Senate File 523 - Introduced SENATE FILE 523 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1170) A BILL FOR An Act relating to the nonconsensual termination of and serious 1 injury to a human pregnancy, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2267SV (1) 88 pf/rh

S.F. 523 Section 1. Section 707.8, subsections 1 and 2, Code 2019, 1 are amended by striking the subsections and inserting in lieu 2 thereof the following: 3 1. A person who knew or reasonably should have known that a 4 person was pregnant is guilty of a class “A” felony under any 5 of the following circumstances: 6 a. The person intended to cause the death of or serious 7 bodily injury to the pregnant person or to terminate or cause 8 serious injury to the human pregnancy, and without the pregnant 9 person’s consent, terminates the human pregnancy. 10 b. The person knew or reasonably should have known that the 11 person’s actions would cause the death of or serious bodily 12 injury to the pregnant person or would terminate or cause 13 serious injury to the human pregnancy, and without the pregnant 14 person’s consent, terminates the human pregnancy. 15 2. A person who knew or reasonably should have known that 16 a person was pregnant is guilty of a class “A” felony if 17 the person, without specific intent to cause the death of or 18 serious bodily injury to the pregnant person or to terminate 19 or cause serious injury to the human pregnancy, terminates the 20 human pregnancy without the pregnant person’s consent, during 21 the commission of a felony. 22 Sec. 2. Section 707.8, subsections 3 and 4, Code 2019, are 23 amended to read as follows: 24 3. A person who intentionally terminates a human pregnancy 25 without the knowledge and voluntary consent of the pregnant 26 person is guilty of a class “C” “B” felony. 27 4. A person who unintentionally terminates a human 28 pregnancy by any of the means provided pursuant to section 29 707.6A, subsection 1 , is guilty of a class “C” “B” felony. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to nonconsensual termination of and 34 serious injury to a human pregnancy. 35 -1- LSB 2267SV (1) 88 pf/rh 1/ 2

S.F. 523 The bill strikes current provisions relating to the 1 termination of a human pregnancy without the consent of the 2 pregnant person during the commission of a forcible felony or 3 during the commission of a felony or felonious assault. The 4 bill instead provides that a person who knew or reasonably 5 should have known that a person was pregnant is guilty of a 6 class “A” felony if either (1) the person intended to cause the 7 death of or serious bodily injury to the pregnant person or to 8 terminate or cause serious injury to the human pregnancy, and 9 without the pregnant person’s consent, terminates the human 10 pregnancy, or (2) the person knew or reasonably should have 11 known the person’s actions would cause the death of or serious 12 bodily injury to the pregnant person or would terminate or 13 cause serious injury to the human pregnancy, and without the 14 pregnant person’s consent, terminates the human pregnancy. 15 Additionally, the bill provides that a person who knew or 16 reasonably should have known that a person was pregnant is 17 guilty of a class “A” felony if the person, without specific 18 intent to cause the death of or serious bodily injury to the 19 pregnant person or to terminate or cause serious injury to the 20 human pregnancy, terminates the human pregnancy, without the 21 pregnant person’s consent, during the commission of a felony. 22 The bill also increases the penalty for a person who 23 unintentionally terminates a human pregnancy by any of 24 the means provided pursuant to Code section 707.6A(1), 25 (unintentionally causing the death of another by operating 26 a motor vehicle while intoxicated) and for a person who 27 intentionally terminates a human pregnancy without the 28 voluntary and informed consent of the pregnant person from a 29 class “C” felony to a class “B” felony. 30 -2- LSB 2267SV (1) 88 pf/rh 2/ 2