AUSTIN, August 30, 2005 (LifeSiteNews.com) – A new law in Texas could have the unforeseen effect of capital murder charges for doctors aborting babies in the third trimester or without the consent of the parents of the mother.
While legislators have insisted that it was not their intent, the Texas District and County Attorneys Association has warned that the parental consent legislation to come into effect this week in conjunction with the 2003 fetal protection law may result in charges against doctors in a state that retains the death penalty.
Sen. Jane Nelson, R-Lewisville, who sponsored the parental consent measure, said, “There were no discussions about the death penalty during our legislative discussions of this issue,” Nelson said.
The 2003 bill recognizes the personhood of the unborn child and allows prosecution for murder of a person who harms or kills one in the course of another crime or with direct intention. Exceptions were made for legal drug use, action taken by the mother or a “lawful medical procedure.”
With the new law, an abortion that does not include parental consent ceases to be a “lawful medical procedure” and may be subject to prosecution under the 2003 statute.
Pro-lifers are skeptical that it could come to that given the current climate in the courts. “I think it’s a little bit of a stretch,” said Elizabeth Graham, director of Texas Right To Life. “The legislative intent clearly was not to incarcerate doctors or execute doctors who are performing abortions, illegal or otherwise.”
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