H-8122

   Amend House File 2563 as follows:
   1.  By striking everything after the enacting clause and inserting: 
   <Section 1.  PURPOSES.  The general assembly finds and declares that the purposes of this Act are all of the following:
   1.  To recognize that the fourteenth amendment to the Constitution of the United States requires that “No state shall...deny to any person within its jurisdiction the equal protection of the laws.”
   2.  To fully recognize that innocent human life, created in the image of God, should be equally protected under the law from fertilization to natural death.
   3.  To ensure that the rights of unborn children are protected from homicide and assault by the same criminal and civil laws protecting all other persons.
   4.  To recognize that all persons potentially subject to such laws are entitled to due process protections.
   5.  To ensure that pregnant women are protected under the law from being pressured to abort a child.
   6.  To remove provisions that may allow a person to solicit, command, aid, or counsel a pregnant woman to abort a child.
   Sec. 2.  Section 633.336, Code 2026, is amended to read as follows:
   633.336  Damages for wrongful death.
   1.  When a wrongful act produces death, damages recovered as a result of the wrongful act shall be disposed of as personal property belonging to the estate of the deceased; however, if the damages include damages for loss of services and support of a deceased spouse, parent, or child, the damages shall be apportioned by the court among the surviving spouse, children, and parents of the decedent in a manner as the court may deem equitable consistent with the loss of services and support sustained by the surviving spouse, children, and parents respectively.
   2.  Any recovery by a parent for the death of a child shall be subordinate to the recovery, if any, of the spouse or a child of the decedent.
   3.  If the decedent leaves a spouse, child, or parent, damages for wrongful death shall not be subject to debts and charges of the decedent’s estate, except for amounts to be paid to the department of health and human services for payments made for medical assistance pursuant to chapter 249A, paid on behalf of the decedent from the time of the injury which gives rise to the decedent’s death up until the date of the decedent’s death.
   4.  a.  For the purposes of this section, damages for wrongful death of a child shall include the wrongful death of an unborn child.
   b.  For the purposes of this subsection:
   (1)  “Fertilization” means the fusion of a human spermatozoon with a human ovum.
   (2)  “Fetal death” means the same as defined in section 144.1.
   (3)  “Unborn child” means an individual organism of the species homo sapiens at any stage of development from fertilization to fetal death or live birth.
   Sec. 3.  NEW SECTION.  707.1A  Homicide and related crimes —— unborn child victim.
   1.  a.  As used in this chapter, “person” includes an unborn child when the person is the victim of the crime.
   b.  For the purposes of this section:
   (1)  “Fertilization” means the fusion of a human spermatozoon with a human ovum.
   (2)  “Fetal death” means the same as defined in section 144.1.
   (3)  “Unborn child” means an individual organism of the species homo sapiens from fertilization to fetal death or live birth.
   2.  Prosecution of a crime under this chapter, when the victim is an unborn child, is subject to the same presumptions, defenses, justifications, immunities, clemencies, and other due process protections that would apply if the victim were a person following a live birth.
   3.  This section shall not apply to the unintentional death of an unborn child resulting from either of the following:
   a.  The performance of life-saving procedures to save the life of a pregnant woman when accompanied by reasonable steps, if available, to save the life of the unborn child.
   b.  A miscarriage.
   4.  If a provision of law conflicts with this section, this section shall prevail.
   Sec. 4.  NEW SECTION.  708.1A  Assault on an unborn child.
   1.  a.  As used in this chapter, “person” includes an unborn child when the person is the victim of the crime.
   b.  For the purposes of this section:
   (1)  “Fertilization” means the fusion of a human spermatozoon with a human ovum.
   (2)  “Fetal death” means the same as defined in section 144.1.
   (3)  “Unborn child” means an individual organism of the species homo sapiens from fertilization to fetal death or live birth.
   2.  Prosecution of a crime under this chapter, when the victim is an unborn child, is subject to the same presumptions, defenses, justifications, immunities, clemencies, and other due process protections that would apply if the victim were a person following a live birth.
   3.  This section shall not apply to the unintentional harm to or death of an unborn child resulting from either of the following:
   a.  The performance of life-saving procedures to save the life of a pregnant woman when accompanied by reasonable steps, if available, to save the life of the unborn child.
   b.  A miscarriage.
   4.  If a provision of law conflicts with this section, this section shall prevail.
   Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
   Sec. 6.  APPLICABILITY.  This Act applies only to conduct or an act occurring on or after the effective date of this Act.>
   2.  Title page, by striking lines 1 through 3 and inserting 
   <An Act relating to the treatment of an unborn child for the purposes of damages for wrongful death, homicide and related crimes, and assault, making penalties applicable, and including effective date and applicability provisions.>

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DIEKEN of O’Brien