House File 171 - Introduced HOUSE FILE 171 BY WINDSCHITL , KLEIN , KOESTER , FRY , SCHULTZ , HUSEMAN , FISHER , BRANDENBURG , LANDON , HANUSA , COSTELLO , and SALMON A BILL FOR An Act relating to the definition of person under the criminal 1 code. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1508YH (4) 85 pf/nh

H.F. 171 Section 1. NEW SECTION . 702.24 Person and application to 1 crimes against a person. 2 1. Whenever the word “person” appears in the criminal 3 code relating to crimes against a person, “person” means all 4 living human beings from the beginning of their biological 5 development as human organisms regardless of age, race, sex, 6 gender, capacity to function, condition of physical or mental 7 dependency or disability, or method of sexual or asexual 8 reproduction used, whether existing in vivo or in vitro, 9 and each person is accorded the same rights and protections 10 guaranteed to all persons by the Constitution of the United 11 States, the Constitution of the State of Iowa, and the laws of 12 this state. 13 2. Notwithstanding any other provision of law to the 14 contrary, in the criminal code: 15 a. The elements of a crime against a person shall not be 16 interpreted to preclude the use of medications or procedures 17 necessary to relieve a person’s pain or discomfort if the 18 use of the medications or procedures is not intentionally or 19 knowingly prescribed or administered to cause the death of a 20 person. 21 b. The following acts do not constitute a crime against a 22 person: 23 (1) Medical treatment for life-threatening conditions, 24 provided to a person by a physician licensed to practice 25 medicine, which results in the accidental or unintentional 26 injury or death of another person. 27 (2) Legitimate medical treatment for life-threatening 28 conditions not intended to harm a person but which has the 29 foreseeable effect of ending a person’s life, including 30 legitimate medical treatment to preserve the life of a pregnant 31 woman even if the foreseeable effect is harm to the fetus, as 32 long as the person providing the medical treatment exercises 33 that degree of professional skill, care, and diligence 34 available to preserve the life and health of the fetus. 35 -1- LSB 1508YH (4) 85 pf/nh 1/ 3

H.F. 171 (3) The creation of a person through in vitro fertilization. 1 (4) Contraception administered before a clinically 2 diagnosable pregnancy. 3 c. A crime against a person who has not yet been born shall 4 only be charged against the principal actor of the criminal 5 conduct. 6 (1) For the purposes of this lettered paragraph “c” , a 7 person is a principal actor if the person does any of the 8 following: 9 (a) Commits an offense punishable under the criminal code or 10 aids, abets, counsels, commands, or procures its commission. 11 (b) Causes an act to be done which, if directly performed by 12 the person, would be punishable under the criminal code. 13 (2) For the purposes of this lettered paragraph “c” , a 14 pregnant woman shall not be considered a principal actor. 15 3. This section shall not be interpreted as a basis for 16 inuring to or vesting in a child before the time of live birth 17 or in the biological parents of a child before the time of live 18 birth a pecuniary interest or citizenship status. 19 EXPLANATION 20 This bill defines “person” for the purposes of the criminal 21 code to be: all living human beings from the beginning of 22 their biological development as human organisms regardless 23 of age, race, sex, gender, capacity to function, condition 24 of physical or mental dependency or disability, or method of 25 sexual or asexual reproduction used, whether existing in vivo 26 or in vitro, and each person is accorded the same rights and 27 protections guaranteed to all persons by the Constitution of 28 the United States, the Constitution of the State of Iowa, and 29 the laws of this state. 30 The bill provides some exemptions to the interpretation 31 and application of crimes against a person based on the 32 definition. The bill provides that elements of a crime against 33 a person shall not be interpreted to preclude the use of 34 medications or procedures necessary to relieve a person’s pain 35 -2- LSB 1508YH (4) 85 pf/nh 2/ 3

H.F. 171 or discomfort if the use of the medications or procedures is 1 not intentionally or knowingly prescribed or administered to 2 cause the death of a person. Additionally, the following acts 3 do not constitute a crime against a person: 4 1. Medical treatment for life-threatening conditions, 5 provided to a person by a physician licensed to practice 6 medicine, which results in the accidental or unintentional 7 injury or death of another person. 8 2. Legitimate medical treatment for life-threatening 9 conditions not intended to harm a person but which has the 10 foreseeable effect of ending a person’s life, including 11 legitimate medical treatment to preserve the life of a pregnant 12 woman even if the foreseeable effect is harm to the fetus, as 13 long as the person providing the medical treatment exercises 14 that degree of professional skill, care, and diligence 15 available to preserve the life and health of the fetus. 16 3. The creation of a person through in vitro fertilization. 17 4. Contraception administered before a clinically 18 diagnosable pregnancy. 19 Finally, under the bill, a crime against a person who has not 20 yet been born shall only be charged against the principal actor 21 of the criminal conduct. The bill defines “principal actor” 22 for the purposes of the bill and provides that a pregnant woman 23 is not to be considered a principal actor. 24 The bill also provides that the provisions of the bill are 25 not to be interpreted as a basis for inuring to or vesting in 26 a child before the time of live birth or in the biological 27 parents of a child before the time of live birth a pecuniary 28 interest or citizenship status. 29 -3- LSB 1508YH (4) 85 pf/nh 3/ 3