SF 2295 (LSB 5708XS (3) 87)

SENATE FILE 2295

BY  BERTRAND

A BILL FOR

An Act relating to feticide, making penalties applicable, and providing for a repeal.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 707.7, Code 2018, is amended to read as follows:
   707.7  Feticide.
   1.  Any person who intentionally terminates a human pregnancy, with the knowledge and voluntary consent of the pregnant person, after the end of the second trimester of the pregnancy reaches one week postfertilization, where death of the fetus results, commits feticide. Feticide is a class “C” felony.
   2.  Any person who attempts to intentionally terminate a human pregnancy, with the knowledge and voluntary consent of the pregnant person, after the end of the second trimester of the pregnancy reaches one week postfertilization, where death of the fetus does not result, commits attempted feticide. Attempted feticide is a class “D” felony.
   3.  Any person who terminates a human pregnancy, with the knowledge and voluntary consent of the pregnant person, who is not a person licensed to practice medicine and surgery or osteopathic medicine and surgery under the provisions of chapter 148, commits a class “C” felony.
   4.  a.  This section shall not apply to the termination of a human pregnancy performed by a physician licensed in this state to practice medicine or surgery or osteopathic medicine or surgery when, in the best clinical judgment of the physician, the termination is performed to preserve the life or health of the pregnant person or of the fetus or to avert a serious risk to the pregnant person of a substantial and irreversible physical impairment of a major bodily function and every reasonable medical effort not inconsistent with preserving the life of the pregnant person is made to preserve the life of a viable fetus.
   b.  This section shall not apply to the termination of a human pregnancy between fertilization and until the pregnancy reaches twenty-four weeks postfertilization, performed by a physician licensed in this state to practice medicine or surgery or osteopathic medicine or surgery when, in the best clinical judgment of the physician, the human pregnancy has a fetal anomaly incompatible with life. For the purposes of this paragraph “b”, “fetal anomaly incompatible with life” means a fetal condition diagnosed in utero that, if the pregnancy results in a live birth, will with reasonable certainty result in the death of the child or will result in requiring the provision of life-sustaining procedures as defined in section 144A.2 to the child after the child’s birth and for the duration of the child’s life.
    Sec. 2.  REPEAL.  Chapters 146A and 146B, Code 2018, are repealed.
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 feticide. The bill amends Code section 707.7 (feticide) to specify when feticide or attempted feticide is committed. The bill provides that any person who intentionally terminates a human pregnancy, with the knowledge and voluntary consent of the pregnant person, after the pregnancy reaches one week postfertilization, where death of the fetus results, commits feticide. Feticide is a class “C” felony. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000. Under existing law, feticide is committed when a person intentionally terminates a human pregnancy, with the knowledge and voluntary consent of the pregnant person, after the end of the second trimester of the pregnancy, where death of the fetus results.
   The bill provides that any person who attempts to intentionally terminate a human pregnancy, with the knowledge and voluntary consent of the pregnant person, after the pregnancy reaches one week postfertilization, where death of the fetus does not result, commits attempted feticide. Attempted feticide is a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. Under existing law, attempted feticide is committed when a person attempts to intentionally terminate a human pregnancy, with the knowledge and voluntary consent of the pregnant person, after the end of the second trimester of the pregnancy, where death of the fetus does not result. 
   The bill also provides that the feticide provisions do not apply to the termination of a human pregnancy performed by a physician licensed in this state when in the best clinical judgment of the physician the termination is performed to preserve the life, but not the health, of the pregnant person or of the fetus or to avert a serious risk to the pregnant person of a substantial and irreversible physical impairment of a major bodily function and every reasonable medical effort not inconsistent with preserving the life of the pregnant person is made to preserve the life of a viable fetus.
   Additionally, the feticide provisions do not apply to the termination of a human pregnancy between fertilization and until the pregnancy reaches 24 weeks postfertilization, performed by a physician licensed in the state when in the best clinical judgment of the physician the human pregnancy has a fetal anomaly incompatible with life. The bill defines “fetal anomaly incompatible with life” as a fetal condition diagnosed in utero that, if the pregnancy results in a live birth, will with reasonable certainty result in the death of the child or will result in requiring the provision of life-sustaining procedures to the child after the child’s birth and for the duration of the child’s life. 
   The bill also repeals Code chapter 146A (abortion prerequisites) and Code chapter 146B (abortion —— limitations and prerequisites) which are inconsistent with the feticide provisions in the bill.