Judicial reformation of statutory language
  is explicitly authorized only to the extent necessary to save the
  statutory provision from invalidity.
         (b)  If any court determines that a provision of this
  subchapter is unconstitutionally vague, the court shall interpret
  the provision, as a matter of state law, to avoid the vagueness
  problem and shall enforce the provision to the maximum possible
  extent.  If a federal court finds any provision of this subchapter
  or its application to any person, group of persons, or
  circumstances to be unconstitutionally vague and declines to impose
  the saving construction described by this subsection, the Supreme
  Court of Texas shall provide an authoritative construction of the
  objectionable statutory provisions that avoids the constitutional
  problems while enforcing the statute's restrictions to the maximum
  possible extent and shall agree to answer any question certified
  from a federal appellate court regarding the statute.
         (c)  A state executive or administrative official may not
  decline to enforce this subchapter, or adopt a construction of this
  subchapter in a way that narrows its applicability, based on the
  official's own beliefs concerning the requirements of the state or
  federal constitution, unless the official is enjoined by a state or
  federal court from enforcing this subchapter.
         (d)  This subchapter may not be construed to:
               (1)  authorize the prosecution of or a cause of action
  to be brought against a woman on whom an abortion is performed or
  induced in violation of this subchapter; or
               (2)  create or recognize a right to abortion or a right
  to a particular method of abortion.
         SECTION 2.  Section 164.052(a), Occupations Code, is amended
  to read as follows:
         (a)  A physician or an applicant for a license to practice
  medicine commits a prohibited practice if that person:
               (1)  submits to the board a false or misleading
  statement, document, or certificate in an application for a
  license;
               (2)  presents to the board a license, certificate, or
  diploma that was illegally or fraudulently obtained;
               (3)  commits fraud or deception in taking or passing an
  examination;
               (4)  uses alcohol or drugs in an intemperate manner
  that, in the board's opinion, could endanger a patient's life;
               (5)  commits unprofessional or dishonorable conduct
  that is likely to deceive or defraud the public, as provided by
  Section 164.053, or injure the public;
               (6)  uses an advertising statement that is false,
  misleading, or deceptive;
               (7)  advertises professional superiority or the
  performance of professional service in a superior manner if that
  advertising is not readily subject to verification;
               (8)  purchases, sells, barters, or uses, or offers to
  purchase, sell, barter, or use, a medical degree, license,
  certificate, or diploma, or a transcript of a license, certificate,
  or diploma in or incident to an application to the board for a
  license to practice medicine;
               (9)  alters, with fraudulent intent, a medical license,
  certificate, or diploma, or a transcript of a medical license,
  certificate, or diploma;
               (10)  uses a medical license, certificate, or diploma,
  or a transcript of a medical license, certificate, or diploma that
  has been:
                     (A)  fraudulently purchased or issued;
                     (B)  counterfeited; or
                     (C)  materially altered;
               (11)  impersonates or acts as proxy for another person
  in an examination required by this subtitle for a medical license;
               (12)  engages in conduct that subverts or attempts to
  subvert an examination process required by this subtitle for a
  medical license;
               (13)  impersonates a physician or permits another to
  use the person's license or certificate to practice medicine in
  this state;
               (14)  directly or indirectly employs a person whose
  license to practice medicine has been suspended, canceled, or
  revoked;
               (15)  associates in the practice of medicine with a
  person:
                     (A)  whose license to practice medicine has been
  suspended, canceled, or revoked; or
                     (B)  who has been convicted of the unlawful
  practice of medicine in this state or elsewhere;
               (16)  performs or procures a criminal abortion, aids or
  abets in the procuring of a criminal abortion, attempts to perform
  or procure a criminal abortion, or attempts to aid or abet the
  performance or procurement of a criminal abortion;
               (17)  directly or indirectly aids or abets the practice
  of medicine by a person, partnership, association, or corporation
  that is not licensed to practice medicine by the board;
               (18)  performs an abortion on a woman who is pregnant
  with a viable unborn child during the third trimester of the
  pregnancy unless:
                     (A)  the abortion is necessary to prevent the
  death of the woman;
                     (B)  the viable unborn child has a severe,
  irreversible brain impairment; or
                     (C)  the woman is diagnosed with a significant
  likelihood of suffering imminent severe, irreversible brain damage
  or imminent severe, irreversible paralysis;
               (19)  performs an abortion on an unemancipated minor
  without the written consent of the child's parent, managing
  conservator, or legal guardian or without a court order, as
  provided by Section 33.003 or 33.004, Family Code, unless the
  abortion is necessary due to a medical emergency, as defined by
  Section 171.002, Health and Safety Code;
               (20)  otherwise performs an abortion on an
  unemancipated minor in violation of Chapter 33, Family Code; [or]
               (21)  performs or induces or attempts to perform or
  induce an abortion in violation of Subchapter C, Chapter 171,
  Health and Safety Code; or
               (22)  performs a dismemberment abortion in violation of
  Subchapter F, Chapter 171, Health and Safety Code.
         SECTION 3.  Section 164.055(b), Occupations Code, is amended
  to read as follows:
         (b)  The sanctions provided by Subsection (a) are in addition
  to any other grounds for refusal to admit persons to examination
  under this subtitle or to issue a license or renew a license to
  practice medicine under this subtitle.  The criminal penalties
  provided by Section 165.152 do not apply to a violation of Section
  170.002, Health and Safety Code, or Subchapter C or F, Chapter 171,
  Health and Safety Code.
         SECTION 4.  (a)  If some or all of the provisions of this Act
  are ever temporarily or permanently restrained or enjoined by
  judicial order, all other provisions of Texas law regulating or
  restricting abortion shall be enforced as though the restrained or
  enjoined provisions had not been adopted; provided, however, that
  whenever the temporary or permanent restraining order or injunction
  is stayed or dissolved, or otherwise ceases to have effect, the
  provisions shall have full force and effect.
         (b)  Mindful of Leavitt v. Jane L., 518 U.S. 137 (1996), in
  which in the context of determining the severability of a state
  statute regulating abortion the United States Supreme Court held
  that an explicit statement of legislative intent is controlling, it
  is the intent of the legislature that every provision, section,
  subsection, sentence, clause, phrase, or word in this Act, and
  every application of the provisions in this Act, are severable from
  each other.  If any application of any provision in this Act to any
  person, group of persons, or circumstances is found by a court to be
  invalid, the remaining applications of that provision to all other
  persons and circumstances shall be severed and may not be affected.  
  All constitutionally valid applications of this Act shall be
  severed from any applications that a court finds to be invalid,
  leaving the valid applications in force, because it is the
  legislature's intent and priority that the valid applications be
  allowed to stand alone.  Even if a reviewing court finds a provision
  of this Act to impose an undue burden in a large or substantial
  fraction of relevant cases, the applications that do not present an
  undue burden shall be severed from the remaining provisions and
  shall remain in force, and shall be treated as if the legislature
  had enacted a statute limited to the persons, group of persons, or
  circumstances for which the statute's application does not present
  an undue burden.  The legislature further declares that it would
  have passed this Act, and each provision, section, subsection,
  sentence, clause, phrase, or word, and all constitutional
  applications of this Act, irrespective of the fact that any
  provision, section, subsection, sentence, clause, phrase, or word,
  or applications of this Act, were to be declared unconstitutional
  or to represent an undue burden.
         (c)  If any provision of this Act is found by any court to be
  unconstitutionally vague, then the applications of that provision
  that do not present constitutional vagueness problems shall be
  severed and remain in force.
         SECTION 5.  The change in law made by this Act applies only
  to an abortion performed on or after the effective date of this Act.  
  An abortion performed before the effective date of this Act is
  governed by the law in effect on the date the abortion was
  performed, and the former law is continued in effect for that
  purpose.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.
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