SF 52 (LSB 1547XS (1) 87)

SENATE FILE 52

BY  ZAUN

A BILL FOR

An Act prohibiting certain actions regarding fetal body parts and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  146B.1  Fetal body parts —— actions prohibited —— penalties.
   1.  A person shall not knowingly acquire, provide, receive, otherwise transfer, or use a fetal body part in this state, regardless of whether the acquisition, provision, receipt, transfer, or use is for valuable consideration.
   2.  Subsection 1 shall not apply to any of the following:
   a.  Diagnostic or remedial tests, procedures, or observations which have the sole purpose of determining the life or health of the fetus in order to provide that information to the pregnant woman or to preserve the life or health of the fetus or pregnant woman.
   b.  The actions of a person taken in the furtherance of the final disposition of a fetal body part.
   3.  A person who violates this section is guilty of a class “C” felony.
   4.  For the purposes of this section:
   a.  “Abortion” means as defined in section 146.1.
   b.  “Fetal body part” means a cell, tissue, organ, or other part of a fetus that is terminated by an abortion.
   c.  “Final disposition” means the disposition of fetal body parts by burial, interment, entombment, cremation, or incineration.
   d.  “Valuable consideration” means any payment including but not limited to payment associated with the transportation, processing, preservation, quality control, or storage of fetal body parts.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits a person from knowingly acquiring, providing, receiving, otherwise transferring, or using a fetal body part in this state, regardless of whether the acquisition, provision, receipt, transfer, or use is for valuable consideration. However, the prohibition does not apply to diagnostic or remedial tests, procedures, or observations which have the sole purpose of determining the life or health of the fetus in order to provide that information to the pregnant woman or to preserve the life or health of the fetus or pregnant woman or to the actions of a person taken in the furtherance of the final disposition of a fetal body part.
   A person who violates the bill is guilty of 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.