SF 362 (LSB 1405XS (2) 86)

SENATE FILE 362

BY  SCHNEIDER, GUTH, SEGEBART, JOHNSON, GARRETT, SCHULTZ, BREITBACH, BEHN, DIX, WHITVER, SINCLAIR, COSTELLO, CHELGREN, SHIPLEY, KRAAYENBRINK, BERTRAND, ANDERSON, FEENSTRA, CHAPMAN, SMITH, SENG, KAPUCIAN, ZAUN, ROZENBOOM, and ZUMBACH

A BILL FOR

An Act relating to the definition of person for the purposes of survival of causes of action.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 611.20, Code 2015, is amended to read as follows:
   611.20  Actions survive.
   1.  All causes of action shall survive and may be brought notwithstanding the death of the person entitled or liable to the same.
   2.  For the purposes of this section, “person” includes an unborn child who has reached viability as defined in section 702.20.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the survival of a civil cause of action and provides that for the purposes of a cause of action surviving, notwithstanding the death of the person entitled or liable, “person” includes an unborn child who has reached viability. “Viability” is defined in Code section 702.20 as that stage of fetal development when the life of the unborn child may be continued indefinitely outside the womb by natural or artificial life support systems. The time when viability is achieved may vary with each pregnancy, and the determination of whether a particular fetus is viable is a matter of responsible medical judgment.