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Relating to enforcement of the rights of a living child born after an abortion; creating a civil cause of action; creating a criminal offense.
No significant fiscal implication to the State is anticipated.
Section 151.002 states that a living human child born alive after an abortion or premature birth is entitled to the same rights, powers, and privileges as are granted by the laws of this state to any other child born alive after the normal gestation period.
SB 23 would amend Section 151.002, Family Code, to create a third degree felony offense for any physician failing to comply with Section 151.002, and allows for any person reporting offending physicians to the Attorney General to be safeguarded by confidentiality. Additionally, SB 23 allows the Attorney General to impose a $100,000 fine and collect any necessary attorney fees for any physician who fails to provide appropriate medical attention for a child born alive after an abortion or premature birth.
Texas Action recommends supporting SB 23 because it promotes individual liberty. This bill would ensure that a living human child born alive following an attempted abortion or in the event of a premature birth is entitled to the same rights and privileges that are granted to any other child born alive after the normal gestation period.