Bill Text: TX SB831 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Relating to voluntary and informed consent to an abortion and prevention of coerced abortions; providing penalties; creating an offense.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2015-05-25 - Co-author authorized [SB831 Detail]

Download: Texas-2015-SB831-Introduced.html
  84R10174 JSC-F
 
  By: Kolkhorst S.B. No. 831
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to voluntary and informed consent to an abortion and
  prevention of coerced abortions; providing penalties; creating an
  offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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)  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.
         (b)  A peace officer receiving a report or other information
  indicating that a person has coerced or forced or attempted to
  coerce or force a pregnant minor to have or seek an abortion shall
  notify the Department of Family and Protective Services.
         SECTION 2.  Section 33.002, Family Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  A physician giving notice under Subsection (a)(1)
  shall inform the parent, managing conservator, or guardian that it
  is considered to be child abuse under Texas law for the parent,
  managing conservator, or guardian to coerce or force the minor to
  have or seek an abortion.
         SECTION 3.  Section 261.001(1), Family Code, is amended to
  read as follows:
               (1)  "Abuse" includes the following acts or omissions
  by a person:
                     (A)  mental or emotional injury to a child that
  results in an observable and material impairment in the child's
  growth, development, or psychological functioning;
                     (B)  causing or permitting the child to be in a
  situation in which the child sustains a mental or emotional injury
  that results in an observable and material impairment in the
  child's growth, development, or psychological functioning;
                     (C)  physical injury that results in substantial
  harm to the child, or the genuine threat of substantial harm from
  physical injury to the child, including an injury that is at
  variance with the history or explanation given and excluding an
  accident or reasonable discipline by a parent, guardian, or
  managing or possessory conservator that does not expose the child
  to a substantial risk of harm;
                     (D)  failure to make a reasonable effort to
  prevent an action by another person that results in physical injury
  that results in substantial harm to the child;
                     (E)  sexual conduct harmful to a child's mental,
  emotional, or physical welfare, including conduct that constitutes
  the offense of continuous sexual abuse of young child or children
  under Section 21.02, Penal Code, indecency with a child under
  Section 21.11, Penal Code, sexual assault under Section 22.011,
  Penal Code, or aggravated sexual assault under Section 22.021,
  Penal Code;
                     (F)  failure to make a reasonable effort to
  prevent sexual conduct harmful to a child;
                     (G)  compelling or encouraging the child to engage
  in sexual conduct as defined by Section 43.01, Penal Code,
  including conduct that constitutes an offense of trafficking of
  persons under Section 20A.02(a)(7) or (8), Penal Code, prostitution
  under Section 43.02(a)(2), Penal Code, or compelling prostitution
  under Section 43.05(a)(2), Penal Code;
                     (H)  causing, permitting, encouraging, engaging
  in, or allowing the photographing, filming, or depicting of the
  child if the person knew or should have known that the resulting
  photograph, film, or depiction of the child is obscene as defined by
  Section 43.21, Penal Code, or pornographic;
                     (I)  the current use by a person of a controlled
  substance as defined by Chapter 481, Health and Safety Code, in a
  manner or to the extent that the use results in physical, mental, or
  emotional injury to a child;
                     (J)  causing, expressly permitting, or
  encouraging a child to use a controlled substance as defined by
  Chapter 481, Health and Safety Code;
                     (K)  causing, permitting, encouraging, engaging
  in, or allowing a sexual performance by a child as defined by
  Section 43.25, Penal Code; [or]
                     (L)  knowingly causing, permitting, encouraging,
  engaging in, or allowing a child to be trafficked in a manner
  punishable as an offense under Section 20A.02(a)(5), (6), (7), or
  (8), Penal Code, or the failure to make a reasonable effort to
  prevent a child from being trafficked in a manner punishable as an
  offense under any of those sections; or
                     (M)  coercing or forcing a child to have or seek an
  abortion.
         SECTION 4.  The heading to Subchapter B, Chapter 171, Health
  and Safety Code, is amended to read as follows:
  SUBCHAPTER B.  VOLUNTARY AND INFORMED CONSENT
         SECTION 5.  Section 171.015, Health and Safety Code, is
  amended to read as follows:
         Sec. 171.015.  INFORMATION RELATING TO PUBLIC AND PRIVATE
  AGENCIES.  The informational materials must include:
               (1)  geographically indexed materials designed to
  inform the pregnant woman of public and private agencies and
  services that:
                     (A)  are available to assist a woman through
  pregnancy, childbirth, and the child's dependency, including:
                           (i)  a comprehensive list of adoption
  agencies;
                           (ii)  a description of the services the
  adoption agencies offer;
                           (iii)  a description of the manner,
  including telephone numbers, in which an adoption agency may be
  contacted; [and]
                           (iv)  a comprehensive list of agencies and
  organizations that offer sonogram services at no cost to the
  pregnant woman;
                           (v)  pregnancy resource centers and
  maternity homes;
                           (vi)  a comprehensive list of assistance
  programs for victims of domestic violence;
                           (vii)  a list of persons licensed to
  practice in this state as social workers, licensed professional
  counselors, licensed marriage and family therapists, and
  psychologists who have volunteered to assist women being coerced or
  forced to have or seek an abortion; and
                           (viii)  nonprofit organizations that
  provide free legal aid to women being coerced or forced to have or
  seek an abortion;
                     (B)  do not provide abortions or abortion-related
  services or make referrals to abortion providers; and
                     (C)  are not affiliated with organizations that
  provide abortions or abortion-related services or make referrals to
  abortion providers; and
               (2)  a toll-free, 24-hour telephone number that may be
  called to obtain an oral list and description of agencies described
  by Subdivision (1) that are located near the caller and of the
  services the agencies offer.
         SECTION 6.  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 physician 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
  on a form consenting to the procedure or at any time before the
  abortion communicates verbally to the physician or the physician's
  agent that she is being coerced or forced to have or seek an
  abortion or the physician is otherwise made aware that the woman has
  indicated that she is being coerced or forced to have or seek an
  abortion, the physician:
               (1)  shall report an offense under Section 25.12, Penal
  Code, to local law enforcement and, if the woman is a minor, make a
  report to the Department of Family and Protective Services;
               (2)  shall provide the information described by Section
  171.015;
               (3)  shall provide the woman with access to a telephone
  in a private room; and
               (4)  may not perform the abortion until:
                     (A)  72 hours have elapsed:
                           (i)  since the woman last communicated to
  the physician, through the form or otherwise, that the woman was
  being coerced or forced 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 or law enforcement that the woman was being coerced or
  forced to have or seek an abortion;
                     (B)  the woman provides her voluntary and informed
  consent that the woman states is not a result of coercion; and
                     (C)  local law enforcement has completed the
  investigation and report required under Section 171.020 and Article
  6.11, Code of Criminal Procedure, and, as applicable, the
  Department of Family and Protective Services has completed an
  investigation under Subchapter D, Chapter 261, Family Code.
         (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 coerced or forced to have or seek an abortion.
         (e)  The woman on whom the abortion is to be performed may
  withdraw consent to the abortion at any time before the performance
  of the abortion.
         Sec. 171.020.  PHYSICIAN'S DUTY TO REPORT COERCION;
  INVESTIGATION AND ASSISTANCE.  (a) If a woman claims to have been
  coerced or forced to have or seek an abortion, the physician or
  physician's agent shall immediately report the suspected coercion
  and the name of the individual suspected of coercing the woman to
  the appropriate local law enforcement agency and, if the woman is a
  minor, to the Department of Family and Protective Services.
         (b)  The local law enforcement agency has a duty to respond
  and shall write a report within 12 hours of being notified of the
  alleged coercion under this section. A report must be made in
  response to every notification by a physician or physician's agent
  under this section, regardless of whether the law enforcement
  agency knows that a report about the coercion was previously made.
         (c)  Notwithstanding Sections 261.301 and 261.3015, Family
  Code, the Department of Family and Protective Services shall
  respond within 12 hours of being notified of the alleged coercion of
  a minor under this section.
         (d)  The appropriate local law enforcement agency and the
  Department of Family and Protective Services shall investigate
  suspected coercion reported under this section and, if warranted,
  shall refer the case to the appropriate prosecuting authority.
         (e)  If the investigation shows that a parent, managing
  conservator, or guardian is coercing or forcing or attempting to
  coerce or force a minor to have or seek an abortion, the Department
  of Family and Protective Services shall take any appropriate action
  under Title 5, Family Code.
         (f)  The fact that a woman has signed a form under Section
  171.021 does not affect:
               (1)  the duty of a physician or physician's agent under
  this section; or
               (2)  the culpability of a person coercing or forcing a
  woman to have or seek an 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 (for example, your husband, parent,
  boyfriend, or teacher), to coerce or force you to have or seek an
  abortion.  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.  Coercing or forcing a woman to have or seek an abortion
  is child abuse if the woman is a minor and may be punishable by up to
  a year in jail and up to a $4,000 fine.  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.";
               (3)  the following statements printed in 14-point font
  or larger followed by spaces for the woman and, if the woman is a
  minor, the woman's parent or guardian, if present, 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.";
                     (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.";
                     (D)  "I freely give my voluntary consent to this
  abortion without being coerced or forced."; and
                     (E)  "I am aware that it is child abuse for a
  parent, managing conservator, or guardian to coerce or force his or
  her daughter or a child under his or her care to have or seek an
  abortion.";
               (4)  spaces for the signature of the woman on whom an
  abortion is to be performed and, if the woman is a minor, the
  woman's parent or guardian, if present, and the date the form was
  completed;
               (5)  spaces for the license number, area of specialty,
  and signature of the physician who performed the abortion; and
               (6)  the telephone number for the National Domestic
  Violence Hotline.
         (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 171.021 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 (for example, your husband, parent,
  boyfriend, or teacher), to coerce or force you to have or seek an
  abortion.  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.  Coercing or forcing a woman to have or seek an abortion
  is child abuse if the woman is a minor and may be punishable by up to
  a year in jail and up to a $4,000 fine.  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.".
         (b)  The sign described by Subsection (a) must:
               (1)  be printed with lettering that is legible and in at
  least two-inch boldfaced type;
               (2)  be 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 familiar
  language; and
               (3)  include the telephone number for the National
  Domestic Violence Hotline.
         (c)  An office or facility at which abortions are performed
  shall conspicuously post the sign described by Subsection (a) in
  each patient waiting room, each patient consultation room regularly
  used by patients seeking abortions, and the room in which abortions
  are performed or induced.
         (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 7.  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 cause a pregnant woman to
  have or seek an abortion, unless:
               (1)  the pregnant woman is younger than 18 years of age;
  and
               (2)  the actor is the parent, guardian, or conservator
  of the pregnant woman.
         (b)  An offense under this section is a Class A 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 8.  (a)  As soon as practicable after the effective
  date of this Act, the Department of State Health Services shall:
               (1)  develop and make available:
                     (A)  the form required by Subchapter B, Chapter
  171, Health and Safety Code, as amended by this Act, along with
  instructions for completing the form; and
                     (B)  the sign required by Section 171.023, Health
  and Safety Code, as added by this Act; and
               (2)  revise the informational materials under Section
  171.015, Health and Safety Code, as amended by this Act.
         (b)  The executive commissioner of the Health and Human
  Services Commission may identify rules required by the passage of
  this Act that must be adopted on an emergency basis and may use the
  procedures established under Section 2001.034, Government Code,
  for adopting those rules.  The executive commissioner of the Health
  and Human Services Commission is not required to make the finding
  described by Section 2001.034(a), Government Code, to adopt
  emergency rules under this subsection.
         (c)  A physician or other person subject to the requirements
  of Sections 171.019, 171.020, 171.021, 171.022, and 171.023, Health
  and Safety Code, as added by this Act, is not required to provide,
  use, or retain the coerced abortion form under Section 171.019,
  171.021, or 171.022, Health and Safety Code, as added by this Act,
  or post the sign required under Section 171.023, Health and Safety
  Code, as added by this Act, before the Department of State Health
  Services develops and makes available the form and the sign.
         (d)  A physician is not criminally liable under Section
  171.018, Health and Safety Code, for failing to provide updated
  informational materials under Section 171.015, Health and Safety
  Code, as amended by this Act, failing to provide, use, or retain the
  coerced abortion form under Section 171.019, 171.021, or 171.022,
  Health and Safety Code, as added by this Act, or failing to post the
  sign required under Section 171.023, Health and Safety Code, as
  added by this Act, before the Department of State Health Services
  develops and makes available the revised informational materials,
  the form, or the sign.
         SECTION 9.  The changes in law made by this Act apply only to
  an offense under Section 33.002, Family Code, as amended by this
  Act, Section 171.018, Health and Safety Code, or Section 25.12,
  Penal Code, as added by this Act, committed on or after September 1,
  2015.  An offense committed before September 1, 2015, is governed by
  the law in effect on the date 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 September 1, 2015, if
  any element of the offense occurred before that date.
         SECTION 10.  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, 2015.
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