H-1003

   Amend  the amendment, H-1002, to House File 161, as follows:
   1.  By striking page 1, lines 1 through 19, and inserting: 
   <Amend House File 161 as follows:
   1.  By striking everything after the enacting clause and inserting: 
   <Section 1.  Section 147.136A, subsection 1, paragraph b, Code 2023, is amended to read as follows:
   b.  (1)  “Noneconomic damages” means damages arising from pain, suffering, inconvenience, physical impairment, mental anguish, emotional pain and suffering, loss of chance, loss of consortium, or any other nonpecuniary damages.
   (2)  “Noneconomic damages” does not include the loss of dependent care, including the loss of child care, due to the death of or severe injury to a spouse or parent who is the primary caregiver of a child under the age of eighteen or a disabled adult. Such damages shall be considered economic damages.
   Sec. 2.  Section 611.20, Code 2023, is amended to read as follows:
   611.20  Actions survive.
   1.  All causes of action shall survive and may be brought notwithstanding the death of the person entitled or liable to the same.
   2.  For the purposes of this section:
   a.  “Death” includes a fetal death for which a fetal death certificate is issued pursuant to section 144.29.
   b.  “Person” includes a viable unborn child.
   c.  “Unborn child” means an individual organism of the species homo sapiens from fertilization until live birth.
   Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
   Sec. 4.  APPLICABILITY.  This Act applies to causes of action accrued on or after the effective date of this Act.>>
   2.  Title page, line 1, after <to> by inserting <causes of action and damage awards, including>

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LOHSE of Polk