Senate File 471 - Introduced SENATE FILE 471 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SF 53) A BILL FOR An Act relating to feticide, making penalties applicable, and 1 including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1206SV (4) 87 pf/nh
S.F. 471 Section 1. Section 707.7, Code 2017, is amended to read as 1 follows: 2 707.7 Feticide. 3 1. Any person who intentionally terminates a human 4 pregnancy, with the knowledge and voluntary consent of the 5 pregnant person, after the end of the second trimester of the 6 pregnancy reaches twenty weeks postfertilization, where death 7 of the fetus results , commits feticide. Feticide is a class 8 “C” felony. 9 2. Any person who attempts to intentionally terminate a 10 human pregnancy, with the knowledge and voluntary consent of 11 the pregnant person, after the end of the second trimester of 12 the pregnancy reaches twenty weeks postfertilization, where 13 death of the fetus does not result , commits attempted feticide. 14 Attempted feticide is a class “D” felony. 15 3. Any person who terminates a human pregnancy, with the 16 knowledge and voluntary consent of the pregnant person, who 17 is not a person licensed to practice medicine and surgery 18 or osteopathic medicine and surgery under the provisions of 19 chapter 148 , commits a class “C” felony. 20 4. a. This section shall not apply to the termination of 21 a human pregnancy performed by a physician licensed in this 22 state to practice medicine or surgery or osteopathic medicine 23 or surgery when in the best clinical judgment of the physician 24 the termination is performed to preserve the life or health of 25 the pregnant person or of the fetus or to avert a serious risk 26 to the pregnant person of substantial and irreversible physical 27 impairment of a major bodily function, and every reasonable 28 medical effort not inconsistent with preserving the life of the 29 pregnant person is made to preserve the life of a viable fetus. 30 b. This section shall not apply to the termination of 31 a human pregnancy between twenty and twenty-four weeks 32 postfertilization performed by a physician licensed in this 33 state to practice medicine or surgery or osteopathic medicine 34 or surgery, when in the best clinical judgment of the physician 35 -1- LSB 1206SV (4) 87 pf/nh 1/ 3
S.F. 471 the human pregnancy has a fetal anomaly incompatible with 1 life. For the purposes of this paragraph “b” , “fetal anomaly 2 incompatible with life” means a fetal condition diagnosed in 3 utero that, if the pregnancy results in a live birth, will with 4 reasonable certainty result in the death of the child or will 5 result in requiring the provision of life-sustaining procedures 6 as defined in section 144A.2 to the child after the child’s 7 birth and for the duration of the child’s life. 8 Sec. 2. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 9 immediate importance, takes effect upon enactment. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill relates to feticide. 14 Current law under Code section 707.7(1) provides that any 15 person who intentionally terminates a human pregnancy, with the 16 knowledge and voluntary consent of the pregnant person, after 17 the end of the second trimester of the pregnancy where death of 18 the fetus results commits feticide. Feticide is a class “C” 19 felony. A class “C” felony is punishable by confinement for no 20 more than 10 years and a fine of at least $1,000 but not more 21 than $10,000. Under the bill, the time frame is changed from 22 after the end of the second trimester of the pregnancy to after 23 the pregnancy reaches twenty weeks postfertilization. 24 Similarly, current law under Code section 707.7(2) provides 25 that any person who attempts to intentionally terminate a 26 human pregnancy, with the knowledge and voluntary consent of 27 the pregnant person, after the end of the second trimester of 28 the pregnancy where death of the fetus does not result commits 29 attempted feticide. Attempted feticide is a class “D” felony. 30 A class “D” felony is punishable by confinement for no more 31 than five years and a fine of at least $750 but not more than 32 $7,500. Under the bill, the time frame is changed from after 33 the end of the second trimester of the pregnancy to after the 34 pregnancy reaches twenty weeks postferiltization. 35 -2- LSB 1206SV (4) 87 pf/nh 2/ 3
S.F. 471 Additionally, current law under Code section 707.7(4) 1 provides that the Code section shall not apply to the 2 termination of a human pregnancy performed by a physician when 3 in the best clinical judgment of the physician the termination 4 is performed to preserve the life or health of the pregnant 5 person or of the fetus and every reasonable medical effort not 6 inconsistent with preserving the life of the pregnant person 7 is made to preserve the life of a viable fetus. Under the 8 bill, the exceptions are changed to provide that the Code 9 section shall not apply if the termination is performed to 10 preserve the life of the pregnant person or of the fetus or to 11 avert a serious risk to the pregnant person of substantial and 12 irreversible physical impairment of a major bodily function. 13 Finally, the bill adds that the Code section shall not apply 14 to the termination of a human pregnancy between twenty and 15 twenty-four weeks postfertilization performed by a physician, 16 when in the best clinical judgment of the physician the human 17 pregnancy has a fetal anomaly incompatible with life. The bill 18 defines “fetal anomaly incompatible with life” to mean a fetal 19 condition diagnosed in utero that, if the pregnancy results 20 in a live birth, will with reasonable certainty result in the 21 death of the child or will result in requiring the provision of 22 life-sustaining procedures to the child after the child’s birth 23 and for the duration of the child’s life. 24 The bill takes effect upon enactment. 25 -3- LSB 1206SV (4) 87 pf/nh 3/ 3