House File 2256 - Introduced HOUSE FILE 2256 BY DIEKEN , CARLSON , STOLTENBERG , CISNEROS , BRADLEY , and SHERMAN A BILL FOR An Act relating to the treatment of an unborn child for the 1 purposes of damages for wrongful death, the defense of 2 compulsion, homicide and related crimes, and assault, making 3 penalties applicable, and including effective date and 4 applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5322YH (10) 90 pf/ko

H.F. 2256 Section 1. PURPOSES. The general assembly finds and 1 declares that the purposes of this Act are all of the 2 following: 3 1. To recognize that the fourteenth amendment to the 4 Constitution of the United States requires that “No state 5 shall...deny to any person within its jurisdiction the equal 6 protection of the laws.” 7 2. To fully recognize that innocent human life, created in 8 the image of God, should be equally protected under the law 9 from fertilization to natural death. 10 3. To ensure that the rights of unborn children are 11 protected from homicide and assault by the same criminal and 12 civil laws protecting all other persons. 13 4. To recognize that all persons potentially subject to such 14 laws are entitled to due process protections. 15 5. To ensure that pregnant women are protected under the law 16 from being pressured to abort a child. 17 6. To remove provisions that may allow a person to solicit, 18 command, aid, or counsel a pregnant woman to abort a child. 19 Sec. 2. Section 633.336, Code 2024, is amended to read as 20 follows: 21 633.336 Damages for wrongful death. 22 1. When a wrongful act produces death, damages recovered as 23 a result of the wrongful act shall be disposed of as personal 24 property belonging to the estate of the deceased; however, if 25 the damages include damages for loss of services and support 26 of a deceased spouse, parent, or child, the damages shall be 27 apportioned by the court among the surviving spouse, children, 28 and parents of the decedent in a manner as the court may deem 29 equitable consistent with the loss of services and support 30 sustained by the surviving spouse, children, and parents 31 respectively. 32 2. Any recovery by a parent for the death of a child shall 33 be subordinate to the recovery, if any, of the spouse or a 34 child of the decedent. 35 -1- LSB 5322YH (10) 90 pf/ko 1/ 5

H.F. 2256 3. If the decedent leaves a spouse, child, or parent, 1 damages for wrongful death shall not be subject to debts and 2 charges of the decedent’s estate, except for amounts to be paid 3 to the department of health and human services for payments 4 made for medical assistance pursuant to chapter 249A , paid 5 on behalf of the decedent from the time of the injury which 6 gives rise to the decedent’s death up until the date of the 7 decedent’s death. 8 4. a. For the purposes of this section, damages for 9 wrongful death of a child shall include the wrongful death of 10 an unborn child. 11 b. For the purposes of this subsection: 12 (1) “Fertilization” means the fusion of a human spermatozoon 13 with a human ovum. 14 (2) “Fetal death” means the same as defined in section 15 144.1. 16 (3) “Unborn child” means an individual organism of 17 the species homo sapiens at any stage of development from 18 fertilization to fetal death or live birth. 19 Sec. 3. Section 704.10, Code 2024, is amended to read as 20 follows: 21 704.10 Compulsion. 22 No An act, other than an act by which one intentionally or 23 recklessly causes physical injury to another, is not a public 24 offense if the person so acting , including a pregnant woman 25 acting relative to her unborn child under chapter 707 or 708, 26 is compelled to do so by another’s threat or menace of serious 27 injury, provided that the person reasonably believes that such 28 injury is imminent and can be averted only by the person doing 29 such act. 30 Sec. 4. NEW SECTION . 707.1A Homicide and related crimes —— 31 unborn child victim. 32 1. a. As used in this chapter, “person” includes an unborn 33 child when the person is the victim of the crime. 34 b. For the purposes of this section: 35 -2- LSB 5322YH (10) 90 pf/ko 2/ 5

H.F. 2256 (1) “Fertilization” means the fusion of a human spermatozoon 1 with a human ovum. 2 (2) “Fetal death” means the same as defined in section 3 144.1. 4 (3) “Unborn child” means an individual organism of the 5 species homo sapiens from fertilization to fetal death or live 6 birth. 7 2. Prosecution of a crime under this chapter, when the 8 victim is an unborn child, is subject to the same presumptions, 9 defenses, justifications, immunities, clemencies, and other 10 due process protections that would apply if the victim were a 11 person following a live birth. 12 3. This section shall not apply to the unintentional death 13 of an unborn child resulting from either of the following: 14 a. The performance of life-saving procedures to save the 15 life of a pregnant woman when accompanied by reasonable steps, 16 if available, to save the life of the unborn child. 17 b. A miscarriage. 18 4. If a provision of law conflicts with this section, this 19 section shall prevail. 20 Sec. 5. NEW SECTION . 708.1A Assault on an unborn child. 21 1. a. As used in this chapter, “person” includes an unborn 22 child when the person is the victim of the crime. 23 b. For the purposes of this section: 24 (1) “Fertilization” means the fusion of a human spermatozoon 25 with a human ovum. 26 (2) “Fetal death” means the same as defined in section 27 144.1. 28 (3) “Unborn child” means an individual organism of the 29 species homo sapiens from fertilization to fetal death or live 30 birth. 31 2. Prosecution of a crime under this chapter, when the 32 victim is an unborn child, is subject to the same presumptions, 33 defenses, justifications, immunities, clemencies, and other 34 due process protections that would apply if the victim were a 35 -3- LSB 5322YH (10) 90 pf/ko 3/ 5

H.F. 2256 person following a live birth. 1 3. This section shall not apply to the unintentional harm 2 to or death of an unborn child resulting from either of the 3 following: 4 a. The performance of life-saving procedures to save the 5 life of a pregnant woman when accompanied by reasonable steps, 6 if available, to save the life of the unborn child. 7 b. A miscarriage. 8 4. If a provision of law conflicts with this section, this 9 section shall prevail. 10 Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate 11 importance, takes effect upon enactment. 12 Sec. 7. APPLICABILITY. This Act applies only to conduct or 13 an act occurring on or after the effective date of this Act. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to the treatment of an unborn child for 18 purposes of damages for wrongful death, certain crimes, and 19 certain defenses. 20 The bill provides the purposes of the bill. 21 The bill amends Code section 633.336 (damages for wrongful 22 death) to provide that damages for wrongful death of a child 23 shall include the wrongful death of an unborn child, as defined 24 in the bill to mean an individual organism of the species homo 25 sapiens from fertilization to fetal death or live birth. 26 The bill amends Code section 704.10 (compulsion) to provide 27 that an act, other than an act by which one intentionally or 28 recklessly causes physical injury to another, is not a public 29 offense if the person so acting, including a pregnant woman 30 acting relative to her unborn child under Code chapter 707 31 (homicide or related crimes) or 708 (assault), is compelled to 32 do so by another’s threat or menace of serious injury, provided 33 that the person reasonably believes that such injury is 34 imminent and can be averted only by the person doing such act. 35 -4- LSB 5322YH (10) 90 pf/ko 4/ 5

H.F. 2256 The bill creates new Code section 707.1A (homicide and 1 related crimes —— unborn child victim) that provides that 2 for the purpose of Code chapter 707 (homicide and related 3 crimes), “person” includes an unborn child when the person 4 is the victim of the crime. The new Code section provides 5 that prosecution of a crime under Code chapter 707, when the 6 victim is an unborn child, is subject to the same presumptions, 7 defenses, justifications, immunities, clemencies, and other 8 due process protections that would apply if the victim were 9 a person following a live birth. The Code section shall not 10 apply to the unintentional death of an unborn child resulting 11 from the performance of life-saving procedures to save the 12 life of a pregnant woman when accompanied by reasonable steps, 13 if available, to save the life of the unborn child; or to a 14 miscarriage. If a provision of law conflicts with the new Code 15 section, the new Code section prevails. 16 The bill also creates new Code section 708.1A (assault on 17 an unborn child). The new Code section provides that for 18 the purpose of Code chapter 708 (assault), “person” includes 19 an unborn child when the person is the victim of the crime. 20 The new Code section provides that prosecution of a crime 21 under Code chapter 708, when the victim is an unborn child, is 22 subject to the same presumptions, defenses, justifications, 23 immunities, clemencies, and other due process protections that 24 would apply if the victim were a person following a live birth. 25 The Code section shall not apply to the unintentional death of 26 or harm to an unborn child resulting from the performance of 27 life-saving procedures to save the life of a pregnant woman 28 when accompanied by reasonable steps, if available, to save the 29 life of the unborn child; or to a miscarriage. If a provision 30 of law conflicts with the new Code section, the new Code 31 section prevails. 32 The bill takes effect upon enactment. The bill applies only 33 to conduct or an act occurring on or after the effective date 34 of the bill. 35 -5- LSB 5322YH (10) 90 pf/ko 5/ 5