Senate File 77 - Introduced SENATE FILE 77 BY FEENSTRA , JOHNSON , KAPUCIAN , BACON , SEYMOUR , BOETTGER , and ANDERSON A BILL FOR An Act relating to abortions, including prohibiting abortions 1 beyond a certain postfertilization age, providing an 2 exception, and providing a penalty. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1831SS (4) 84 pf/nh

S.F. 77 Section 1. NEW SECTION . 146A.1 Definitions. 1 As used in this chapter unless the context otherwise 2 requires: 3 1. “Abortion” means abortion as defined in section 146.1. 4 2. “Attempt to perform or induce an abortion” means an act, 5 or an omission of a statutorily required act, that, under the 6 circumstances as the actor believes them to be, constitutes a 7 substantial step in a course of conduct planned to culminate in 8 the performance or inducing of an abortion. 9 3. “Fertilization” means the fusion of a human spermatozoon 10 with a human ovum. 11 4. “Human pregnancy” means an individual organism of the 12 species homo sapiens from fertilization until live birth. 13 5. “Medical emergency” means a condition which, in 14 reasonable medical judgment, so complicates the medical 15 condition of a pregnant woman as to necessitate the immediate 16 abortion of the human pregnancy to avert the woman’s death or 17 for which a delay will create a serious risk of substantial and 18 irreversible physical impairment of a major bodily function. 19 “Medical emergency” does not include a condition which is based 20 on a claim or diagnosis that the pregnant woman will engage in 21 conduct which would result in the pregnant woman’s death or in 22 substantial and irreversible physical impairment of a major 23 bodily function. 24 6. “Physician” means a person licensed under chapter 148. 25 7. “Postfertilization age” means the age of the human 26 pregnancy as calculated from the fertilization of the human 27 ovum. 28 8. “Probable postfertilization age” means what, in 29 reasonable medical judgment, will with reasonable probability 30 be the postfertilization age of the human pregnancy at the time 31 the abortion is to be performed. 32 9. “Reasonable medical judgment” means a medical judgment 33 made by a reasonably prudent physician who is knowledgeable 34 about the case and the treatment possibilities with respect to 35 -1- LSB 1831SS (4) 84 pf/nh 1/ 2

S.F. 77 the medical conditions involved. 1 Sec. 2. NEW SECTION . 146A.2 Abortion prohibited at twelve 2 or more weeks postfertilization age —— exception —— penalty. 3 1. A physician shall not perform or induce, or attempt to 4 perform or induce, an abortion upon a pregnant woman when it 5 has been determined, by the physician performing or inducing 6 the abortion or by another physician upon whose determination 7 that physician relies, that the probable postfertilization age 8 of the human pregnancy is twelve or more weeks unless, in the 9 physician’s reasonable medical judgment, the pregnant woman has 10 a condition which the physician deems a medical emergency. 11 2. A physician who intentionally or recklessly performs or 12 attempts to perform an abortion in violation of this section is 13 guilty of a class “C” felony. 14 3. A woman upon whom an abortion was performed or was 15 attempted to be performed shall not be subject to prosecution 16 for a violation of this section. 17 EXPLANATION 18 This bill relates to abortions. The bill provides 19 definitions used in the bill. The bill provides that, except 20 in the case of a medical emergency, a physician shall not 21 perform or induce, or attempt to perform or induce, an abortion 22 upon a pregnant woman when it has been determined that the 23 probable postfertilization age is 12 or more weeks unless, in 24 the physician’s reasonable medical judgment, the pregnant woman 25 has a condition which the physician deems a medical emergency. 26 The bill provides that a physician who intentionally or 27 recklessly performs or attempts to perform an abortion in 28 violation of the bill is guilty of a class “C” felony, which is 29 punishable by confinement for no more than 10 years and a fine 30 of at least $1,000 but not more than $10,000. However, the 31 woman upon whom the abortion was performed or was attempted to 32 be performed is not subject to prosecution for a violation of 33 the bill. 34 -2- LSB 1831SS (4) 84 pf/nh 2/ 2