House File 2332 - Introduced HOUSE FILE 2332 BY DUNWELL , WHEELER , THOMSON , WILLS , C. JOHNSON , BRADLEY , FISHER , GERHOLD , HOLT , HENDERSON , FETT , GEHLBACH , HAYES , WENGRYN , SIECK , SHIPLEY , STONE , JENEARY , HARRIS , LARSON , SITZMANN , ANDREWS , THOMPSON , and KNIFF McCULLA A BILL FOR An Act relating to elective abortion and feticide, providing 1 penalties, and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5992HH (5) 91 ak/ko

H.F. 2332 Section 1. FINDINGS. 1 1. The general assembly acknowledges that all human beings 2 are created equal and endowed by their creator with certain 3 unalienable rights, the foremost of which is the right to life. 4 2. Article I, section 1, of the Constitution of the State of 5 Iowa recognizes that all men and women are, by nature, free and 6 equal, and have certain inalienable rights —— among which are 7 those of enjoying and defending life. 8 3. Article I, section 9, of the Constitution of the State 9 of Iowa guarantees that no person may be deprived of life, 10 liberty, or property without due process of law. 11 4. The fourteenth amendment to the Constitution of the 12 United States provides that no state shall deprive any person 13 of life, liberty, or property, without due process of law; nor 14 deny to any person within its jurisdiction the equal protection 15 of the laws. 16 5. The general assembly, in the exercise of its 17 constitutional duties and powers, has a fundamental duty to 18 provide equal protection of the lives of all persons, including 19 unborn children. 20 6. The general assembly finds that the life of every human 21 being begins at conception. 22 7. The state of Iowa maintains a fundamental interest in 23 protecting the life of every human being from conception. 24 Sec. 2. NEW SECTION . 146F.1 Definitions. 25 For purposes of this chapter, unless the context otherwise 26 requires: 27 1. “Elective abortion” means the act of using, prescribing, 28 administering, procuring, or selling any instrument, medicine, 29 drug, or any other substance, device, or means with the purpose 30 of terminating a clinically diagnosed pregnancy of a woman, 31 with knowledge that the termination by any of those means will, 32 with reasonable likelihood, cause the death of an unborn child. 33 “Elective abortion” does not include any of the following: 34 a. In vitro fertilization or fertility treatments of any 35 -1- LSB 5992HH (5) 91 ak/ko 1/ 7

H.F. 2332 type. 1 b. An act performed with the intent to do any of the 2 following: 3 (1) Save the life or preserve the health of an unborn child. 4 (2) Remove a deceased unborn child as the result of a 5 spontaneous abortion, commonly known as a miscarriage. 6 (3) Remove or treat an ectopic pregnancy. 7 (4) Treat a physiological condition which the pregnant 8 woman’s physician deems, in the physician’s reasonable medical 9 judgment, to be a medical emergency. 10 c. A spontaneous abortion, commonly known as a miscarriage. 11 d. Medical treatment provided to a pregnant woman by a 12 licensed physician if the medical treatment is not intended 13 to cause an elective abortion, even if the medical treatment 14 results in unintentional injury to, or the accidental death of 15 an unborn child. 16 2. “Fertilization” means the same as defined in section 17 146B.1. 18 3. “Medical emergency” means the same as defined in section 19 146B.1. 20 4. “Unborn child” means the same as defined in section 21 146B.1. 22 Sec. 3. NEW SECTION . 146F.2 Elective abortion —— 23 prohibition. 24 1. A person shall not knowingly use, employ, or administer 25 any drug, instrument, device, means, or procedure upon a 26 pregnant woman with the specific intent to cause an elective 27 abortion. 28 2. A person shall not knowingly aid or abet the use, 29 employment, or administration of any drug, instrument, device, 30 means, or procedure upon a pregnant woman with the specific 31 intent to cause an elective abortion. 32 3. A person who is required to be licensed pursuant to 33 section 147.2 who fails to comply with this chapter is subject 34 to licensee discipline. 35 -2- LSB 5992HH (5) 91 ak/ko 2/ 7

H.F. 2332 4. The board of medicine shall adopt rules pursuant to 1 chapter 17A to administer and enforce this section. 2 Sec. 4. Section 707.7, Code 2026, is amended to read as 3 follows: 4 707.7 Feticide. 5 1. As used in this section, unless the context otherwise 6 requires: 7 a. “Serious injury” means the same as defined in section 8 702.18. 9 b. “Unborn child” means the same as defined in section 10 146B.1. 11 1. 2. Any person who intentionally terminates a human 12 pregnancy, with the knowledge and voluntary consent of the 13 pregnant person, after the end of the second trimester of the 14 pregnancy where death of the fetus results causes the death of 15 an unborn child commits feticide. Feticide is a class “C” “A” 16 felony. 17 2. 3. Any person who attempts to intentionally terminate a 18 human pregnancy, with the knowledge and voluntary consent of 19 the pregnant person, after the end of the second trimester of 20 the pregnancy cause the death of an unborn child where death 21 of the fetus unborn child does not result commits attempted 22 feticide. Attempted feticide is a class “D” “B” felony. 23 3. Any person who terminates a human pregnancy, with the 24 knowledge and voluntary consent of the pregnant person, who 25 is not a person licensed to practice medicine and surgery 26 or osteopathic medicine and surgery under the provisions of 27 chapter 148 , commits a class “C” felony. 28 4. A person who causes the death an unborn child during 29 the commission of a forcible felony is guilty of a class “A” 30 felony. 31 5. A person who unintentionally causes the death of an 32 unborn child during the commission of a public offense other 33 than a forcible felony is guilty of a class “D” felony. 34 6. A person who unintentionally causes the death of an 35 -3- LSB 5992HH (5) 91 ak/ko 3/ 7

H.F. 2332 unborn child by the commission of an act in a manner likely 1 to cause the death of or serious injury to the unborn child 2 commits an aggravated misdemeanor. 3 7. A person who intentionally causes serious injury to an 4 unborn child by the commission of an act in a manner likely 5 to cause the death of or serious injury to the unborn child 6 commits an aggravated misdemeanor. 7 8. A person who unintentionally causes serious injury to 8 an unborn child by the commission of an act in a manner likely 9 to cause the death of or serious injury to the unborn child 10 commits a serious misdemeanor. 11 4. 9. This section shall not apply to the termination of 12 a human pregnancy performed by a physician licensed in this 13 state to practice medicine or surgery or osteopathic medicine 14 or surgery when in the best clinical judgment of the physician 15 the termination is performed to preserve the life or health 16 of the pregnant person or of the fetus and every reasonable 17 medical effort not inconsistent with preserving the life of 18 the pregnant person is made to preserve the life of a viable 19 fetus death of or serious injury to an unborn child that occurs 20 as a result of a medical procedure performed by a licensed 21 physician that is necessary, in the physician’s reasonable 22 medical judgment, to preserve the life of a pregnant woman 23 whose life is endangered by a physical disorder, physical 24 illness, or physical injury, including a life-endangering 25 physical condition caused by or arising from the pregnancy, not 26 including a psychological, emotional, or familial condition, 27 or the woman’s age; or when continuation of the pregnancy 28 will create a serious risk of substantial and irreversible 29 impairment of a major bodily function of the pregnant woman . 30 10. This section shall not apply to an act committed in 31 self-defense, in defense of another person, or any other act 32 committed if legally justified or excused. 33 11. A pregnant woman shall not be prosecuted for the death 34 or serious injury of her unborn child, or for a violation of 35 -4- LSB 5992HH (5) 91 ak/ko 4/ 7

H.F. 2332 subsection 3. 1 12. The attorney general may prosecute a violation of this 2 section. 3 Sec. 5. REPEAL. Section 707.8, Code 2026, is repealed. 4 Sec. 6. EFFECTIVE DATE. This Act, being deemed of immediate 5 importance, takes effect upon enactment. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to elective abortions and feticide and 10 provides criminal penalties. 11 The bill defines “elective abortion”, “fertilization”, 12 “medical emergency”, and “unborn child”. 13 The bill creates new Code section 146F.2 that prohibits a 14 person from knowingly using, employing, or administering any 15 drug, instrument, device, means, or procedure upon a pregnant 16 woman with the specific intent to cause an elective abortion, 17 or from aiding or abetting such conduct. A person required 18 to be licensed under Code section 147.2 who violates the bill 19 shall be subject to licensee discipline. The board of medicine 20 is directed to adopt administrative rules to administer and 21 enforce the new Code section. 22 The bill combines Code section 707.7, relating to feticide, 23 with Code section 707.8, relating to nonconsensual termination 24 or serious injury to a human pregnancy. Current law requires, 25 as an element of the crimes of feticide and attempted feticide 26 that a person has the knowledge and voluntary consent of the 27 pregnant person after the end of the second trimester of the 28 pregnancy. The bill removes these elements from the crimes of 29 feticide and attempted feticide. The bill provides that any 30 person who intentionally causes the death of an unborn child 31 commits feticide, and increases the penalty from a class “C” 32 felony to a class “A” felony. The bill provides that any 33 person, other than a pregnant woman, who attempts to cause 34 the death of an unborn child where death of the unborn child 35 -5- LSB 5992HH (5) 91 ak/ko 5/ 7

H.F. 2332 does not result commits attempted feticide, and increases the 1 penalty from a class “D” felony to a class “B” felony. The bill 2 removes the criminal penalty for any person who terminates a 3 human pregnancy, with the knowledge and voluntary consent of 4 the pregnant person, who is not a person licensed to practice 5 medicine and surgery or osteopathic medicine and surgery. The 6 penalty for causing the death of an unborn child during the 7 commission of a forcible felony is a class “A” felony. 8 Current law provides that a person who terminates a human 9 pregnancy without the consent of the pregnant person during 10 the commission of a felony or felonious assault is guilty of 11 a class “C” felony. Under the bill, a person who causes the 12 death of an unborn child during the commission of a public 13 offense other than a forcible felony commits a class “D” 14 felony. Under the bill, a person who unintentionally causes 15 the death of an unborn child by the commission of an act in a 16 manner likely to cause the death of or serious injury to the 17 unborn child commits an aggravated misdemeanor; a person who 18 intentionally causes serious injury to an unborn child by the 19 commission of an act in a manner likely to cause the death of 20 or serious injury to the unborn child commits an aggravated 21 misdemeanor; a person who unintentionally causes serious injury 22 to an unborn child by the commission of an act in a manner 23 likely to cause the death of or serious injury to the unborn 24 child commits a serious misdemeanor. 25 Under the bill, Code section 707.7 shall not apply to the 26 death of or serious injury to an unborn child that occurs as a 27 result of a medical procedure performed by a licensed physician 28 that is necessary to preserve the life of a pregnant woman 29 whose life is endangered by a physical disorder, physical 30 illness, or physical injury as described in the bill. Code 31 section 707.7 also does not apply to an act committed in 32 self-defense, in defense of another person, or any other act 33 committed if legally justified or excused. 34 Under the bill, a pregnant woman shall not be prosecuted for 35 -6- LSB 5992HH (5) 91 ak/ko 6/ 7

H.F. 2332 the death or serious injury of or the attempt to cause death or 1 serious injury of her unborn child. 2 Current law specifies that Code section 707.7 does not apply 3 to the termination of a human pregnancy performed by a licensed 4 physician when in the best clinical judgment of the physician 5 the termination is performed to preserve the life or health of 6 the pregnant person or fetus. 7 The bill allows the attorney general to prosecute a 8 violation of Code section 707.7. 9 The bill repeals Code section 707.8. 10 A class “A” felony is punishable by confinement for 11 life without possibility of parole. A class “B” felony is 12 punishable by confinement for no more than 25 years. A class 13 “C” felony is punishable for no more than 10 years and a fine 14 of at least $1,370 but not more than $13,660. A class “D” 15 felony is punishable by confinement for no more than five years 16 and a fine of at least $1,025 but not more than $10,245. An 17 aggravated misdemeanor is punishable by confinement for no more 18 than two years and a fine of at least $855 but not more than 19 $8,540. A serious misdemeanor is punishable by a fine of at 20 least $430 but not more than $2,560. 21 The bill takes effect upon enactment. 22 -7- LSB 5992HH (5) 91 ak/ko 7/ 7