House File 2160 - Introduced HOUSE FILE 2160 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2014) A BILL FOR An Act relating to assisted reproduction and providing 1 penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5089HV (4) 89 pf/rh

H.F. 2160 Section 1. Section 147.55, Code 2022, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 7A. Sexual abuse in the fourth degree in 3 violation of section 709.4A. 4 Sec. 2. Section 692A.102, subsection 1, paragraph c, Code 5 2022, is amended by adding the following new subparagraph: 6 NEW SUBPARAGRAPH . (012) Sexual abuse in the fourth degree 7 in violation of section 709.4A. 8 Sec. 3. NEW SECTION . 709.4A Sexual abuse in the fourth 9 degree —— health care professionals. 10 1. A health care professional commits sexual abuse in the 11 fourth degree when the health care professional implants the 12 health care professional’s own human reproductive material 13 through assisted reproduction without the patient’s prior 14 knowledge and written consent. 15 2. Sexual abuse in the fourth degree is an aggravated 16 misdemeanor. 17 3. For the purposes of this section: 18 a. “Assisted reproduction” means a method of causing 19 pregnancy other than sexual intercourse involving medical or 20 scientific intervention. 21 b. “Gamete” means a sperm, an egg, or any part of a sperm 22 or an egg. 23 c. “Health care professional” means a person who is 24 licensed, certified, or otherwise authorized or permitted 25 by the laws of this state to administer health care in the 26 ordinary course of business or in the practice of a profession. 27 d. “Human reproductive material” means a human gamete or a 28 human organism at any stage of development from fertilized ovum 29 to embryo. 30 e. “Patient” means a person who has received or is receiving 31 health services from a health care professional. 32 Sec. 4. Section 802.2, Code 2022, is amended to read as 33 follows: 34 802.2 Sexual abuse —— first, second, or third , or fourth 35 -1- LSB 5089HV (4) 89 pf/rh 1/ 3

H.F. 2160 degree. 1 1. An information or indictment for sexual abuse in the 2 first, second, or third , or fourth degree committed on or 3 with a person who is under the age of eighteen years may be 4 commenced at any time after the commission of the offense. 5 2. An information or indictment for any other sexual abuse 6 in the first, second, or third , or fourth degree shall be 7 commenced within ten years after its commission, or if the 8 person against whom the information or indictment is sought is 9 identified through the use of a DNA profile, an information or 10 indictment shall be commenced within three years from the date 11 the person is identified by the person’s DNA profile, whichever 12 is later. 13 3. As used in this section , “identified” means a person’s 14 legal name is known and the person has been determined to be 15 the source of the DNA. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to assisted reproduction. 20 The bill creates the crime of sexual abuse in the fourth 21 degree. A health care professional commits sexual abuse in 22 the fourth degree when the health care professional implants 23 the health care professional’s own human reproductive material 24 through assisted reproduction without the patient’s prior 25 knowledge and written consent. Sexual abuse in the fourth 26 degree is an aggravated misdemeanor. An aggravated misdemeanor 27 is punishable by confinement for no more than two years and 28 a fine of at least $855 but not more than $8,540. The bill 29 extends statute of limitations provisions that apply to the 30 commencing of an information or indictment for sexual abuse 31 in the first, second, or third degree to also apply to sexual 32 abuse in the fourth degree as established under the bill. 33 Additionally, a health care professional licensed to practice 34 a profession subject to Code chapter 147 who is guilty of 35 -2- LSB 5089HV (4) 89 pf/rh 2/ 3

H.F. 2160 committing sexual abuse in the fourth degree as created in 1 the bill is subject to licensure revocation or suspension, or 2 other licensee discipline by the appropriate board for that 3 profession. 4 -3- LSB 5089HV (4) 89 pf/rh 3/ 3