Senate File 54 - Introduced SENATE FILE 54 BY CHELGREN A BILL FOR An Act relating to the determination of when certain criminal 1 and vital statistics provisions apply to the death of a 2 fetus, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1155XS (2) 87 pf/nh

S.F. 54 Section 1. Section 136A.2, subsection 8, Code 2017, is 1 amended to read as follows: 2 8. “Stillbirth” means an unintended fetal death occurring 3 after a gestation period of twenty completed weeks, or an 4 unintended fetal death of a fetus with a weight of three 5 hundred fifty or more grams. 6 Sec. 2. Section 144.29, unnumbered paragraph 1, Code 2017, 7 is amended to read as follows: 8 A fetal death certificate for each fetal death which occurs 9 in this state after a gestation period of twenty completed 10 weeks or greater, or for of a fetus with a weight of three 11 hundred fifty grams or more shall be filed as directed by the 12 state registrar within three days after delivery and prior 13 to final disposition of the fetus. The certificate shall be 14 registered if it has been completed and filed in accordance 15 with this chapter . 16 Sec. 3. Section 144.29A, subsection 7, paragraph c, Code 17 2017, is amended to read as follows: 18 c. “Spontaneous termination of pregnancy” means the 19 occurrence of an unintended termination of pregnancy at any 20 time during the period from conception to twenty weeks the 21 point in gestation when the fetus reaches a weight of three 22 hundred fifty grams and which is not a spontaneous termination 23 of pregnancy at any time during the period from twenty weeks or 24 after the point in gestation when the fetus reaches a weight 25 greater than three hundred fifty grams which is reported to the 26 department as a fetal death under this chapter . 27 Sec. 4. Section 707.1, Code 2017, is amended to read as 28 follows: 29 707.1 Murder defined. 30 1. A person who kills another person with malice 31 aforethought either express or implied commits murder. 32 2. “Person” , when referring to the victim of a murder, means 33 an individual human being from the point of gestation when the 34 fetus reaches a weight of three hundred fifty grams or more 35 -1- LSB 1155XS (2) 87 pf/nh 1/ 4

S.F. 54 until natural death. 1 3. Murder does not include any of the following: 2 a. A “stillbirth” as defined in section 136A.2, a 3 “fetal death” as defined in section 144.1, or a “spontaneous 4 termination of pregnancy” as defined in section 144.29A. 5 b. A termination of a human pregnancy performed by a 6 physician licensed in this state to practice medicine or 7 surgery or osteopathic medicine or surgery when in the best 8 clinical judgment of the physician the termination is performed 9 to preserve the life or health of the pregnant person or of the 10 fetus and every reasonable medical effort not inconsistent with 11 preserving the life of the pregnant person is made to preserve 12 the life of a viable fetus. 13 Sec. 5. Section 707.7, subsections 1 and 2, Code 2017, are 14 amended to read as follows: 15 1. Any person who intentionally terminates a human 16 pregnancy, with the knowledge and voluntary consent of the 17 pregnant person, after the end of the second trimester of the 18 pregnancy fetus reaches a weight of three hundred fifty grams 19 or more where death of the fetus results commits feticide. 20 Feticide is a class “C” felony. 21 2. Any person who attempts to intentionally terminate a 22 human pregnancy, with the knowledge and voluntary consent of 23 the pregnant person, after the end of the second trimester of 24 the pregnancy fetus reaches a weight of three hundred fifty 25 grams or more where death of the fetus does not result commits 26 attempted feticide. Attempted feticide is a class “D” felony. 27 Sec. 6. Section 707.9, Code 2017, is amended to read as 28 follows: 29 707.9 Murder of fetus aborted alive. 30 A person who intentionally kills a viable fetus that has 31 reached a weight of three hundred fifty grams or more aborted 32 alive shall be guilty of a class “B” felony. 33 Sec. 7. Section 707.10, Code 2017, is amended to read as 34 follows: 35 -2- LSB 1155XS (2) 87 pf/nh 2/ 4

S.F. 54 707.10 Duty to preserve the life of the fetus. 1 A person who performs or induces a termination of a human 2 pregnancy and who willfully fails to exercise that degree of 3 professional skill, care, and diligence available to preserve 4 the life and health of a viable fetus that has reached a weight 5 of three hundred fifty grams or more shall be guilty of a 6 serious misdemeanor. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill relates to the determination of when fetal death 11 and homicide and related criminal provisions apply to a fetus. 12 The bill redefines “stillbirth” and “spontaneous termination 13 of pregnancy”, and describes fetal death for the purposes of 14 the required filing of a fetal death certificate, so that all 15 these terms are based on the fetus’ weight relative to 350 16 grams. 17 The bill defines the term “person” in the context of the 18 victim of a murder to mean an individual human being from the 19 point of gestation when the fetus reaches a weight of 350 20 grams or more until natural death. However, the bill provides 21 that murder does not include a stillbirth, a fetal death, or a 22 spontaneous termination of pregnancy. 23 The bill also amends provisions relating to feticide 24 to apply the elements of that crime to a human pregnancy 25 after the fetus reaches a weight of 350 grams and eliminates 26 the alternative of application to a fetus after the second 27 trimester of a pregnancy. 28 The bill amends provisions relating to the murder of a fetus 29 aborted alive and the duty to preserve the life of a fetus on 30 which a termination of pregnancy has been induced or performed, 31 to apply to a fetus that has reached the weight of 350 grams 32 or more rather than a fetus that has reached the stage of 33 viability. 34 The criminal penalties that currently apply to murder, 35 -3- LSB 1155XS (2) 87 pf/nh 3/ 4

S.F. 54 feticide, nonconsensual termination of a human pregnancy, 1 murder of a fetus aborted alive, and violation of the duty to 2 preserve the life of a fetus, are applicable, respectively, to 3 the provisions of the bill. 4 -4- LSB 1155XS (2) 87 pf/nh 4/ 4