House File 2563 H-8122 Amend House File 2563 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. PURPOSES. The general assembly finds 4 and declares that the purposes of this Act are all of the 5 following: 6 1. To recognize that the fourteenth amendment to the 7 Constitution of the United States requires that “No state 8 shall...deny to any person within its jurisdiction the equal 9 protection of the laws.” 10 2. To fully recognize that innocent human life, created in 11 the image of God, should be equally protected under the law 12 from fertilization to natural death. 13 3. To ensure that the rights of unborn children are 14 protected from homicide and assault by the same criminal and 15 civil laws protecting all other persons. 16 4. To recognize that all persons potentially subject to such 17 laws are entitled to due process protections. 18 5. To ensure that pregnant women are protected under the law 19 from being pressured to abort a child. 20 6. To remove provisions that may allow a person to solicit, 21 command, aid, or counsel a pregnant woman to abort a child. 22 Sec. 2. Section 633.336, Code 2026, is amended to read as 23 follows: 24 633.336 Damages for wrongful death. 25 1. When a wrongful act produces death, damages recovered as 26 a result of the wrongful act shall be disposed of as personal 27 property belonging to the estate of the deceased; however, if 28 the damages include damages for loss of services and support 29 of a deceased spouse, parent, or child, the damages shall be 30 apportioned by the court among the surviving spouse, children, 31 and parents of the decedent in a manner as the court may deem 32 equitable consistent with the loss of services and support 33 sustained by the surviving spouse, children, and parents 34 respectively. 35 -1- HF 2563.3151 (2) 91 ak/ko 1/ 4 #1.

2. Any recovery by a parent for the death of a child shall 1 be subordinate to the recovery, if any, of the spouse or a 2 child of the decedent. 3 3. If the decedent leaves a spouse, child, or parent, 4 damages for wrongful death shall not be subject to debts and 5 charges of the decedent’s estate, except for amounts to be paid 6 to the department of health and human services for payments 7 made for medical assistance pursuant to chapter 249A , paid 8 on behalf of the decedent from the time of the injury which 9 gives rise to the decedent’s death up until the date of the 10 decedent’s death. 11 4. a. For the purposes of this section, damages for 12 wrongful death of a child shall include the wrongful death of 13 an unborn child. 14 b. For the purposes of this subsection: 15 (1) “Fertilization” means the fusion of a human spermatozoon 16 with a human ovum. 17 (2) “Fetal death” means the same as defined in section 18 144.1. 19 (3) “Unborn child” means an individual organism of 20 the species homo sapiens at any stage of development from 21 fertilization to fetal death or live birth. 22 Sec. 3. NEW SECTION . 707.1A Homicide and related crimes —— 23 unborn child victim. 24 1. a. As used in this chapter, “person” includes an unborn 25 child when the person is the victim of the crime. 26 b. For the purposes of this section: 27 (1) “Fertilization” means the fusion of a human spermatozoon 28 with a human ovum. 29 (2) “Fetal death” means the same as defined in section 30 144.1. 31 (3) “Unborn child” means an individual organism of the 32 species homo sapiens from fertilization to fetal death or live 33 birth. 34 2. Prosecution of a crime under this chapter, when the 35 -2- HF 2563.3151 (2) 91 ak/ko 2/ 4

victim is an unborn child, is subject to the same presumptions, 1 defenses, justifications, immunities, clemencies, and other 2 due process protections that would apply if the victim were a 3 person following a live birth. 4 3. This section shall not apply to the unintentional death 5 of an unborn child resulting from either of the following: 6 a. The performance of life-saving procedures to save the 7 life of a pregnant woman when accompanied by reasonable steps, 8 if available, to save the life of the unborn child. 9 b. A miscarriage. 10 4. If a provision of law conflicts with this section, this 11 section shall prevail. 12 Sec. 4. NEW SECTION . 708.1A Assault on an unborn child. 13 1. a. As used in this chapter, “person” includes an unborn 14 child when the person is the victim of the crime. 15 b. For the purposes of this section: 16 (1) “Fertilization” means the fusion of a human spermatozoon 17 with a human ovum. 18 (2) “Fetal death” means the same as defined in section 19 144.1. 20 (3) “Unborn child” means an individual organism of the 21 species homo sapiens from fertilization to fetal death or live 22 birth. 23 2. Prosecution of a crime under this chapter, when the 24 victim is an unborn child, is subject to the same presumptions, 25 defenses, justifications, immunities, clemencies, and other 26 due process protections that would apply if the victim were a 27 person following a live birth. 28 3. This section shall not apply to the unintentional harm 29 to or death of an unborn child resulting from either of the 30 following: 31 a. The performance of life-saving procedures to save the 32 life of a pregnant woman when accompanied by reasonable steps, 33 if available, to save the life of the unborn child. 34 b. A miscarriage. 35 -3- HF 2563.3151 (2) 91 ak/ko 3/ 4

4. If a provision of law conflicts with this section, this 1 section shall prevail. 2 Sec. 5. EFFECTIVE DATE. This Act, being deemed of immediate 3 importance, takes effect upon enactment. 4 Sec. 6. APPLICABILITY. This Act applies only to conduct or 5 an act occurring on or after the effective date of this Act. > 6 2. Title page, by striking lines 1 through 3 and inserting 7 < An Act relating to the treatment of an unborn child for the 8 purposes of damages for wrongful death, homicide and related 9 crimes, and assault, making penalties applicable, and including 10 effective date and applicability provisions. > 11 ______________________________ DIEKEN of O’Brien -4- HF 2563.3151 (2) 91 ak/ko 4/ 4 #2.