Texas State Senator Bryan Hughes is making a major move next week. It is expected that as early as Tuesday 3/9/2021, he will file SB 8 Heartbeat Bill which, if passed, would restrict abortion and protect unborn babies after a heartbeat is detected.
This bill comes at a time when the United States Supreme
Court is more likely than ever to uphold the bill if challenged in court,
thanks to the new additions to the Supreme Court by former President Donald
Trump. It is important that, under this bill, the prohibition on abortion would
be after a heartbeat is detected. The unique heartbeat is a universal sign of
individual life. I recall during a constitutional law class at Texas A&M
University, one of the reasons for the Supreme Court originally upholding the
right to abortion was because it was not clear from science, nor determined by
society, when life begins or is viable. This opened the door, I believe, to
allowing the Supreme Court to restrict abortion in the future as science and
society formulates when life begins or is viable.
With modern advances in medical science, we can now easily
determine when an unborn baby has a unique heartbeat, which is a universal sign
of individual life. With the understanding and establishment by the State of
Texas that a unique viable life can be established with the presence of a
heartbeat, the State of Texas can then extend constitutional rights and
protections to that unique individual life by restricting the unnecessary
destruction of that life.
The following is a one pager with information directly from
the office of Senator Bryan Hughes which gives a summary of the bill and the
implications of the bill:
SB 8 – Heartbeat Bill
Office of Senator Bryan Hughes
Issue: Prohibiting an abortion after a heartbeat is
present.
Contact: Caitriana Corkill (3-0380)
Background:
The fetal heartbeat is a key medical predictor of whether
an unborn child will reach live birth. A fetal heartbeat can be detected as
early as six weeks. Current Texas law generally bans abortions after 20 weeks
of pregnancy.
This bill would prevent abortions from being performed or
induced once a fetal heartbeat is detected unless there is a medical emergency
as defined under Health and Safety Code Section 171.002(3).
Bill Summary:
The proposed legislation amends the Health and Safety
Code, the Code of Criminal Procedure, the Government Code, and the Civil
Practice and Remedies Code.
The bill establishes that the State of Texas never
repealed, either expressly or impliedly, the state statutes enacted before Roe
v. Wade which prohibit abortion unless the mother’s life is in danger.
The bill mandates that the physician determine whether
there is a heartbeat. If a heartbeat is detected, the physician is prohibited
from knowingly performing or inducing an abortion.
Enforcement Mechanisms:
-
a criminal offense for violation of the
above;
-
civil liability for violation of the above;
-
a criminal offense for aiding and abetting an
abortion;
-
civil liability for aiding and abetting an
abortion;
-
administrative penalties for the physician;
and
-
a wrongful death action available to the
mother and father.
Private civil enforcement is available once the bill
becomes effective. All public enforcement will become available once Roe or
Casey is overturned.
Finally, the bill sets out what must be noted in the
pregnant woman’s medical record. This includes formatting and notes on why the
abortion was performed or induced. If a physician performs or induces an
abortion under the medical emergency exception, the reason for the abortion
must be noted in the pregnant woman’s medical records.
In the wake of 
Texas Railroad Commission Chairman 
