HF 115 (LSB 1959YH (3) 86)

HOUSE FILE 115

BY  WINDSCHITL

A BILL FOR

An Act relating to the definition of person under the criminal code.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  702.24  Person and application to crimes against a person.
   1.  Whenever the word “person” appears in the criminal code relating to crimes against a person, “person” means all living human beings from the beginning of their biological development as human organisms regardless of age, race, sex, gender, capacity to function, condition of physical or mental dependency or disability, or method of sexual or asexual reproduction used, whether existing in vivo or in vitro, and each person is accorded the same rights and protections guaranteed to all persons by the Constitution of the United States, the Constitution of the State of Iowa, and the laws of this state.
   2.  Notwithstanding any other provision of law to the contrary, in the criminal code:
   a.  The elements of a crime against a person shall not be interpreted to preclude the use of medications or procedures necessary to relieve a person’s pain or discomfort if the use of the medications or procedures is not intentionally or knowingly prescribed or administered to cause the death of a person.
   b.  The following acts do not constitute a crime against a person:
   (1)  Medical treatment for life-threatening conditions, provided to a person by a physician licensed to practice medicine, which results in the accidental or unintentional injury or death of another person.
   (2)  Legitimate medical treatment for life-threatening conditions not intended to harm a person but which has the foreseeable effect of ending a person’s life, including legitimate medical treatment to preserve the life of a pregnant woman even if the foreseeable effect is harm to the fetus, as long as the person providing the medical treatment exercises that degree of professional skill, care, and diligence available to preserve the life and health of the fetus.
   (3)  The creation of a person through in vitro fertilization.
   (4)  Contraception administered before a clinically diagnosable pregnancy.
   c.  A crime against a person who has not yet been born shall only be charged against the principal actor of the criminal conduct.
   (1)  For the purposes of this lettered paragraph “c”, a person is a principal actor if the person does any of the following:
   (a)  Commits an offense punishable under the criminal code or aids, abets, counsels, commands, or procures its commission.
   (b)  Causes an act to be done which, if directly performed by the person, would be punishable under the criminal code.
   (2)  For the purposes of this lettered paragraph “c”, the woman who is pregnant with the person who has not yet been born shall not be considered a principal actor.
   3.  This section shall not be interpreted as a basis for inuring to or vesting in a child before the time of live birth or in the biological parents of a child before the time of live birth a pecuniary interest or citizenship status.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill defines “person” for the purposes of the criminal code to be: all living human beings from the beginning of their biological development as human organisms regardless of age, race, sex, gender, capacity to function, condition of physical or mental dependency or disability, or method of sexual or asexual reproduction used, whether existing in vivo or in vitro, and each person is accorded the same rights and protections guaranteed to all persons by the Constitution of the United States, the Constitution of the State of Iowa, and the laws of this state.
   The bill provides some exemptions to the interpretation and application of crimes against a person based on the definition. The bill provides that elements of a crime against a person shall not be interpreted to preclude the use of medications or procedures necessary to relieve a person’s pain or discomfort if the use of the medications or procedures is not intentionally or knowingly prescribed or administered to cause the death of a person. Additionally, the following acts do not constitute a crime against a person:
   1.  Medical treatment for life-threatening conditions, provided to a person by a physician licensed to practice medicine, which results in the accidental or unintentional injury or death of another person.
   2.  Legitimate medical treatment for life-threatening conditions not intended to harm a person but which has the foreseeable effect of ending a person’s life, including legitimate medical treatment to preserve the life of a pregnant woman even if the foreseeable effect is harm to the fetus, as long as the person providing the medical treatment exercises that degree of professional skill, care, and diligence available to preserve the life and health of the fetus.
   3.  The creation of a person through in vitro fertilization.
   4.  Contraception administered before a clinically diagnosable pregnancy.
   Finally, under the bill, a crime against a person who has not yet been born shall only be charged against the principal actor of the criminal conduct. The bill defines “principal actor” for the purposes of the bill and provides that a woman who is pregnant with the person who has not yet been born is not to be considered a principal actor.
   The bill also provides that the provisions of the bill are not to be interpreted as a basis for inuring to or vesting in a child before the time of live birth or in the biological parents of a child before the time of live birth a pecuniary interest or citizenship status.