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House Amendment 5073

Amendment Text

PAG LIN
  1  1    Amend House File 2109 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  Section 707.7, unnumbered paragraphs
  1  5 1, 2, and 4, Code 1995, are amended to read as
  1  6 follows:
  1  7    Any person who intentionally terminates a human
  1  8 pregnancy, with the knowledge and voluntary consent of
  1  9 the pregnant person, after the end of the second
  1 10 trimester of the pregnancy where death of the fetus
  1 11 results commits feticide.  Feticide is a class "C"
  1 12 felony.
  1 13    Any person who attempts to intentionally terminate
  1 14 a human pregnancy, with the knowledge and voluntary
  1 15 consent of the pregnant person, after the end of the
  1 16 second trimester of the pregnancy where death of the
  1 17 fetus does not result commits attempted feticide.
  1 18 Attempted feticide is a class "D" felony.
  1 19    Any person who terminates a human pregnancy, with
  1 20 the knowledge and voluntary consent of the pregnant
  1 21 person, who is not a person licensed to practice
  1 22 medicine and surgery under the provisions of chapter
  1 23 148, or an osteopathic physician and surgeon licensed
  1 24 to practice osteopathic medicine and surgery under the
  1 25 provisions of chapter 150A, commits a class "C"
  1 26 felony.
  1 27    Sec. 2.  Section 707.8, Code 1995, is amended to
  1 28 read as follows:
  1 29    707.8  NONCONSENSUAL TERMINATION – SERIOUS INJURY
  1 30 TO A HUMAN PREGNANCY.
  1 31    1.  A person who terminates a human pregnancy
  1 32 without the consent of the pregnant person during the
  1 33 commission of a forcible felony is guilty of a class
  1 34 "B" felony.
  1 35    1. 2.  A person who terminates a human pregnancy
  1 36 without the consent of the pregnant person during the
  1 37 commission of a felony or felonious assault is guilty
  1 38 of a class "B" "C" felony.
  1 39    2. 3.  A person who intentionally terminates a
  1 40 human pregnancy without the knowledge and voluntary
  1 41 consent of the pregnant person is guilty of a class
  1 42 "C" felony.  This subsection shall not apply to a
  1 43 termination performed without the consent or knowledge
  1 44 of the pregnant person by a physician licensed in this
  1 45 state to practice medicine and surgery when
  1 46 circumstances preclude the pregnant person from
  1 47 providing consent and the termination is performed to
  1 48 preserve the life or health of the pregnant person or
  1 49 of the fetus.
  1 50    4.  A person who unintentionally terminates a human
  2  1 pregnancy by any of the means provided pursuant to
  2  2 section 707.6A, subsection 1, is guilty of a class "C"
  2  3 felony.
  2  4    3. 5.  A person who by force or intimidation
  2  5 procures the consent of the pregnant person to a
  2  6 termination of a human pregnancy is guilty of a class
  2  7 "C" felony.
  2  8    6.  A person who unintentionally terminates a human
  2  9 pregnancy while drag racing in violation of section
  2 10 321.278 is guilty of a class "D" felony.
  2 11    7.  A person who unintentionally terminates a human
  2 12 pregnancy without the knowledge and voluntary consent
  2 13 of the pregnant person by the commission of an act in
  2 14 a manner likely to cause the termination of or serious
  2 15 injury to a human pregnancy is guilty of an aggravated
  2 16 misdemeanor.
  2 17    8.  A person commits an aggravated misdemeanor when
  2 18 the person intentionally causes serious injury to a
  2 19 human pregnancy by the commission of an act in a
  2 20 manner likely to cause the termination of or serious
  2 21 injury to a human pregnancy.
  2 22    9.  A person commits an aggravated misdemeanor when
  2 23 the person unintentionally causes serious injury to a
  2 24 human pregnancy by any of the means described in
  2 25 section 707.6A, subsection 1.
  2 26    10.  A person commits a serious misdemeanor when
  2 27 the person unintentionally causes serious injury to a
  2 28 human pregnancy by the commission of an act in a
  2 29 manner likely to cause the termination of or serious
  2 30 injury to the human pregnancy.
  2 31    11.  For the purposes of this section "serious
  2 32 injury to a human pregnancy" means, relative to the
  2 33 human pregnancy, disabling mental illness, or bodily
  2 34 injury which creates a substantial risk of death or
  2 35 which causes serious permanent disfigurement, or
  2 36 protracted loss or impairment of the function of any
  2 37 bodily member or organ, and includes but is not
  2 38 limited to skull fractures, rib fractures, and
  2 39 metaphyseal fractures of the long bones.
  2 40    12.  As used in this section, actions which cause
  2 41 the termination of or serious injury to a pregnancy do
  2 42 not apply to any of the following:
  2 43    a.  An act or omission of the pregnant person.
  2 44    b.  A termination of or a serious injury to a
  2 45 pregnancy which is caused by the performance of an
  2 46 approved medical procedure performed by a person
  2 47 licensed in this state to practice medicine and
  2 48 surgery or osteopathic medicine and surgery,
  2 49 irrespective of the duration of the pregnancy and with
  2 50 or without the voluntary consent of the pregnant
  3  1 person when circumstances preclude the pregnant person
  3  2 from providing consent.
  3  3    c.  An act committed in self-defense or in defense
  3  4 of another person or any other act committed if
  3  5 legally justified or excused." 
  3  6 
  3  7 
  3  8                              
  3  9 COMMITTEE ON JUDICIARY
  3 10 HURLEY of Fayette, Chairperson
  3 11 HF 2109.201 76
  3 12 pf/jj
     
Text: H05072                            Text: H05074
Text: H05000 - H05099                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index
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