Senate File 2055 - Introduced SENATE FILE 2055 BY CHELGREN , BERTRAND , SINCLAIR , FEENSTRA , ZAUN , SEGEBART , BEHN , and ANDERSON A BILL FOR An Act relating to terminations of pregnancy by establishing 1 limitations on abortions relative to the size of the 2 fetus and modifying the criminal offenses of feticide and 3 attempted feticide. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5543XS (5) 86 pf/nh
S.F. 2055 Section 1. NEW SECTION . 146A.2 Limitation on abortion —— 1 size of fetus. 2 1. Except in the case of a medical emergency, as defined in 3 section 135L.1, for any woman, a physician shall not perform 4 an abortion if the fetus has reached a weight of three hundred 5 fifty grams or more. 6 2. A person who performs an abortion in violation of this 7 section is guilty of a class “C” felony. 8 Sec. 2. Section 707.7, subsections 1 and 2, Code 2016, are 9 amended to read as follows: 10 1. Any person who intentionally terminates a human 11 pregnancy, with the knowledge and voluntary consent of the 12 pregnant person, after the end of the second trimester of the 13 pregnancy or when the fetus has reached a weight of three 14 hundred fifty grams or more, where death of the fetus results , 15 commits feticide. Feticide is a class “C” felony. 16 2. Any person who attempts to intentionally terminate a 17 human pregnancy, with the knowledge and voluntary consent of 18 the pregnant person, after the end of the second trimester of 19 the pregnancy or when the fetus has reached a weight of three 20 hundred fifty grams or more, where death of the fetus does not 21 result , commits attempted feticide. Attempted feticide is a 22 class “D” felony. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill prohibits a physician from performing an abortion, 27 except in the case of a medical emergency, if the fetus has 28 reached a weight of 350 grams or more. A person who performs an 29 abortion in violation of the prohibition is guilty of a class 30 “C” felony. 31 The bill also amends the feticide statute to include 32 intentional terminations of a pregnancy when the fetus has 33 reached a weight of 350 grams or more. Where death of the 34 fetus results, a person commits feticide which is a class “C” 35 -1- LSB 5543XS (5) 86 pf/nh 1/ 2
S.F. 2055 felony, and where death of the fetus does not result, the 1 person commits attempted feticide which is a class “D” felony. 2 Currently, a person can only commit feticide or attempted 3 feticide after the second trimester of the pregnancy. 4 A class “C” felony is punishable by confinement for no more 5 than 10 years and a fine of at least $1,000 but not more than 6 $10,000. A class “D” felony is punishable by confinement for 7 no more than five years and a fine of at least $750 but not more 8 than $7,500. 9 -2- LSB 5543XS (5) 86 pf/nh 2/ 2