Senate File 13 - Introduced SENATE FILE 13 BY ANDERSON A BILL FOR An Act prohibiting gender-selection abortions, and providing 1 penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1032XS (2) 85 pf/nh

S.F. 13 Section 1. NEW SECTION . 146A.1 Gender-selection abortions 1 —— prohibited —— criminal penalties —— certification —— civil and 2 injunctive relief. 3 1. A person who knowingly does any of the following commits 4 a class “C” felony: 5 a. Performs an abortion which is sought based upon the 6 gender of the fetus. 7 b. Uses force or the threat of force for the purpose of 8 coercing a woman into an abortion based on gender of the fetus. 9 c. Solicits or accepts money to perform an abortion based 10 upon the gender of the fetus. 11 2. A criminal penalty shall not be imposed under this 12 section on a woman upon whom an abortion is performed. 13 3. A physician shall not perform an abortion on a woman 14 unless the physician first certifies in writing that the 15 physician is not performing the abortion based on the gender 16 of the fetus and has no knowledge that the woman seeking the 17 abortion is seeking the abortion based upon the gender of the 18 fetus. A copy of the written certification shall be maintained 19 in the woman’s medical record. 20 4. A woman upon whom a gender-selection abortion is 21 performed in violation of this section, or the spouse of 22 the woman at the time that the gender-selection abortion is 23 performed on the woman in violation of this section, may 24 maintain a civil action against the physician who performed 25 the abortion in violation of this section for actual damages. 26 If the plaintiff prevails in an action brought under this 27 subsection, the plaintiff shall be entitled to an award for 28 reasonable attorney fees. If the defendant prevails in an 29 action brought under this section and the court finds that the 30 plaintiff’s suit was frivolous and brought in bad faith, the 31 defendant shall be entitled to an award for reasonable attorney 32 fees. 33 5. A cause of action for injunctive relief to prevent 34 a physician from performing abortions may be maintained by 35 -1- LSB 1032XS (2) 85 pf/nh 1/ 2

S.F. 13 the county attorney with appropriate jurisdiction or by the 1 attorney general against a physician who has violated this 2 section. 3 EXPLANATION 4 This bill relates to abortions performed based on gender 5 selection. 6 The bill provides that a physician commits a class “C” 7 felony if the physician performs an abortion which is sought 8 based upon the gender of the fetus, uses force or the threat 9 of force for the purpose of coercing a woman into an abortion 10 based on the gender of the fetus, or solicits or accepts money 11 to perform an abortion based upon the gender of the fetus. The 12 bill provides, however, that a criminal penalty shall not be 13 imposed on a woman upon whom an abortion is performed. 14 The bill also requires that prior to performing an abortion, 15 a physician shall first certify in writing that the physician 16 is not performing the abortion based on the gender of the fetus 17 and has no knowledge that the woman seeking the abortion is 18 seeking the abortion based upon the gender of the fetus. A 19 copy of the written certification is required to be maintained 20 in the woman’s medical record. 21 The bill provides that a woman upon whom a gender-selection 22 abortion is performed in violation of the bill, or the spouse 23 of the woman, may maintain a civil action against the physician 24 who performed the abortion in violation of the bill for actual 25 damages, and provides for awarding of reasonable attorney fees. 26 The bill also provides that the county attorney with 27 jurisdiction, or the attorney general, may maintain a cause 28 of action for injunctive relief to prevent a physician from 29 performing abortions if the physician has violated a provision 30 of the bill. 31 -2- LSB 1032XS (2) 85 pf/nh 2/ 2