Senate File 44 - Introduced SENATE FILE 44 BY ANDERSON A BILL FOR An Act prohibiting gender-selection abortions, and providing 1 penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1704XS (2) 86 pf/nh

S.F. 44 Section 1. NEW SECTION . 146A.1 Gender-selection abortions 1 —— prohibited —— criminal penalties —— certification —— civil and 2 injunctive relief. 3 1. A person who knowingly does any of the following commits 4 a class “C” felony: 5 a. Performs an abortion which is sought based upon the 6 gender of the fetus. 7 b. Uses force or the threat of force for the purpose of 8 coercing a woman into an abortion based on gender of the fetus. 9 c. Solicits or accepts money to perform an abortion based 10 upon the gender of the fetus. 11 2. A criminal penalty shall not be imposed under this 12 section on a woman upon whom an abortion is performed. 13 3. A physician shall not perform an abortion on a woman 14 unless the physician first certifies in writing that the 15 physician is not performing the abortion based on the gender 16 of the fetus and has no knowledge that the woman seeking the 17 abortion is seeking the abortion based upon the gender of the 18 fetus. A copy of the written certification shall be maintained 19 in the woman’s medical record. 20 4. A woman upon whom a gender-selection abortion is 21 performed in violation of this section, or the spouse of 22 the woman at the time that the gender-selection abortion is 23 performed on the woman in violation of this section, may 24 maintain a civil action against the physician who performed 25 the abortion in violation of this section for actual damages. 26 If the plaintiff prevails in an action brought under this 27 subsection, the plaintiff shall be entitled to an award for 28 reasonable attorney fees. If the defendant prevails in an 29 action brought under this section and the court finds that the 30 plaintiff’s suit was frivolous and brought in bad faith, the 31 defendant shall be entitled to an award for reasonable attorney 32 fees. 33 5. A cause of action for injunctive relief to prevent 34 a physician from performing abortions may be maintained by 35 -1- LSB 1704XS (2) 86 pf/nh 1/ 2

S.F. 44 the county attorney with appropriate jurisdiction or by the 1 attorney general against a physician who has violated this 2 section. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to abortions performed based on gender 7 selection. 8 The bill provides that a physician commits a class “C” 9 felony if the physician performs an abortion which is sought 10 based upon the gender of the fetus, uses force or the threat 11 of force for the purpose of coercing a woman into an abortion 12 based on the gender of the fetus, or solicits or accepts money 13 to perform an abortion based upon the gender of the fetus. The 14 bill provides, however, that a criminal penalty shall not be 15 imposed on a woman upon whom an abortion is performed. 16 The bill also requires that prior to performing an abortion, 17 a physician shall first certify in writing that the physician 18 is not performing the abortion based on the gender of the fetus 19 and has no knowledge that the woman seeking the abortion is 20 seeking the abortion based upon the gender of the fetus. A 21 copy of the written certification is required to be maintained 22 in the woman’s medical record. 23 The bill provides that a woman upon whom a gender-selection 24 abortion is performed in violation of the bill, or the spouse 25 of the woman, may maintain a civil action against the physician 26 who performed the abortion in violation of the bill for actual 27 damages, and provides for awarding of reasonable attorney fees. 28 The bill also provides that the county attorney with 29 jurisdiction, or the attorney general, may maintain a cause 30 of action for injunctive relief to prevent a physician from 31 performing abortions if the physician has violated a provision 32 of the bill. 33 -2- LSB 1704XS (2) 86 pf/nh 2/ 2