Text: H08060 Text: H08062 Text: H08000 - H08099 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 2073, as passed by the Senate, as
1 2 follows:
1 3 #1. By striking everything after the enacting
1 4 clause and inserting the following:
1 5 "Section 1. NEW SECTION. 707.8A PARTIAL-BIRTH
1 6 ABORTION PROHIBITED – EXCEPTIONS – PENALTY.
1 7 1. As used in this section, unless the context
1 8 otherwise requires:
1 9 a. "Abortion" means abortion as defined in section
1 10 146.1.
1 11 b. "Fetus" means a human fetus that has achieved
1 12 viability as defined in section 702.20.
1 13 c. "Intact dilation and extraction procedure"
1 14 means a procedure in which a fetus in utero is
1 15 manipulated to breech position, a partial breech
1 16 delivery is performed leaving the head of the fetus in
1 17 utero, and then the head of the fetus is punctured,
1 18 collapsed, or compressed and delivery of the fetus is
1 19 completed. "Intact dilation and extraction procedure"
1 20 does not include the vacuum aspiration, suction
1 21 aspiration, dilation and curettage, suction curettage,
1 22 induction, or dilation and evacuation procedures.
1 23 d. "Partial-birth abortion" means an abortion
1 24 which is performed using the intact dilation and
1 25 extraction procedure on a fetus.
1 26 2. A person shall not knowingly perform or attempt
1 27 to perform a partial-birth abortion. This prohibition
1 28 shall not apply to a partial-birth abortion that is
1 29 necessary to preserve the life or health of the woman
1 30 upon whom the partial-birth abortion is performed.
1 31 3. This section shall not be construed to create a
1 32 right to an abortion.
1 33 4. a. The woman on whom a partial-birth abortion
1 34 is performed may bring an action against a person
1 35 violating subsection 2 to obtain appropriate relief,
1 36 unless the pregnancy resulted from the plaintiff's
1 37 criminal conduct or the plaintiff consented to the
1 38 partial-birth abortion.
1 39 b. In an action brought under this subsection,
1 40 appropriate relief may include any of the following:
1 41 (1) Statutory damages which are equal to three
1 42 times the cost of the partial-birth abortion.
1 43 (2) Compensatory damages for all injuries,
1 44 psychological and physical, resulting from violation
1 45 of subsection 2.
1 46 5. A person who violates subsection 2 is guilty of
1 47 a class "C" felony.
1 48 6. A woman upon whom a partial-birth abortion is
1 49 performed shall not be prosecuted for violation of
1 50 subsection 2 or for conspiracy to violate subsection
2 1 2.
2 2 7. a. A licensed physician subject to the
2 3 authority of the state board of medical examiners who
2 4 is accused of a violation of subsection 2 may seek a
2 5 hearing before the board on whether the physician's
2 6 conduct was necessary to preserve the life or health
2 7 of the woman upon whom the partial-birth abortion was
2 8 performed.
2 9 b. The board's findings concerning the physician's
2 10 conduct are admissible at the criminal trial of the
2 11 physician. Upon a motion of a physician, the court
2 12 shall delay the beginning of the trial for not more
2 13 than thirty days to permit the hearing before the
2 14 board of medical examiners to take place."
2 15
2 16
2 17
2 18 CHAPMAN of Linn
2 19
2 20
2 21
2 22 MORELAND of Wapello
2 23 SF 2073.509 77
2 24 pf/jw/28
Text: H08060 Text: H08062 Text: H08000 - H08099 Text: H Index Bills and Amendments: General Index Bill History: General Index
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