Read the full stored bill text
House
File
2332
-
Introduced
HOUSE
FILE
2332
BY
DUNWELL
,
WHEELER
,
THOMSON
,
WILLS
,
C.
JOHNSON
,
BRADLEY
,
FISHER
,
GERHOLD
,
HOLT
,
HENDERSON
,
FETT
,
GEHLBACH
,
HAYES
,
WENGRYN
,
SIECK
,
SHIPLEY
,
STONE
,
JENEARY
,
HARRIS
,
LARSON
,
SITZMANN
,
ANDREWS
,
THOMPSON
,
and
KNIFF
McCULLA
A
BILL
FOR
An
Act
relating
to
elective
abortion
and
feticide,
providing
1
penalties,
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5992HH
(5)
91
ak/ko
H.F.
2332
Section
1.
FINDINGS.
1
1.
The
general
assembly
acknowledges
that
all
human
beings
2
are
created
equal
and
endowed
by
their
creator
with
certain
3
unalienable
rights,
the
foremost
of
which
is
the
right
to
life.
4
2.
Article
I,
section
1,
of
the
Constitution
of
the
State
of
5
Iowa
recognizes
that
all
men
and
women
are,
by
nature,
free
and
6
equal,
and
have
certain
inalienable
rights
——
among
which
are
7
those
of
enjoying
and
defending
life.
8
3.
Article
I,
section
9,
of
the
Constitution
of
the
State
9
of
Iowa
guarantees
that
no
person
may
be
deprived
of
life,
10
liberty,
or
property
without
due
process
of
law.
11
4.
The
fourteenth
amendment
to
the
Constitution
of
the
12
United
States
provides
that
no
state
shall
deprive
any
person
13
of
life,
liberty,
or
property,
without
due
process
of
law;
nor
14
deny
to
any
person
within
its
jurisdiction
the
equal
protection
15
of
the
laws.
16
5.
The
general
assembly,
in
the
exercise
of
its
17
constitutional
duties
and
powers,
has
a
fundamental
duty
to
18
provide
equal
protection
of
the
lives
of
all
persons,
including
19
unborn
children.
20
6.
The
general
assembly
finds
that
the
life
of
every
human
21
being
begins
at
conception.
22
7.
The
state
of
Iowa
maintains
a
fundamental
interest
in
23
protecting
the
life
of
every
human
being
from
conception.
24
Sec.
2.
NEW
SECTION
.
146F.1
Definitions.
25
For
purposes
of
this
chapter,
unless
the
context
otherwise
26
requires:
27
1.
“Elective
abortion”
means
the
act
of
using,
prescribing,
28
administering,
procuring,
or
selling
any
instrument,
medicine,
29
drug,
or
any
other
substance,
device,
or
means
with
the
purpose
30
of
terminating
a
clinically
diagnosed
pregnancy
of
a
woman,
31
with
knowledge
that
the
termination
by
any
of
those
means
will,
32
with
reasonable
likelihood,
cause
the
death
of
an
unborn
child.
33
“Elective
abortion”
does
not
include
any
of
the
following:
34
a.
In
vitro
fertilization
or
fertility
treatments
of
any
35
-1-
LSB
5992HH
(5)
91
ak/ko
1/
7
H.F.
2332
type.
1
b.
An
act
performed
with
the
intent
to
do
any
of
the
2
following:
3
(1)
Save
the
life
or
preserve
the
health
of
an
unborn
child.
4
(2)
Remove
a
deceased
unborn
child
as
the
result
of
a
5
spontaneous
abortion,
commonly
known
as
a
miscarriage.
6
(3)
Remove
or
treat
an
ectopic
pregnancy.
7
(4)
Treat
a
physiological
condition
which
the
pregnant
8
woman’s
physician
deems,
in
the
physician’s
reasonable
medical
9
judgment,
to
be
a
medical
emergency.
10
c.
A
spontaneous
abortion,
commonly
known
as
a
miscarriage.
11
d.
Medical
treatment
provided
to
a
pregnant
woman
by
a
12
licensed
physician
if
the
medical
treatment
is
not
intended
13
to
cause
an
elective
abortion,
even
if
the
medical
treatment
14
results
in
unintentional
injury
to,
or
the
accidental
death
of
15
an
unborn
child.
16
2.
“Fertilization”
means
the
same
as
defined
in
section
17
146B.1.
18
3.
“Medical
emergency”
means
the
same
as
defined
in
section
19
146B.1.
20
4.
“Unborn
child”
means
the
same
as
defined
in
section
21
146B.1.
22
Sec.
3.
NEW
SECTION
.
146F.2
Elective
abortion
——
23
prohibition.
24
1.
A
person
shall
not
knowingly
use,
employ,
or
administer
25
any
drug,
instrument,
device,
means,
or
procedure
upon
a
26
pregnant
woman
with
the
specific
intent
to
cause
an
elective
27
abortion.
28
2.
A
person
shall
not
knowingly
aid
or
abet
the
use,
29
employment,
or
administration
of
any
drug,
instrument,
device,
30
means,
or
procedure
upon
a
pregnant
woman
with
the
specific
31
intent
to
cause
an
elective
abortion.
32
3.
A
person
who
is
required
to
be
licensed
pursuant
to
33
section
147.2
who
fails
to
comply
with
this
chapter
is
subject
34
to
licensee
discipline.
35
-2-
LSB
5992HH
(5)
91
ak/ko
2/
7
H.F.
2332
4.
The
board
of
medicine
shall
adopt
rules
pursuant
to
1
chapter
17A
to
administer
and
enforce
this
section.
2
Sec.
4.
Section
707.7,
Code
2026,
is
amended
to
read
as
3
follows:
4
707.7
Feticide.
5
1.
As
used
in
this
section,
unless
the
context
otherwise
6
requires:
7
a.
“Serious
injury”
means
the
same
as
defined
in
section
8
702.18.
9
b.
“Unborn
child”
means
the
same
as
defined
in
section
10
146B.1.
11
1.
2.
Any
person
who
intentionally
terminates
a
human
12
pregnancy,
with
the
knowledge
and
voluntary
consent
of
the
13
pregnant
person,
after
the
end
of
the
second
trimester
of
the
14
pregnancy
where
death
of
the
fetus
results
causes
the
death
of
15
an
unborn
child
commits
feticide.
Feticide
is
a
class
“C”
“A”
16
felony.
17
2.
3.
Any
person
who
attempts
to
intentionally
terminate
a
18
human
pregnancy,
with
the
knowledge
and
voluntary
consent
of
19
the
pregnant
person,
after
the
end
of
the
second
trimester
of
20
the
pregnancy
cause
the
death
of
an
unborn
child
where
death
21
of
the
fetus
unborn
child
does
not
result
commits
attempted
22
feticide.
Attempted
feticide
is
a
class
“D”
“B”
felony.
23
3.
Any
person
who
terminates
a
human
pregnancy,
with
the
24
knowledge
and
voluntary
consent
of
the
pregnant
person,
who
25
is
not
a
person
licensed
to
practice
medicine
and
surgery
26
or
osteopathic
medicine
and
surgery
under
the
provisions
of
27
chapter
148
,
commits
a
class
“C”
felony.
28
4.
A
person
who
causes
the
death
an
unborn
child
during
29
the
commission
of
a
forcible
felony
is
guilty
of
a
class
“A”
30
felony.
31
5.
A
person
who
unintentionally
causes
the
death
of
an
32
unborn
child
during
the
commission
of
a
public
offense
other
33
than
a
forcible
felony
is
guilty
of
a
class
“D”
felony.
34
6.
A
person
who
unintentionally
causes
the
death
of
an
35
-3-
LSB
5992HH
(5)
91
ak/ko
3/
7
H.F.
2332
unborn
child
by
the
commission
of
an
act
in
a
manner
likely
1
to
cause
the
death
of
or
serious
injury
to
the
unborn
child
2
commits
an
aggravated
misdemeanor.
3
7.
A
person
who
intentionally
causes
serious
injury
to
an
4
unborn
child
by
the
commission
of
an
act
in
a
manner
likely
5
to
cause
the
death
of
or
serious
injury
to
the
unborn
child
6
commits
an
aggravated
misdemeanor.
7
8.
A
person
who
unintentionally
causes
serious
injury
to
8
an
unborn
child
by
the
commission
of
an
act
in
a
manner
likely
9
to
cause
the
death
of
or
serious
injury
to
the
unborn
child
10
commits
a
serious
misdemeanor.
11
4.
9.
This
section
shall
not
apply
to
the
termination
of
12
a
human
pregnancy
performed
by
a
physician
licensed
in
this
13
state
to
practice
medicine
or
surgery
or
osteopathic
medicine
14
or
surgery
when
in
the
best
clinical
judgment
of
the
physician
15
the
termination
is
performed
to
preserve
the
life
or
health
16
of
the
pregnant
person
or
of
the
fetus
and
every
reasonable
17
medical
effort
not
inconsistent
with
preserving
the
life
of
18
the
pregnant
person
is
made
to
preserve
the
life
of
a
viable
19
fetus
death
of
or
serious
injury
to
an
unborn
child
that
occurs
20
as
a
result
of
a
medical
procedure
performed
by
a
licensed
21
physician
that
is
necessary,
in
the
physician’s
reasonable
22
medical
judgment,
to
preserve
the
life
of
a
pregnant
woman
23
whose
life
is
endangered
by
a
physical
disorder,
physical
24
illness,
or
physical
injury,
including
a
life-endangering
25
physical
condition
caused
by
or
arising
from
the
pregnancy,
not
26
including
a
psychological,
emotional,
or
familial
condition,
27
or
the
woman’s
age;
or
when
continuation
of
the
pregnancy
28
will
create
a
serious
risk
of
substantial
and
irreversible
29
impairment
of
a
major
bodily
function
of
the
pregnant
woman
.
30
10.
This
section
shall
not
apply
to
an
act
committed
in
31
self-defense,
in
defense
of
another
person,
or
any
other
act
32
committed
if
legally
justified
or
excused.
33
11.
A
pregnant
woman
shall
not
be
prosecuted
for
the
death
34
or
serious
injury
of
her
unborn
child,
or
for
a
violation
of
35
-4-
LSB
5992HH
(5)
91
ak/ko
4/
7
H.F.
2332
subsection
3.
1
12.
The
attorney
general
may
prosecute
a
violation
of
this
2
section.
3
Sec.
5.
REPEAL.
Section
707.8,
Code
2026,
is
repealed.
4
Sec.
6.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
5
importance,
takes
effect
upon
enactment.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
relates
to
elective
abortions
and
feticide
and
10
provides
criminal
penalties.
11
The
bill
defines
“elective
abortion”,
“fertilization”,
12
“medical
emergency”,
and
“unborn
child”.
13
The
bill
creates
new
Code
section
146F.2
that
prohibits
a
14
person
from
knowingly
using,
employing,
or
administering
any
15
drug,
instrument,
device,
means,
or
procedure
upon
a
pregnant
16
woman
with
the
specific
intent
to
cause
an
elective
abortion,
17
or
from
aiding
or
abetting
such
conduct.
A
person
required
18
to
be
licensed
under
Code
section
147.2
who
violates
the
bill
19
shall
be
subject
to
licensee
discipline.
The
board
of
medicine
20
is
directed
to
adopt
administrative
rules
to
administer
and
21
enforce
the
new
Code
section.
22
The
bill
combines
Code
section
707.7,
relating
to
feticide,
23
with
Code
section
707.8,
relating
to
nonconsensual
termination
24
or
serious
injury
to
a
human
pregnancy.
Current
law
requires,
25
as
an
element
of
the
crimes
of
feticide
and
attempted
feticide
26
that
a
person
has
the
knowledge
and
voluntary
consent
of
the
27
pregnant
person
after
the
end
of
the
second
trimester
of
the
28
pregnancy.
The
bill
removes
these
elements
from
the
crimes
of
29
feticide
and
attempted
feticide.
The
bill
provides
that
any
30
person
who
intentionally
causes
the
death
of
an
unborn
child
31
commits
feticide,
and
increases
the
penalty
from
a
class
“C”
32
felony
to
a
class
“A”
felony.
The
bill
provides
that
any
33
person,
other
than
a
pregnant
woman,
who
attempts
to
cause
34
the
death
of
an
unborn
child
where
death
of
the
unborn
child
35
-5-
LSB
5992HH
(5)
91
ak/ko
5/
7
H.F.
2332
does
not
result
commits
attempted
feticide,
and
increases
the
1
penalty
from
a
class
“D”
felony
to
a
class
“B”
felony.
The
bill
2
removes
the
criminal
penalty
for
any
person
who
terminates
a
3
human
pregnancy,
with
the
knowledge
and
voluntary
consent
of
4
the
pregnant
person,
who
is
not
a
person
licensed
to
practice
5
medicine
and
surgery
or
osteopathic
medicine
and
surgery.
The
6
penalty
for
causing
the
death
of
an
unborn
child
during
the
7
commission
of
a
forcible
felony
is
a
class
“A”
felony.
8
Current
law
provides
that
a
person
who
terminates
a
human
9
pregnancy
without
the
consent
of
the
pregnant
person
during
10
the
commission
of
a
felony
or
felonious
assault
is
guilty
of
11
a
class
“C”
felony.
Under
the
bill,
a
person
who
causes
the
12
death
of
an
unborn
child
during
the
commission
of
a
public
13
offense
other
than
a
forcible
felony
commits
a
class
“D”
14
felony.
Under
the
bill,
a
person
who
unintentionally
causes
15
the
death
of
an
unborn
child
by
the
commission
of
an
act
in
a
16
manner
likely
to
cause
the
death
of
or
serious
injury
to
the
17
unborn
child
commits
an
aggravated
misdemeanor;
a
person
who
18
intentionally
causes
serious
injury
to
an
unborn
child
by
the
19
commission
of
an
act
in
a
manner
likely
to
cause
the
death
of
20
or
serious
injury
to
the
unborn
child
commits
an
aggravated
21
misdemeanor;
a
person
who
unintentionally
causes
serious
injury
22
to
an
unborn
child
by
the
commission
of
an
act
in
a
manner
23
likely
to
cause
the
death
of
or
serious
injury
to
the
unborn
24
child
commits
a
serious
misdemeanor.
25
Under
the
bill,
Code
section
707.7
shall
not
apply
to
the
26
death
of
or
serious
injury
to
an
unborn
child
that
occurs
as
a
27
result
of
a
medical
procedure
performed
by
a
licensed
physician
28
that
is
necessary
to
preserve
the
life
of
a
pregnant
woman
29
whose
life
is
endangered
by
a
physical
disorder,
physical
30
illness,
or
physical
injury
as
described
in
the
bill.
Code
31
section
707.7
also
does
not
apply
to
an
act
committed
in
32
self-defense,
in
defense
of
another
person,
or
any
other
act
33
committed
if
legally
justified
or
excused.
34
Under
the
bill,
a
pregnant
woman
shall
not
be
prosecuted
for
35
-6-
LSB
5992HH
(5)
91
ak/ko
6/
7
H.F.
2332
the
death
or
serious
injury
of
or
the
attempt
to
cause
death
or
1
serious
injury
of
her
unborn
child.
2
Current
law
specifies
that
Code
section
707.7
does
not
apply
3
to
the
termination
of
a
human
pregnancy
performed
by
a
licensed
4
physician
when
in
the
best
clinical
judgment
of
the
physician
5
the
termination
is
performed
to
preserve
the
life
or
health
of
6
the
pregnant
person
or
fetus.
7
The
bill
allows
the
attorney
general
to
prosecute
a
8
violation
of
Code
section
707.7.
9
The
bill
repeals
Code
section
707.8.
10
A
class
“A”
felony
is
punishable
by
confinement
for
11
life
without
possibility
of
parole.
A
class
“B”
felony
is
12
punishable
by
confinement
for
no
more
than
25
years.
A
class
13
“C”
felony
is
punishable
for
no
more
than
10
years
and
a
fine
14
of
at
least
$1,370
but
not
more
than
$13,660.
A
class
“D”
15
felony
is
punishable
by
confinement
for
no
more
than
five
years
16
and
a
fine
of
at
least
$1,025
but
not
more
than
$10,245.
An
17
aggravated
misdemeanor
is
punishable
by
confinement
for
no
more
18
than
two
years
and
a
fine
of
at
least
$855
but
not
more
than
19
$8,540.
A
serious
misdemeanor
is
punishable
by
a
fine
of
at
20
least
$430
but
not
more
than
$2,560.
21
The
bill
takes
effect
upon
enactment.
22
-7-
LSB
5992HH
(5)
91
ak/ko
7/
7