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