Criminal Offenses - As enacted, revises definitions of fetus as victim for criminal homicide and assaults to remove viability requirement and include an embryo and remove reference to victim being pregnant; revises legislative intent statement. - Amends TCA Title 39, Chapter 13.
Companion bill has been assigned Public Chapter Number 1006 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For SB3412Date
    Comp. became Pub. Ch. 100605/15/2012
    Sponsor(s) Added.04/23/2012
    Am. withdrawn.(Amendment 1 - SA1229)04/23/2012
    Comp. HB Subst (sends SB to dead bill file)04/23/2012
    Placed on Senate Regular Calendar cal. for 4/23/201204/20/2012
    Sponsor(s) Added.04/19/2012
    S. Reset on cal. for 4/23/201204/19/2012
    Placed on Senate Regular Calendar cal. for 4/19/201204/17/2012
    Rec. for pass. w/ am., ref. to S. Cal. Comm. Ayes 8, Nays 1 PNV 004/11/2012
    Placed on S. Jud Comm. cal. for 4/11/201204/11/2012
    Action Def. in S. Jud Comm. to 4/11/201204/10/2012
    Placed on S. Jud Comm. cal. for 4/10/201204/04/2012
    Action Def. in S. Jud Comm. to 4/10/201204/04/2012
    Placed on S. Jud Comm. cal. for 4/4/201204/04/2012
    Action Def. in S. Jud Comm. to 4/4/201204/03/2012
    Placed on S. Jud Comm. cal. for 4/3/201203/28/2012
    Action Def. in S. Jud Comm. to 4/3/201203/27/2012
    Placed on S. Jud Comm. cal. for 3/27/201203/21/2012
    P2C, ref. to S. Jud Comm.02/01/2012
    Intro., P1C.01/30/2012
    Filed for intro.01/26/2012
    Actions For HB3517Date
    Pub. Ch. 1006 05/15/2012
    Effective date(s) 07/01/1205/15/2012
    Signed by Governor.05/10/2012
    Transmitted to Governor for his action.05/02/2012
    Signed by S. Speaker05/01/2012
    Signed by H. Speaker04/30/2012
    Enrolled; ready for sig. of H. Speaker.04/30/2012
    Passed S., Ayes 28, Nays 204/23/2012
    S. Subst. HB for comp. SB.04/23/2012
    Rcvd. from H., P1C.04/19/2012
    Engrossed; ready for transmission to Sen.04/18/2012
    Passed H., as am., Ayes 80, Nays 18 04/18/2012
    H. adopted am.(Amendment 1 of 0 - HA0970)04/18/2012
    Sponsor(s) Added.04/18/2012
    H. Placed on Regular Calendar for 4/18/201204/12/2012
    Placed on cal. Calendar & Rules Committee for 4/12/201204/11/2012
    Rec. For Pass. ref. to: Calendar & Rules Committee04/10/2012
    Placed on cal. Finance, Ways & Means Committee for 4/10/201204/04/2012
    Rec. For Pass. by s/c ref. to Finance, Ways & Means Committee 04/04/2012
    Placed on s/c cal Finance Subcommittee for 4/4/201203/28/2012
    Action Def. in s/c Finance Subcommittee to 4/4/201203/28/2012
    Placed on s/c cal Finance Subcommittee for 3/28/201203/21/2012
    Assigned to s/c Finance Subcommittee03/21/2012
    Rec. for Pass. if Am. ref. to: Finance, Ways & Means Committee03/20/2012
    Placed on cal. Judiciary Committee for 3/20/201203/14/2012
    Rec. for pass. if am. by s/c ref. to Judiciary Committee03/14/2012
    Placed on s/c cal Judiciary Subcommittee for 3/14/201203/07/2012
    Assigned to s/c Judiciary Subcommittee02/01/2012
    P2C, ref. to Judiciary Committee02/01/2012
    Intro., P1C.01/30/2012
    Filed for intro.01/26/2012
  • AmendmentsFiscal Memos
    SA1229Amendment 1-1 to SB3412Fiscal Memo for SA1229 (14717)  
    AmendmentsFiscal Memos
    HA0970Amendment 1-1 to HB3517Fiscal Memo for HA0970 (14717)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: SB3412

  • Fiscal Summary

    Not Available


    Bill Summary

    Under present law, the victim of an assaultive offense or a homicide includes a fetus of a human being, regardless of viability of the fetus, when any such term refers to the victim of any act made criminal by the provisions governing such offenses, and when at the time of the criminal act the victim was pregnant. It is the legislative intent that such provision in no way affect abortion, and such provision may not apply to acts that are committed pursuant to usual and customary standards of medical practice during diagnostic or therapeutic treatment.

    This bill rewrites the above provisions. This bill instead specifies that the victim of an assaultive offense or a homicide includes a human embryo or fetus at any stage of gestation in utero, when any such term refers to the victim of any act made criminal by the provisions governing such offenses, and when at the time of the criminal act the victim was pregnant. This provision would not apply to any act or omission by a pregnant woman with respect to an embryo or fetus with which she is pregnant, or to any lawful medical or surgical procedure to which a pregnant woman consents, performed by a health care professional who is licensed to perform such procedure.

    ON APRIL 18, 2012, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 3517, AS AMENDED.

    AMENDMENT #1 removes references to the victim being pregnant at the time of the criminal offense.

  • No fiscal note for this bill.
  • House Floor and Committee Votes

    HB3517 by Evans - FLOOR VOTE: AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/18/2012
    Passed
              Ayes...............................................80
              Noes...............................................18

              Representatives voting aye were: Alexander, Bass, Brooks H, Brooks K, Butt, Campbell, Carr, Casada, Casada, Cobb, Coley, Curtiss, Dean, DeBerry J, DeBerry L, Dennis, Dunn, Elam, Eldridge, Evans, Faison, Fitzhugh, Fitzhugh, Floyd, Ford, Forgety, Gotto, Halford, Hall, Harmon, Harrison, Harwell, Hawk, Hawk, Haynes, Hensley, Hill, Holt, Hurley, Johnson C, Johnson C, Johnson P, Keisling, Lollar, Lundberg, Maggart, Marsh, Matheny, Matlock, McCormick, McCormick, McDaniel, McDaniel, McDonald, McManus, Miller D, Montgomery, Naifeh, Niceley, Parkinson, Pitts, Pody, Powers, Ragan, Ramsey, Rich, Roach, Sanderson, Sargent, Sexton, Shaw, Shepard, Shipley, Sparks, Swann, Tindell, Todd, Turner M, Watson, Weaver, White, Williams K, Williams R, Windle, Wirgau, Womick, Mr. Speaker Harwell, Mr. Speaker Naifeh, Mr. Speaker Williams K -- 80.
              Representatives voting no were: Brown, Camper, Cooper, Favors, Gilmore, Hardaway, Jones S, Kernell, Miller L, Moore, Odom, Pruitt, Richardson, Sontany, Stewart, Tidwell, Towns, Turner J -- 18.

              HB3517 by Evans - HOUSE CALENDAR & RULES COMMITTEE:
    Recommended for passage - refer to: House Regular Calendar 1 4/12/2012
              Voice Vote - Ayes Prevail

              HB3517 by Evans - HOUSE FINANCE, WAYS & MEANS COMMITTEE:
    Recommended for passage - refer to: Calendar & Rules Committee 4/10/2012
              Voice Vote - Ayes Prevail

              HB3517 by Evans - HOUSE FINANCE, WAYS & MEANS SUBCOMMITTEE:
    Recommended for passage - refer to: Finance, Ways & Means Committee 4/4/2012
              Voice Vote - Ayes Prevail

              HB3517 by Evans - HOUSE CRIMINAL JUSTICE COMMITTEE:
    Recommended for passage w/amendments- refer to: Finance, Ways & Means Committee 3/20/2012
              Voice Vote - Ayes Prevail Rep.(s) Sontany, Stewart,Camper,Moore requested to be recorded as voting No

              HB3517 by Evans - HOUSE CRIMINAL JUSTICE SUBCOMMITTEE:
    Recommended for passage w/amendments- refer to: Judiciary Committee 3/14/2012
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    Senate moved to substitute and conform to HB3517

    HB3517 by Evans - FLOOR VOTE: THIRD CONSIDERATION 4/23/2012
    Passed
              Ayes...............................................28
              Noes................................................2

              Senators voting aye were: Barnes, Beavers, Bell, Berke, Burks, Campfield, Crowe, Faulk, Finney L, Ford, Gresham, Henry, Johnson, Kelsey, Ketron, Massey, McNally, Norris, Overbey, Ramsey, Roberts, Southerland, Stewart, Summerville, Tate, Tracy, Watson, Yager, Mr. Speaker McNally, Mr. Speaker Ramsey -- 28.
              Senators voting no were: Kyle, Marrero -- 2.

    SB3412 by Beavers - SENATE JUDICIARY COMMITTEE:
    Recommended for passage w/amendments- refer to: S. Cal. Comm. 4/11/2012
    Passed
              Ayes................................................8
              Noes................................................1

              Senators voting aye were: Barnes, Beavers, Bell, Campfield, Ford, Kelsey, Overbey, Yager -- 8.
              Senators voting no were: Marrero -- 1.