Read the full stored bill text
House
File
2316
-
Introduced
HOUSE
FILE
2316
BY
DIEKEN
,
FETT
,
CISNEROS
,
WILLS
,
LARSON
,
THOMSON
,
FISHER
,
and
C.
JOHNSON
A
BILL
FOR
An
Act
relating
to
the
treatment
of
an
unborn
child
for
the
1
purposes
of
damages
for
wrongful
death,
homicide
and
related
2
crimes,
and
assault,
making
penalties
applicable,
and
3
including
effective
date
and
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
PURPOSES.
The
general
assembly
finds
and
1
declares
that
the
purposes
of
this
Act
are
all
of
the
2
following:
3
1.
To
recognize
that
the
fourteenth
amendment
to
the
4
Constitution
of
the
United
States
requires
that
“No
state
5
shall...deny
to
any
person
within
its
jurisdiction
the
equal
6
protection
of
the
laws.”
7
2.
To
fully
recognize
that
innocent
human
life,
created
in
8
the
image
of
God,
should
be
equally
protected
under
the
law
9
from
fertilization
to
natural
death.
10
3.
To
ensure
that
the
rights
of
unborn
children
are
11
protected
from
homicide
and
assault
by
the
same
criminal
and
12
civil
laws
protecting
all
other
persons.
13
4.
To
recognize
that
all
persons
potentially
subject
to
such
14
laws
are
entitled
to
due
process
protections.
15
5.
To
ensure
that
pregnant
women
are
protected
under
the
law
16
from
being
pressured
to
abort
a
child.
17
6.
To
remove
provisions
that
may
allow
a
person
to
solicit,
18
command,
aid,
or
counsel
a
pregnant
woman
to
abort
a
child.
19
Sec.
2.
Section
633.336,
Code
2026,
is
amended
to
read
as
20
follows:
21
633.336
Damages
for
wrongful
death.
22
1.
When
a
wrongful
act
produces
death,
damages
recovered
as
23
a
result
of
the
wrongful
act
shall
be
disposed
of
as
personal
24
property
belonging
to
the
estate
of
the
deceased;
however,
if
25
the
damages
include
damages
for
loss
of
services
and
support
26
of
a
deceased
spouse,
parent,
or
child,
the
damages
shall
be
27
apportioned
by
the
court
among
the
surviving
spouse,
children,
28
and
parents
of
the
decedent
in
a
manner
as
the
court
may
deem
29
equitable
consistent
with
the
loss
of
services
and
support
30
sustained
by
the
surviving
spouse,
children,
and
parents
31
respectively.
32
2.
Any
recovery
by
a
parent
for
the
death
of
a
child
shall
33
be
subordinate
to
the
recovery,
if
any,
of
the
spouse
or
a
34
child
of
the
decedent.
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3.
If
the
decedent
leaves
a
spouse,
child,
or
parent,
1
damages
for
wrongful
death
shall
not
be
subject
to
debts
and
2
charges
of
the
decedent’s
estate,
except
for
amounts
to
be
paid
3
to
the
department
of
health
and
human
services
for
payments
4
made
for
medical
assistance
pursuant
to
chapter
249A
,
paid
5
on
behalf
of
the
decedent
from
the
time
of
the
injury
which
6
gives
rise
to
the
decedent’s
death
up
until
the
date
of
the
7
decedent’s
death.
8
4.
a.
For
the
purposes
of
this
section,
damages
for
9
wrongful
death
of
a
child
shall
include
the
wrongful
death
of
10
an
unborn
child.
11
b.
For
the
purposes
of
this
subsection:
12
(1)
“Fertilization”
means
the
fusion
of
a
human
spermatozoon
13
with
a
human
ovum.
14
(2)
“Fetal
death”
means
the
same
as
defined
in
section
15
144.1.
16
(3)
“Unborn
child”
means
an
individual
organism
of
17
the
species
homo
sapiens
at
any
stage
of
development
from
18
fertilization
to
fetal
death
or
live
birth.
19
Sec.
3.
NEW
SECTION
.
707.1A
Homicide
and
related
crimes
——
20
unborn
child
victim.
21
1.
a.
As
used
in
this
chapter,
“person”
includes
an
unborn
22
child
when
the
person
is
the
victim
of
the
crime.
23
b.
For
the
purposes
of
this
section:
24
(1)
“Fertilization”
means
the
fusion
of
a
human
spermatozoon
25
with
a
human
ovum.
26
(2)
“Fetal
death”
means
the
same
as
defined
in
section
27
144.1.
28
(3)
“Unborn
child”
means
an
individual
organism
of
the
29
species
homo
sapiens
from
fertilization
to
fetal
death
or
live
30
birth.
31
2.
Prosecution
of
a
crime
under
this
chapter,
when
the
32
victim
is
an
unborn
child,
is
subject
to
the
same
presumptions,
33
defenses,
justifications,
immunities,
clemencies,
and
other
34
due
process
protections
that
would
apply
if
the
victim
were
a
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person
following
a
live
birth.
1
3.
This
section
shall
not
apply
to
the
unintentional
death
2
of
an
unborn
child
resulting
from
either
of
the
following:
3
a.
The
performance
of
life-saving
procedures
to
save
the
4
life
of
a
pregnant
woman
when
accompanied
by
reasonable
steps,
5
if
available,
to
save
the
life
of
the
unborn
child.
6
b.
A
miscarriage.
7
4.
If
a
provision
of
law
conflicts
with
this
section,
this
8
section
shall
prevail.
9
Sec.
4.
NEW
SECTION
.
708.1A
Assault
on
an
unborn
child.
10
1.
a.
As
used
in
this
chapter,
“person”
includes
an
unborn
11
child
when
the
person
is
the
victim
of
the
crime.
12
b.
For
the
purposes
of
this
section:
13
(1)
“Fertilization”
means
the
fusion
of
a
human
spermatozoon
14
with
a
human
ovum.
15
(2)
“Fetal
death”
means
the
same
as
defined
in
section
16
144.1.
17
(3)
“Unborn
child”
means
an
individual
organism
of
the
18
species
homo
sapiens
from
fertilization
to
fetal
death
or
live
19
birth.
20
2.
Prosecution
of
a
crime
under
this
chapter,
when
the
21
victim
is
an
unborn
child,
is
subject
to
the
same
presumptions,
22
defenses,
justifications,
immunities,
clemencies,
and
other
23
due
process
protections
that
would
apply
if
the
victim
were
a
24
person
following
a
live
birth.
25
3.
This
section
shall
not
apply
to
the
unintentional
harm
26
to
or
death
of
an
unborn
child
resulting
from
either
of
the
27
following:
28
a.
The
performance
of
life-saving
procedures
to
save
the
29
life
of
a
pregnant
woman
when
accompanied
by
reasonable
steps,
30
if
available,
to
save
the
life
of
the
unborn
child.
31
b.
A
miscarriage.
32
4.
If
a
provision
of
law
conflicts
with
this
section,
this
33
section
shall
prevail.
34
Sec.
5.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
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importance,
takes
effect
upon
enactment.
1
Sec.
6.
APPLICABILITY.
This
Act
applies
only
to
conduct
or
2
an
act
occurring
on
or
after
the
effective
date
of
this
Act.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
the
treatment
of
an
unborn
child
for
7
purposes
of
damages
for
wrongful
death,
certain
crimes,
and
8
certain
defenses.
9
The
bill
provides
the
purposes
of
the
bill.
10
The
bill
amends
Code
section
633.336
(damages
for
wrongful
11
death)
to
provide
that
damages
for
wrongful
death
of
a
child
12
shall
include
the
wrongful
death
of
an
unborn
child,
as
defined
13
in
the
bill
to
mean
an
individual
organism
of
the
species
homo
14
sapiens
from
fertilization
to
fetal
death
or
live
birth.
15
The
bill
creates
new
Code
section
707.1A
(homicide
and
16
related
crimes
——
unborn
child
victim)
that
provides
that
17
for
the
purpose
of
Code
chapter
707
(homicide
and
related
18
crimes),
“person”
includes
an
unborn
child
when
the
person
19
is
the
victim
of
the
crime.
The
new
Code
section
provides
20
that
prosecution
of
a
crime
under
Code
chapter
707,
when
the
21
victim
is
an
unborn
child,
is
subject
to
the
same
presumptions,
22
defenses,
justifications,
immunities,
clemencies,
and
other
23
due
process
protections
that
would
apply
if
the
victim
were
24
a
person
following
a
live
birth.
The
Code
section
shall
not
25
apply
to
the
unintentional
death
of
an
unborn
child
resulting
26
from
the
performance
of
life-saving
procedures
to
save
the
27
life
of
a
pregnant
woman
when
accompanied
by
reasonable
steps,
28
if
available,
to
save
the
life
of
the
unborn
child;
or
to
a
29
miscarriage.
If
a
provision
of
law
conflicts
with
the
new
Code
30
section,
the
new
Code
section
prevails.
31
The
bill
also
creates
new
Code
section
708.1A
(assault
on
32
an
unborn
child).
The
new
Code
section
provides
that
for
33
the
purpose
of
Code
chapter
708
(assault),
“person”
includes
34
an
unborn
child
when
the
person
is
the
victim
of
the
crime.
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The
new
Code
section
provides
that
prosecution
of
a
crime
1
under
Code
chapter
708,
when
the
victim
is
an
unborn
child,
is
2
subject
to
the
same
presumptions,
defenses,
justifications,
3
immunities,
clemencies,
and
other
due
process
protections
that
4
would
apply
if
the
victim
were
a
person
following
a
live
birth.
5
The
Code
section
shall
not
apply
to
the
unintentional
death
of
6
or
harm
to
an
unborn
child
resulting
from
the
performance
of
7
life-saving
procedures
to
save
the
life
of
a
pregnant
woman
8
when
accompanied
by
reasonable
steps,
if
available,
to
save
the
9
life
of
the
unborn
child;
or
to
a
miscarriage.
If
a
provision
10
of
law
conflicts
with
the
new
Code
section,
the
new
Code
11
section
prevails.
12
The
bill
takes
effect
upon
enactment.
The
bill
applies
only
13
to
conduct
or
an
act
occurring
on
or
after
the
effective
date
14
of
the
bill.
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