Senate File 523 S-3077 Amend Senate File 523 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 Section 1. Section 707.8, Code 2019, is amended to read as 4 follows: 5 707.8 Nonconsensual termination cause of death —— serious 6 injury to a human pregnancy an unborn person . 7 1. A person who terminates a human pregnancy causes the 8 death of an unborn person without the consent of the pregnant 9 person during the commission of a forcible felony is guilty of 10 a class “B” “A” felony. 11 2. A person who terminates a human pregnancy causes the 12 death of an unborn person without the consent of the pregnant 13 person during the commission of a felony or felonious assault 14 is guilty of a class “C” “A” felony. 15 3. A person who intentionally terminates a human pregnancy 16 causes the death of an unborn person without the knowledge and 17 voluntary consent of the pregnant person is guilty of a class 18 “C” “B” felony. 19 4. A person who unintentionally terminates a human 20 pregnancy causes the death of an unborn person by any of the 21 means provided pursuant to section 707.6A, subsection 1 , is 22 guilty of a class “C” “B” felony. 23 5. A person who by force or intimidation procures the 24 consent of the pregnant person to a termination of a human 25 pregnancy causes the death of an unborn person is guilty of a 26 class “C” felony. 27 6. A person who unintentionally terminates a human 28 pregnancy causes the death of an unborn person while drag 29 racing in violation of section 321.278 is guilty of a class “D” 30 felony. 31 7. A person who unintentionally terminates a human 32 pregnancy causes the death of an unborn person without the 33 knowledge and voluntary consent of the pregnant person by 34 the commission of an act in a manner likely to cause the 35 -1- SF523.1227 (2) 88 pf/rh 1/ 3 #1.
termination death of or serious injury to a human pregnancy an 1 unborn person is guilty of an aggravated misdemeanor. 2 8. A person commits an aggravated misdemeanor when the 3 person intentionally causes serious injury to a human pregnancy 4 an unborn person by the commission of an act in a manner likely 5 to cause the termination death of or serious injury to a human 6 pregnancy an unborn person . 7 9. A person commits an aggravated misdemeanor when the 8 person unintentionally causes serious injury to a human 9 pregnancy an unborn person by any of the means described in 10 section 707.6A, subsection 1 . 11 10. A person commits a serious misdemeanor when the person 12 unintentionally causes serious injury to a human pregnancy an 13 unborn person by the commission of an act in a manner likely to 14 cause the termination death of or serious injury to the human 15 pregnancy unborn person . 16 11. For the purposes of this section “serious injury to a 17 human pregnancy” an unborn person” means, relative to the human 18 pregnancy unborn person , disabling mental illness, or bodily 19 injury which creates a substantial risk of death or which 20 causes serious permanent disfigurement, or protracted loss or 21 impairment of the function of any bodily member or organ, and 22 includes but is not limited to skull fractures, rib fractures, 23 and metaphyseal fractures of the long bones. 24 12. As used in this section , actions which cause the 25 termination death of or serious injury to a pregnancy an unborn 26 person do not apply to any of the following: 27 a. An act or omission of the pregnant person. 28 b. A termination death of or a serious injury to a pregnancy 29 an unborn person which is caused by the performance of an 30 approved medical procedure performed by a person licensed in 31 this state to practice medicine and surgery or osteopathic 32 medicine and surgery, irrespective of the duration of the 33 pregnancy and with or without the voluntary consent of the 34 pregnant person when circumstances preclude the pregnant person 35 -2- SF523.1227 (2) 88 pf/rh 2/ 3
from providing consent. 1 c. An act committed in self-defense or in defense of another 2 person or any other act committed if legally justified or 3 excused. 4 13. As used in this section, “unborn person” means 5 an individual organism of the species homo sapiens from 6 fertilization to live birth. > 7 2. Title page, line 1, by striking < termination > and 8 inserting < cause of death > 9 3. Title page, line 2, by striking < a human pregnancy > and 10 inserting < an unborn person > 11 ______________________________ JAKE CHAPMAN -3- SF523.1227 (2) 88 pf/rh 3/ 3 #2. #3.