Senate File 362 - Introduced SENATE FILE 362 BY SCHNEIDER , GUTH , SEGEBART , JOHNSON , GARRETT , SCHULTZ , BREITBACH , BEHN , DIX , WHITVER , SINCLAIR , COSTELLO , CHELGREN , SHIPLEY , KRAAYENBRINK , BERTRAND , ANDERSON , FEENSTRA , CHAPMAN , SMITH , SENG , KAPUCIAN , ZAUN , ROZENBOOM , and ZUMBACH A BILL FOR An Act relating to the definition of person for the purposes of 1 survival of causes of action. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1405XS (2) 86 pf/nh

S.F. 362 Section 1. Section 611.20, Code 2015, is amended to read as 1 follows: 2 611.20 Actions survive. 3 1. All causes of action shall survive and may be brought 4 notwithstanding the death of the person entitled or liable to 5 the same. 6 2. For the purposes of this section, “person” includes an 7 unborn child who has reached viability as defined in section 8 702.20. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to the survival of a civil cause of 13 action and provides that for the purposes of a cause of action 14 surviving, notwithstanding the death of the person entitled 15 or liable, “person” includes an unborn child who has reached 16 viability. “Viability” is defined in Code section 702.20 as 17 that stage of fetal development when the life of the unborn 18 child may be continued indefinitely outside the womb by natural 19 or artificial life support systems. The time when viability is 20 achieved may vary with each pregnancy, and the determination of 21 whether a particular fetus is viable is a matter of responsible 22 medical judgment. 23 -1- LSB 1405XS (2) 86 pf/nh 1/ 1