S.F. 2295 Section 1. Section 707.7, Code 2018, is amended to read as 1 follows: 2 707.7 Feticide. 3 1. Any person who intentionally terminates a human 4 pregnancy, with the knowledge and voluntary consent of the 5 pregnant person, after the end of the second trimester of the 6 pregnancy reaches one week postfertilization, where death of 7 the fetus results , commits feticide. Feticide is a class “C” 8 felony. 9 2. Any person who attempts to intentionally terminate a 10 human pregnancy, with the knowledge and voluntary consent of 11 the pregnant person, after the end of the second trimester 12 of the pregnancy reaches one week postfertilization, where 13 death of the fetus does not result , commits attempted feticide. 14 Attempted feticide is a class “D” felony. 15 3. Any person who terminates a human pregnancy, with the 16 knowledge and voluntary consent of the pregnant person, who 17 is not a person licensed to practice medicine and surgery 18 or osteopathic medicine and surgery under the provisions of 19 chapter 148 , commits a class “C” felony. 20 4. a. This section shall not apply to the termination of a 21 human pregnancy performed by a physician licensed in this state 22 to practice medicine or surgery or osteopathic medicine or 23 surgery when , in the best clinical judgment of the physician , 24 the termination is performed to preserve the life or health 25 of the pregnant person or of the fetus or to avert a serious 26 risk to the pregnant person of a substantial and irreversible 27 physical impairment of a major bodily function and every 28 reasonable medical effort not inconsistent with preserving the 29 life of the pregnant person is made to preserve the life of a 30 viable fetus. 31 b. This section shall not apply to the termination of a 32 human pregnancy between fertilization and until the pregnancy 33 reaches twenty-four weeks postfertilization, performed by 34 a physician licensed in this state to practice medicine or 35 -1- LSB 5708XS (3) 87 pf/rh 1/ 3

S.F. 2295 surgery or osteopathic medicine or surgery when, in the best 1 clinical judgment of the physician, the human pregnancy has 2 a fetal anomaly incompatible with life. For the purposes of 3 this paragraph “b” , “fetal anomaly incompatible with life” means 4 a fetal condition diagnosed in utero that, if the pregnancy 5 results in a live birth, will with reasonable certainty result 6 in the death of the child or will result in requiring the 7 provision of life-sustaining procedures as defined in section 8 144A.2 to the child after the child’s birth and for the 9 duration of the child’s life. 10 Sec. 2. REPEAL. Chapters 146A and 146B, Code 2018, are 11 repealed. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill relates to feticide. The bill amends Code 16 section 707.7 (feticide) to specify when feticide or attempted 17 feticide is committed. The bill provides that any person who 18 intentionally terminates a human pregnancy, with the knowledge 19 and voluntary consent of the pregnant person, after the 20 pregnancy reaches one week postfertilization, where death of 21 the fetus results, commits feticide. Feticide is a class “C” 22 felony. A class “C” felony is punishable by confinement for no 23 more than 10 years and a fine of at least $1,000 but not more 24 than $10,000. Under existing law, feticide is committed when 25 a person intentionally terminates a human pregnancy, with the 26 knowledge and voluntary consent of the pregnant person, after 27 the end of the second trimester of the pregnancy, where death 28 of the fetus results. 29 The bill provides that any person who attempts to 30 intentionally terminate a human pregnancy, with the knowledge 31 and voluntary consent of the pregnant person, after the 32 pregnancy reaches one week postfertilization, where death 33 of the fetus does not result, commits attempted feticide. 34 Attempted feticide is a class “D” felony. A class “D” felony 35 -2- LSB 5708XS (3) 87 pf/rh 2/ 3

S.F. 2295 is punishable by confinement for no more than five years and a 1 fine of at least $750 but not more than $7,500. Under existing 2 law, attempted feticide is committed when a person attempts to 3 intentionally terminate a human pregnancy, with the knowledge 4 and voluntary consent of the pregnant person, after the end of 5 the second trimester of the pregnancy, where death of the fetus 6 does not result. 7 The bill also provides that the feticide provisions do not 8 apply to the termination of a human pregnancy performed by a 9 physician licensed in this state when in the best clinical 10 judgment of the physician the termination is performed to 11 preserve the life, but not the health, of the pregnant person 12 or of the fetus or to avert a serious risk to the pregnant 13 person of a substantial and irreversible physical impairment of 14 a major bodily function and every reasonable medical effort not 15 inconsistent with preserving the life of the pregnant person is 16 made to preserve the life of a viable fetus. 17 Additionally, the feticide provisions do not apply to 18 the termination of a human pregnancy between fertilization 19 and until the pregnancy reaches 24 weeks postfertilization, 20 performed by a physician licensed in the state when in the best 21 clinical judgment of the physician the human pregnancy has a 22 fetal anomaly incompatible with life. The bill defines “fetal 23 anomaly incompatible with life” as a fetal condition diagnosed 24 in utero that, if the pregnancy results in a live birth, will 25 with reasonable certainty result in the death of the child 26 or will result in requiring the provision of life-sustaining 27 procedures to the child after the child’s birth and for the 28 duration of the child’s life. 29 The bill also repeals Code chapter 146A (abortion 30 prerequisites) and Code chapter 146B (abortion —— limitations 31 and prerequisites) which are inconsistent with the feticide 32 provisions in the bill. 33 -3- LSB 5708XS (3) 87 pf/rh 3/ 3