House File 2316 - Introduced HOUSE FILE 2316 BY DIEKEN , FETT , CISNEROS , WILLS , LARSON , THOMSON , FISHER , and C. JOHNSON A BILL FOR An Act relating to the treatment of an unborn child for the 1 purposes of damages for wrongful death, homicide and related 2 crimes, and assault, making penalties applicable, and 3 including effective date and applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5525YH (4) 91 lh/jh

H.F. 2316 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 2026, 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 5525YH (4) 91 lh/jh 1/ 5

H.F. 2316 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. NEW SECTION . 707.1A Homicide and related crimes —— 20 unborn child victim. 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 -2- LSB 5525YH (4) 91 lh/jh 2/ 5

H.F. 2316 person following a live birth. 1 3. This section shall not apply to the unintentional death 2 of an unborn child resulting from either of the following: 3 a. The performance of life-saving procedures to save the 4 life of a pregnant woman when accompanied by reasonable steps, 5 if available, to save the life of the unborn child. 6 b. A miscarriage. 7 4. If a provision of law conflicts with this section, this 8 section shall prevail. 9 Sec. 4. NEW SECTION . 708.1A Assault on an unborn child. 10 1. a. As used in this chapter, “person” includes an unborn 11 child when the person is the victim of the crime. 12 b. For the purposes of this section: 13 (1) “Fertilization” means the fusion of a human spermatozoon 14 with a human ovum. 15 (2) “Fetal death” means the same as defined in section 16 144.1. 17 (3) “Unborn child” means an individual organism of the 18 species homo sapiens from fertilization to fetal death or live 19 birth. 20 2. Prosecution of a crime under this chapter, when the 21 victim is an unborn child, is subject to the same presumptions, 22 defenses, justifications, immunities, clemencies, and other 23 due process protections that would apply if the victim were a 24 person following a live birth. 25 3. This section shall not apply to the unintentional harm 26 to or death of an unborn child resulting from either of the 27 following: 28 a. The performance of life-saving procedures to save the 29 life of a pregnant woman when accompanied by reasonable steps, 30 if available, to save the life of the unborn child. 31 b. A miscarriage. 32 4. If a provision of law conflicts with this section, this 33 section shall prevail. 34 Sec. 5. EFFECTIVE DATE. This Act, being deemed of immediate 35 -3- LSB 5525YH (4) 91 lh/jh 3/ 5

H.F. 2316 importance, takes effect upon enactment. 1 Sec. 6. APPLICABILITY. This Act applies only to conduct or 2 an act occurring on or after the effective date of this Act. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to the treatment of an unborn child for 7 purposes of damages for wrongful death, certain crimes, and 8 certain defenses. 9 The bill provides the purposes of the bill. 10 The bill amends Code section 633.336 (damages for wrongful 11 death) to provide that damages for wrongful death of a child 12 shall include the wrongful death of an unborn child, as defined 13 in the bill to mean an individual organism of the species homo 14 sapiens from fertilization to fetal death or live birth. 15 The bill creates new Code section 707.1A (homicide and 16 related crimes —— unborn child victim) that provides that 17 for the purpose of Code chapter 707 (homicide and related 18 crimes), “person” includes an unborn child when the person 19 is the victim of the crime. The new Code section provides 20 that prosecution of a crime under Code chapter 707, when the 21 victim is an unborn child, is subject to the same presumptions, 22 defenses, justifications, immunities, clemencies, and other 23 due process protections that would apply if the victim were 24 a person following a live birth. The Code section shall not 25 apply to the unintentional death of an unborn child resulting 26 from the performance of life-saving procedures to save the 27 life of a pregnant woman when accompanied by reasonable steps, 28 if available, to save the life of the unborn child; or to a 29 miscarriage. If a provision of law conflicts with the new Code 30 section, the new Code section prevails. 31 The bill also creates new Code section 708.1A (assault on 32 an unborn child). The new Code section provides that for 33 the purpose of Code chapter 708 (assault), “person” includes 34 an unborn child when the person is the victim of the crime. 35 -4- LSB 5525YH (4) 91 lh/jh 4/ 5

H.F. 2316 The new Code section provides that prosecution of a crime 1 under Code chapter 708, when the victim is an unborn child, is 2 subject to the same presumptions, defenses, justifications, 3 immunities, clemencies, and other due process protections that 4 would apply if the victim were a person following a live birth. 5 The Code section shall not apply to the unintentional death of 6 or harm to an unborn child resulting from the performance of 7 life-saving procedures to save the life of a pregnant woman 8 when accompanied by reasonable steps, if available, to save the 9 life of the unborn child; or to a miscarriage. If a provision 10 of law conflicts with the new Code section, the new Code 11 section prevails. 12 The bill takes effect upon enactment. The bill applies only 13 to conduct or an act occurring on or after the effective date 14 of the bill. 15 -5- LSB 5525YH (4) 91 lh/jh 5/ 5