HSB 621 (LSB 6024YC (4) 90)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act relating to the nonconsensual causing of death of, or serious injury to, an unborn person, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 707.8, Code 2024, is amended to read as follows:
   707.8  Nonconsensual termination —— causing of death of, or serious injury to a human pregnancy, an unborn person.
   1.  A person who terminates a human pregnancy causes the death of an unborn person without the consent of the pregnant person during the commission of a forcible felony is guilty of a class “B” “A” felony.
   2.  A person who terminates a human pregnancy causes the death of an unborn person without the consent of the pregnant person during the commission of a felony or felonious assault is guilty of a class “C” “A” felony.
   3.  a.  A person who intentionally terminates a human pregnancy causes the death of an unborn person without the knowledge and voluntary consent of the pregnant person is guilty of a class “C” “B” felony.
   b.  A person who attempts to intentionally terminate a human pregnancy cause the death of an unborn person without the knowledge and voluntary consent of the pregnant person is guilty of a class “D” “C” felony.
   4.  A person who unintentionally terminates a human pregnancy causes the death of an unborn person by any of the means provided pursuant to section 707.6A, subsection 1, is guilty of a class “C” “B” felony.
   5.  A person who by force or intimidation procures the consent of the pregnant person to a termination of a human pregnancy cause the death of an unborn person is guilty of a class “C” felony.
   6.  A person who unintentionally terminates a human pregnancy causes the death of an unborn person while drag racing in violation of section 321.278 is guilty of a class “D” felony.
   7.  A person who unintentionally terminates a human pregnancy causes the death of an unborn person without the knowledge and voluntary consent of the pregnant person by the commission of an act in a manner likely to cause the termination death of or serious injury to a human pregnancy an unborn person is guilty of an aggravated misdemeanor.
   8.  A person commits an aggravated misdemeanor when the person intentionally causes serious injury to a human pregnancy an unborn person by the commission of an act in a manner likely to cause the termination death of or serious injury to a human pregnancy an unborn person.
   9.  A person commits an aggravated misdemeanor when the person unintentionally causes serious injury to a human pregnancy an unborn person by any of the means described in section 707.6A, subsection 1.
   10.  A person commits a serious misdemeanor when the person unintentionally causes serious injury to a human pregnancy an unborn person by the commission of an act in a manner likely to cause the termination death of or serious injury to the human pregnancy unborn person.
   11.  For the purposes of this section “serious injury to a human pregnancy”:
   a.  “Serious injury to an unborn person” means, relative to the human pregnancy unborn person, disabling mental illness, or bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ, and includes but is not limited to skull fractures, rib fractures, and metaphyseal fractures of the long bones.
   b.  “Unborn person” means an individual organism of the species homo sapiens from fertilization to live birth.
   12.  As used in this section, actions which cause the termination death of or serious injury to a pregnancy an unborn person do not apply to any of the following:
   a.  An act or omission of the pregnant person.
   b.  A termination death of or a serious injury to a pregnancy an unborn person which is caused by the performance of an approved medical procedure performed by a person licensed in this state to practice medicine and surgery or osteopathic medicine and surgery, irrespective of the duration of the pregnancy and with or without the voluntary consent of the pregnant person when circumstances preclude the pregnant person from providing consent.
   c.  An act committed in self-defense or in defense of another person or any other act committed if legally justified or excused.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to Code section 707.8 (nonconsensual termination —— serious injury to a human pregnancy).
   The bill replaces references to “human pregnancy” throughout the Code section with “unborn person”, and defines “unborn person”.
   Current Code section 707.8(1) provides that a person who terminates a human pregnancy without the consent of the pregnant person during the commission of a forcible felony is guilty of a class “B” felony. A class “B” felony is punishable by confinement for no more than 25 years. The bill amends this Code subsection to provide that a person who causes the death of an unborn person without the consent of the pregnant person during the commission of a forcible felony is guilty of a class “A” felony. A class “A” felony is punishable by confinement for life without possibility of parole.
   Current Code section 707.8(2) provides that a person who terminates a human pregnancy without the consent of the pregnant person during the commission of a felony or felonious assault is guilty of a class “C” felony. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,370 but not more than $13,660. The bill amends this Code subsection to provide that a person who causes the death of an unborn person without the consent of the pregnant person during the commission of a felony or felonious assault is guilty of a class “A” felony. A class “A” felony is punishable by confinement for life without possibility of parole.
   Current Code section 707.8(3)(a) provides that a person who intentionally terminates a human pregnancy without the knowledge and voluntary consent of the pregnant person is guilty of a class “C” felony. The bill amends this Code paragraph to provide that a person who intentionally causes the death of an unborn person without the knowledge and voluntary consent of the pregnant person is guilty of a class “B” felony. Additionally, under current Code section 707.8(3)(b), a person who attempts to intentionally terminate a human pregnancy without the knowledge and voluntary consent of the pregnant person is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. The bill amends this Code paragraph to provide that a person who attempts to intentionally cause the death of an unborn person without the knowledge and voluntary consent of the pregnant person is guilty of a class “C” felony.
   Current Code section 707.8(4) provides that a person who unintentionally terminates a human pregnancy by any of the means provided pursuant to Code section 707.6A(1) (operating a motor vehicle while intoxicated), is guilty of a class “C” felony. The bill amends this Code subsection to provide that a person who unintentionally causes the death of an unborn person by any of the means provided pursuant to Code section 707.6A(1) is guilty of a class “B” felony. 
   Current Code section 707.8(5) provides that a person who by force or intimidation procures the consent of the pregnant person to a termination of a human pregnancy is guilty of a class “C” felony. The bill amends this Code subsection to provide that a person who by force or intimidation procures the consent of the pregnant person to cause the death of an unborn person is guilty of a class “C” felony.
   Current Code section 707.8(6) provides that a person who unintentionally terminates a human pregnancy while drag racing is guilty of a class “D” felony. The bill amends this Code subsection to provide that a person who unintentionally causes the death of an unborn person while drag racing is guilty of a class “D” felony. 
   Current Code section 707.8(7) provides that a person who unintentionally terminates a human pregnancy without the knowledge and voluntary consent of the pregnant person by the commission of an act in a manner likely to cause the termination of or serious injury to a human pregnancy is guilty of an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. The bill amends this Code subsection to provide that a person who unintentionally causes the death of an unborn person without the knowledge and voluntary consent of the pregnant person by the commission of an act in a manner likely to cause the death of or serious injury to an unborn person is guilty of an aggravated misdemeanor.
   Current Code section 707.8(8) provides that a person commits an aggravated misdemeanor when the person intentionally causes serious injury to a human pregnancy by the commission of an act in a manner likely to cause the termination of or serious injury to a human pregnancy. The bill amends this Code subsection to provide that a person commits an aggravated misdemeanor when the person intentionally causes serious injury to an unborn person by the commission of an act in a manner likely to cause the death of or serious injury to an unborn person.
   Current Code section 707.8(9) provides that a person commits an aggravated misdemeanor when the person unintentionally causes serious injury to a human pregnancy by any of the means described in Code section 707.6A(1) (operating a motor vehicle while intoxicated). The bill amends this Code subsection to provide that a person commits an aggravated misdemeanor when the person unintentionally causes serious injury to an unborn person by any of the means described in Code section 707.6A(1).
   Current Code section 707.8(10) provides that a person commits a serious misdemeanor when the person unintentionally causes serious injury to a human pregnancy by the commission of an act in a manner likely to cause the termination of or serious injury to the human pregnancy. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. The bill amends this Code subsection to provide that a person commits a serious misdemeanor when the person unintentionally causes serious injury to an unborn person by the commission of an act in a manner likely to cause the death of or serious injury to the unborn person.