Text: SF02072 Text: SF02074 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 SENATE FILE 2073
1 2
1 3 AN ACT
1 4 PROHIBITING THE PERFORMANCE OF PARTIAL-BIRTH ABORTIONS
1 5 RELATIVE TO A HUMAN FETUS, ESTABLISHING A CAUSE OF
1 6 ACTION FOR VIOLATION OF THE PROHIBITION, AND PROVIDING
1 7 PENALTIES.
1 8
1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 10
1 11 Section 1. NEW SECTION. 707.8A PARTIAL-BIRTH ABORTION
1 12 PROHIBITED – EXCEPTIONS – PENALTIES.
1 13 1. As used in this section, unless the context otherwise
1 14 requires:
1 15 a. "Abortion" means abortion as defined in section 146.1.
1 16 b. "Fetus" means a human fetus.
1 17 c. "Partial-birth abortion" means an abortion in which a
1 18 person partially vaginally delivers a living fetus before
1 19 killing the fetus and completing the delivery.
1 20 d. "Vaginally delivers a living fetus before killing the
1 21 fetus" means deliberately and intentionally delivering into
1 22 the vagina a living fetus or a substantial portion of a living
1 23 fetus for the purpose of performing a procedure the person
1 24 knows will kill the fetus, and then killing the fetus.
1 25 2. A person shall not knowingly perform or attempt to
1 26 perform a partial-birth abortion. This prohibition shall not
1 27 apply to a partial-birth abortion that is necessary to save
1 28 the life of the mother whose life is endangered by a physical
1 29 disorder, physical illness, or physical injury.
1 30 3. This section shall not be construed to create a right
1 31 to an abortion.
1 32 4. a. The mother on whom a partial-birth abortion is
1 33 performed, the father of the fetus, or if the mother is less
1 34 than eighteen years of age or unmarried at the time of the
1 35 partial-birth abortion, a maternal grandparent of the fetus,
2 1 may bring an action against a person violating subsection 2 to
2 2 obtain appropriate relief, unless the pregnancy resulted from
2 3 the plaintiff's criminal conduct or the plaintiff consented to
2 4 the partial-birth abortion.
2 5 b. In an action brought under this subsection, appropriate
2 6 relief may include any of the following:
2 7 (1) Statutory damages which are equal to three times the
2 8 cost of the partial-birth abortion.
2 9 (2) Compensatory damages for all injuries, psychological
2 10 and physical, resulting from violation of subsection 2.
2 11 5. A person who violates subsection 2 is guilty of a class
2 12 "C" felony.
2 13 6. A mother upon whom a partial-birth abortion is
2 14 performed shall not be prosecuted for violation of subsection
2 15 2 or for conspiracy to violate subsection 2.
2 16 7. a. A licensed physician subject to the authority of
2 17 the state board of medical examiners who is accused of a
2 18 violation of subsection 2 may seek a hearing before the board
2 19 on whether the physician's conduct was necessary to save the
2 20 life of the mother whose life was endangered by a physical
2 21 disorder, physical illness, or physical injury.
2 22 b. The board's findings concerning the physician's conduct
2 23 are admissible at the criminal trial of the physician. Upon a
2 24 motion of the physician, the court shall delay the beginning
2 25 of the trial for not more than thirty days to permit the
2 26 hearing before the board of medical examiners to take place.
2 27
2 28
2 29
2 30 MARY E. KRAMER
2 31 President of the Senate
2 32
2 33
2 34
2 35 RON J. CORBETT
3 1 Speaker of the House
3 2
3 3 I hereby certify that this bill originated in the Senate and
3 4 is known as Senate File 2073, Seventy-seventh General Assembly.
3 5
3 6
3 7
3 8 MARY PAT GUNDERSON
3 9 Secretary of the Senate
3 10 Approved , 1998
3 11
3 12
3 13
3 14 TERRY E. BRANSTAD
3 15 Governor
Text: SF02072 Text: SF02074 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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