House File 2289 - Introduced HOUSE FILE 2289 BY WHEELER A BILL FOR An Act relating to prohibiting abortion in the state, and 1 providing effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6086HH (4) 89 pf/rh
H.F. 2289 DIVISION I 1 ABORTION PROHIBITION 2 Section 1. NEW SECTION . 146E.1 Abortion —— prohibited. 3 1. A person shall not knowingly perform, induce, or attempt 4 to perform or induce an abortion in this state. 5 2. For the purposes of this section, “abortion” means the 6 termination of a human pregnancy with the intent other than to 7 produce a live birth or to remove a dead fetus. 8 DIVISION II 9 CONFORMING LEGISLATION 10 Sec. 2. CONFORMING LEGISLATION. The department of 11 public health in cooperation with the office of the attorney 12 general shall, in compliance with section 2.16, prepare draft 13 legislation for submission to the legislative services agency, 14 as necessary, for consideration by the general assembly during 15 the legislative session immediately following the effective 16 date of division I of this Act, to implement conforming changes 17 in the Code resulting from the enactment of division I of this 18 Act. 19 DIVISION III 20 EFFECTIVE DATE PROVISIONS 21 Sec. 3. EFFECTIVE DATE. Division I of this Act prohibiting 22 abortion in this state takes effect thirty days after either of 23 the following, whichever is earlier: 24 1. The issuance of a United States Supreme Court judgment 25 in a decision overruling, wholly or partly, Roe v. Wade, 410 26 U.S. 113 (1973), as modified by Planned Parenthood v. Casey, 27 505 U.S. 833 (1992), thereby allowing the states of the United 28 States to prohibit abortion. 29 2. The adoption of an amendment to the United States 30 Constitution that, wholly or partly, restores to the states the 31 authority to prohibit abortion. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -1- LSB 6086HH (4) 89 pf/rh 1/ 2
H.F. 2289 This bill relates to prohibiting abortion in the state. 1 Division I of the bill prohibits a person from knowingly 2 performing, inducing, or attempting to perform or induce an 3 abortion in this state. The bill defines “abortion” as the 4 termination of a human pregnancy with the intent other than to 5 produce a live birth or to remove a dead fetus. 6 Division II of the bill requires that the department of 7 public health in cooperation with the office of the attorney 8 general shall, in compliance with Code section 2.16 (prefiling 9 legislative bills), prepare draft legislation for submission 10 to the legislative services agency, as necessary, for 11 consideration by the general assembly during the legislative 12 session immediately following the effective date of division 13 I of the bill, to implement conforming changes in the Code 14 resulting from the enactment of division I of the bill. 15 Division III of the bill provides that division I of the bill 16 prohibiting abortion in this state takes effect 30 days after 17 the earlier of either: the issuance of a United States Supreme 18 Court judgment in a decision overruling, wholly or partly, Roe 19 v. Wade, 410 U.S. 113 (1973), as modified by Planned Parenthood 20 v. Casey, 505 U.S. 833 (1992), thereby allowing the states of 21 the United States to prohibit abortion; or the adoption of 22 an amendment to the United States Constitution that, wholly 23 or partly, restores to the states the authority to prohibit 24 abortion. 25 -2- LSB 6086HH (4) 89 pf/rh 2/ 2