House
File
115
-
Introduced
HOUSE
FILE
115
BY
WINDSCHITL
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
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1959YH
(3)
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pf/nh
H.F.
115
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
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115
(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”
,
the
14
woman
who
is
pregnant
with
the
person
who
has
not
yet
been
born
15
shall
not
be
considered
a
principal
actor.
16
3.
This
section
shall
not
be
interpreted
as
a
basis
for
17
inuring
to
or
vesting
in
a
child
before
the
time
of
live
birth
18
or
in
the
biological
parents
of
a
child
before
the
time
of
live
19
birth
a
pecuniary
interest
or
citizenship
status.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
defines
“person”
for
the
purposes
of
the
criminal
24
code
to
be:
all
living
human
beings
from
the
beginning
of
25
their
biological
development
as
human
organisms
regardless
26
of
age,
race,
sex,
gender,
capacity
to
function,
condition
27
of
physical
or
mental
dependency
or
disability,
or
method
of
28
sexual
or
asexual
reproduction
used,
whether
existing
in
vivo
29
or
in
vitro,
and
each
person
is
accorded
the
same
rights
and
30
protections
guaranteed
to
all
persons
by
the
Constitution
of
31
the
United
States,
the
Constitution
of
the
State
of
Iowa,
and
32
the
laws
of
this
state.
33
The
bill
provides
some
exemptions
to
the
interpretation
34
and
application
of
crimes
against
a
person
based
on
the
35
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115
definition.
The
bill
provides
that
elements
of
a
crime
against
1
a
person
shall
not
be
interpreted
to
preclude
the
use
of
2
medications
or
procedures
necessary
to
relieve
a
person’s
pain
3
or
discomfort
if
the
use
of
the
medications
or
procedures
is
4
not
intentionally
or
knowingly
prescribed
or
administered
to
5
cause
the
death
of
a
person.
Additionally,
the
following
acts
6
do
not
constitute
a
crime
against
a
person:
7
1.
Medical
treatment
for
life-threatening
conditions,
8
provided
to
a
person
by
a
physician
licensed
to
practice
9
medicine,
which
results
in
the
accidental
or
unintentional
10
injury
or
death
of
another
person.
11
2.
Legitimate
medical
treatment
for
life-threatening
12
conditions
not
intended
to
harm
a
person
but
which
has
the
13
foreseeable
effect
of
ending
a
person’s
life,
including
14
legitimate
medical
treatment
to
preserve
the
life
of
a
pregnant
15
woman
even
if
the
foreseeable
effect
is
harm
to
the
fetus,
as
16
long
as
the
person
providing
the
medical
treatment
exercises
17
that
degree
of
professional
skill,
care,
and
diligence
18
available
to
preserve
the
life
and
health
of
the
fetus.
19
3.
The
creation
of
a
person
through
in
vitro
fertilization.
20
4.
Contraception
administered
before
a
clinically
21
diagnosable
pregnancy.
22
Finally,
under
the
bill,
a
crime
against
a
person
who
has
not
23
yet
been
born
shall
only
be
charged
against
the
principal
actor
24
of
the
criminal
conduct.
The
bill
defines
“principal
actor”
25
for
the
purposes
of
the
bill
and
provides
that
a
woman
who
is
26
pregnant
with
the
person
who
has
not
yet
been
born
is
not
to
be
27
considered
a
principal
actor.
28
The
bill
also
provides
that
the
provisions
of
the
bill
are
29
not
to
be
interpreted
as
a
basis
for
inuring
to
or
vesting
in
30
a
child
before
the
time
of
live
birth
or
in
the
biological
31
parents
of
a
child
before
the
time
of
live
birth
a
pecuniary
32
interest
or
citizenship
status.
33
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1959YH
(3)
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pf/nh
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