Senate
File
359
-
Introduced
SENATE
FILE
359
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
SF
52)
A
BILL
FOR
An
Act
prohibiting
certain
actions
regarding
fetal
body
parts
1
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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359
Section
1.
NEW
SECTION
.
146B.1
Fetal
body
parts
——
actions
1
prohibited
——
penalties.
2
1.
A
person
shall
not
knowingly
acquire,
provide,
receive,
3
otherwise
transfer,
or
use
a
fetal
body
part
in
this
state,
4
regardless
of
whether
the
acquisition,
provision,
receipt,
5
transfer,
or
use
is
for
valuable
consideration.
6
2.
Subsection
1
shall
not
apply
to
any
of
the
following:
7
a.
Diagnostic
or
remedial
tests,
procedures,
or
observations
8
which
have
the
sole
purpose
of
determining
the
life
or
health
9
of
the
fetus
in
order
to
provide
that
information
to
the
10
pregnant
woman
or
to
preserve
the
life
or
health
of
the
fetus
11
or
pregnant
woman.
12
b.
The
actions
of
a
person
taken
in
the
furtherance
of
the
13
final
disposition
of
a
fetal
body
part.
14
c.
The
pathological
study
of
body
tissue,
including
genetic
15
testing,
for
diagnostic
or
forensic
purposes.
16
d.
A
fetal
body
part
if
the
fetal
body
results
from
a
17
spontaneous
termination
of
pregnancy
or
stillbirth
and
is
18
willingly
donated
for
the
purpose
of
medical
research.
19
3.
A
person
who
violates
this
section
is
guilty
of
a
class
20
“C”
felony.
21
4.
For
the
purposes
of
this
section:
22
a.
“Abortion”
means
as
defined
in
section
146.1.
23
b.
“Fetal
body
part”
means
a
cell,
tissue,
organ,
or
other
24
part
of
a
fetus
that
is
terminated
by
an
abortion.
“Fetal
body
25
part”
does
not
include
either
of
the
following:
26
(1)
Cultured
cells
or
cell
lines
derived
from
a
spontaneous
27
termination
of
pregnancy
or
stillbirth
and
willingly
donated
28
for
the
purposes
of
medical
research.
29
(2)
A
cell,
tissue,
organ,
or
other
part
of
a
fetus
that
30
is
terminated
by
an
abortion
that
occurred
prior
to
January
1,
31
2017.
32
c.
“Final
disposition”
means
the
disposition
of
fetal
33
body
parts
by
burial,
interment,
entombment,
cremation,
or
34
incineration.
35
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359
d.
“Valuable
consideration”
means
any
payment
including
but
1
not
limited
to
payment
associated
with
the
transportation,
2
processing,
preservation,
quality
control,
or
storage
of
fetal
3
body
parts.
4
EXPLANATION
5
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
6
the
explanation’s
substance
by
the
members
of
the
general
assembly.
7
This
bill
prohibits
a
person
from
knowingly
acquiring,
8
providing,
receiving,
otherwise
transferring,
or
using
a
9
fetal
body
part
in
this
state,
regardless
of
whether
the
10
acquisition,
provision,
receipt,
transfer,
or
use
is
for
11
valuable
consideration.
However,
the
prohibition
does
not
12
apply
to
any
of
the
following:
diagnostic
or
remedial
tests,
13
procedures,
or
observations
which
have
the
sole
purpose
of
14
determining
the
life
or
health
of
the
fetus
in
order
to
provide
15
that
information
to
the
pregnant
woman
or
to
preserve
the
16
life
or
health
of
the
fetus
or
pregnant
woman;
the
actions
of
17
a
person
taken
in
the
furtherance
of
the
final
disposition
18
of
a
fetal
body
part;
the
pathological
study
of
body
tissue,
19
including
genetic
testing,
for
diagnostic
or
forensic
purposes;
20
or
a
fetal
body
part
if
the
fetal
body
part
results
from
a
21
spontaneous
termination
of
pregnancy
or
stillbirth
and
is
22
willingly
donated
for
the
purpose
of
medical
research.
23
The
bill
defines
“fetal
body
part”
and
excludes
from
24
the
definition
cultured
cells
or
cell
lines
derived
from
25
a
spontaneous
termination
of
pregnancy
or
stillbirth
and
26
willingly
donated
for
the
purposes
of
medical
research;
27
and
a
cell,
tissue,
organ,
or
other
part
of
a
fetus
that
is
28
terminated
by
an
abortion
that
occurred
prior
to
January
1,
29
2017.
30
A
person
who
violates
the
bill
is
guilty
of
a
class
“C”
31
felony.
A
class
“C”
felony
is
punishable
by
confinement
for
no
32
more
than
10
years
and
a
fine
of
at
least
$1,000
but
not
more
33
than
$10,000.
34
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