SF 523 (LSB 2267SV (1) 88)

SENATE FILE 523

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1170)

A BILL FOR

An Act relating to the nonconsensual termination of and serious injury to a human pregnancy, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 707.8, subsections 1 and 2, Code 2019, are amended by striking the subsections and inserting in lieu thereof the following:
   1.  A person who knew or reasonably should have known that a person was pregnant is guilty of a class “A” felony under any of the following circumstances:
   a.  The person intended to cause the death of or serious bodily injury to the pregnant person or to terminate or cause serious injury to the human pregnancy, and without the pregnant person’s consent, terminates the human pregnancy.
   b.  The person knew or reasonably should have known that the person’s actions would cause the death of or serious bodily injury to the pregnant person or would terminate or cause serious injury to the human pregnancy, and without the pregnant person’s consent, terminates the human pregnancy.
   2.  A person who knew or reasonably should have known that a person was pregnant is guilty of a class “A” felony if the person, without specific intent to cause the death of or serious bodily injury to the pregnant person or to terminate or cause serious injury to the human pregnancy, terminates the human pregnancy without the pregnant person’s consent, during the commission of a felony.
    Sec. 2.  Section 707.8, subsections 3 and 4, Code 2019, are amended to read as follows:
   3.  A person who intentionally terminates a human pregnancy without the knowledge and voluntary consent of the pregnant person is guilty of a class “C” “B” felony.
   4.  A person who unintentionally terminates a human pregnancy by any of the means provided pursuant to section 707.6A, subsection 1, is guilty of a class “C” “B” felony.
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 nonconsensual termination of and serious injury to a human pregnancy.
   The bill strikes current provisions relating to the termination of a human pregnancy without the consent of the pregnant person during the commission of a forcible felony or during the commission of a felony or felonious assault. The bill instead provides that a person who knew or reasonably should have known that a person was pregnant is guilty of a class “A” felony if either (1) the person intended to cause the death of or serious bodily injury to the pregnant person or to terminate or cause serious injury to the human pregnancy, and without the pregnant person’s consent, terminates the human pregnancy, or (2) the person knew or reasonably should have known the person’s actions would cause the death of or serious bodily injury to the pregnant person or would terminate or cause serious injury to the human pregnancy, and without the pregnant person’s consent, terminates the human pregnancy. Additionally, the bill provides that a person who knew or reasonably should have known that a person was pregnant is guilty of a class “A” felony if the person, without specific intent to cause the death of or serious bodily injury to the pregnant person or to terminate or cause serious injury to the human pregnancy, terminates the human pregnancy, without the pregnant person’s consent, during the commission of a felony.
   The bill also increases the penalty for a person who unintentionally terminates a human pregnancy by any of the means provided pursuant to Code section 707.6A(1), (unintentionally causing the death of another by operating a motor vehicle while intoxicated) and for a person who intentionally terminates a human pregnancy without the voluntary and informed consent of the pregnant person from a class “C” felony to a class “B” felony.