HF 2332 (LSB 5992HH (5) 91)

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 penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  FINDINGS.
   1.  The general assembly acknowledges that all human beings are created equal and endowed by their creator with certain unalienable rights, the foremost of which is the right to life.
   2.  Article I, section 1, of the Constitution of the State of Iowa recognizes that all men and women are, by nature, free and equal, and have certain inalienable rights� —— among which are those of enjoying and defending life.
   3.  Article I, section 9, of the Constitution of the State of Iowa guarantees that no person may be deprived of life, liberty, or property without due process of law.
   4.  The fourteenth amendment to the Constitution of the United States provides that no state shall deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
   5.  The general assembly, in the exercise of its constitutional duties and powers, has a fundamental duty to provide equal protection of the lives of all persons, including unborn children.
   6.  The general assembly finds that the life of every human being begins at conception.
   7.  The state of Iowa maintains a fundamental interest in protecting the life of every human being from conception.
    Sec. 2.  NEW SECTION.  146F.1  Definitions.
   For purposes of this chapter, unless the context otherwise requires:
   1.  “Elective abortion” means the act of using, prescribing, administering, procuring, or selling any instrument, medicine, drug, or any other substance, device, or means with the purpose of terminating a clinically diagnosed pregnancy of a woman, with knowledge that the termination by any of those means will, with reasonable likelihood, cause the death of an unborn child. “Elective abortion” does not include any of the following:
   a.  In vitro fertilization or fertility treatments of any type.
   b.  An act performed with the intent to do any of the following:
   (1)  Save the life or preserve the health of an unborn child.
   (2)  Remove a deceased unborn child as the result of a spontaneous abortion, commonly known as a miscarriage.
   (3)  Remove or treat an ectopic pregnancy.
   (4)  Treat a physiological condition which the pregnant woman’s physician deems, in the physician’s reasonable medical judgment, to be a medical emergency.
   c.  A spontaneous abortion, commonly known as a miscarriage.
   d.  Medical treatment provided to a pregnant woman by a licensed physician if the medical treatment is not intended to cause an elective abortion, even if the medical treatment results in unintentional injury to, or the accidental death of an unborn child.
   2.  “Fertilization” means the same as defined in section 146B.1.
   3.  “Medical emergency” means the same as defined in section 146B.1.
   4.  “Unborn child” means the same as defined in section 146B.1.
    Sec. 3.  NEW SECTION.  146F.2  Elective abortion —— prohibition.
   1.  A person shall not knowingly use, employ, or administer any drug, instrument, device, means, or procedure upon a pregnant woman with the specific intent to cause an elective abortion.
   2.  A person shall not knowingly aid or abet the use, employment, or administration of any drug, instrument, device, means, or procedure upon a pregnant woman with the specific intent to cause an elective abortion.
   3.  A person who is required to be licensed pursuant to section 147.2 who fails to comply with this chapter is subject to licensee discipline.
   4.  The board of medicine shall adopt rules pursuant to chapter 17A to administer and enforce this section.
    Sec. 4.  Section 707.7, Code 2026, is amended to read as follows:
   707.7  Feticide.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Serious injury” means the same as defined in section 702.18.
   b.  “Unborn child” means the same as defined in section 146B.1.
   1.  2.  Any person who intentionally terminates a human pregnancy, with the knowledge and voluntary consent of the pregnant person, after the end of the second trimester of the pregnancy where death of the fetus results causes the death of an unborn child commits feticide. Feticide is a class “C” “A” felony.
   2.  3.  Any person who attempts to intentionally terminate a human pregnancy, with the knowledge and voluntary consent of the pregnant person, after the end of the second trimester of the pregnancy cause the death of an unborn child where death of the fetus unborn child does not result commits attempted feticide. Attempted feticide is a class “D” “B” felony.
   3.  Any person who terminates a human pregnancy, with the knowledge and voluntary consent of the pregnant person, who is not a person licensed to practice medicine and surgery or osteopathic medicine and surgery under the provisions of chapter 148, commits a class “C” felony.
   4.  A person who causes the death an unborn child during the commission of a forcible felony is guilty of a class “A” felony.
   5.  A person who unintentionally causes the death of an unborn child during the commission of a public offense other than a forcible felony is guilty of a class “D” felony.
   6.  A person who unintentionally causes the death of an unborn child by the commission of an act in a manner likely to cause the death of or serious injury to the unborn child commits an aggravated misdemeanor.
   7.  A person who intentionally causes serious injury to an unborn child by the commission of an act in a manner likely to cause the death of or serious injury to the unborn child commits an aggravated misdemeanor.
   8.  A person who unintentionally causes serious injury to an unborn child by the commission of an act in a manner likely to cause the death of or serious injury to the unborn child commits a serious misdemeanor.
   4.  9.  This section shall not apply to the termination of a human pregnancy performed by a physician licensed in this state to practice medicine or surgery or osteopathic medicine or surgery when in the best clinical judgment of the physician the termination is performed to preserve the life or health of the pregnant person or of the fetus and every reasonable medical effort not inconsistent with preserving the life of the pregnant person is made to preserve the life of a viable fetus death of or serious injury to an unborn child that occurs as a result of a medical procedure performed by a licensed physician that is necessary, in the physician’s reasonable medical judgment, to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy, not including a psychological, emotional, or familial condition, or the woman’s age; or when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman.
   10.  This section shall not apply to an act committed in self-defense, in defense of another person, or any other act committed if legally justified or excused.
   11.  A pregnant woman shall not be prosecuted for the death or serious injury of her unborn child, or for a violation of subsection 3.
   12.  The attorney general may prosecute a violation of this section.
    Sec. 5.  REPEAL.  Section 707.8, Code 2026, is repealed.
    Sec. 6.  EFFECTIVE DATE.  This Act, being deemed of immediate importance, takes effect upon enactment.
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 elective abortions and feticide and provides criminal penalties. 
   The bill defines “elective abortion”, “fertilization”, “medical emergency”, and “unborn child”.
   The bill creates new Code section 146F.2 that prohibits a person from knowingly using, employing, or administering any drug, instrument, device, means, or procedure upon a pregnant woman with the specific intent to cause an elective abortion, or from aiding or abetting such conduct. A person required to be licensed under Code section 147.2 who violates the bill shall be subject to licensee discipline. The board of medicine is directed to adopt administrative rules to administer and enforce the new Code section.
   The bill combines Code section 707.7, relating to feticide, with Code section 707.8, relating to nonconsensual termination or serious injury to a human pregnancy. Current law requires, as an element of the crimes of feticide and attempted feticide that a person has the knowledge and voluntary consent of the pregnant person after the end of the second trimester of the pregnancy. The bill removes these elements from the crimes of feticide and attempted feticide. The bill provides that any person who intentionally causes the death of an unborn child commits feticide, and increases the penalty from a class “C” felony to a class “A” felony. The bill provides that any person, other than a pregnant woman, who attempts to cause the death of an unborn child where death of the unborn child does not result commits attempted feticide, and increases the penalty from a class “D” felony to a class “B” felony. The bill removes the criminal penalty for any person who terminates a human pregnancy, with the knowledge and voluntary consent of the pregnant person, who is not a person licensed to practice medicine and surgery or osteopathic medicine and surgery. The penalty for causing the death of an unborn child during the commission of a forcible felony is a class “A” felony.
   Current law 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. Under the bill, a person who causes the death of an unborn child during the commission of a public offense other than a forcible felony commits a class “D” felony. Under the bill, a person who unintentionally causes the death of an unborn child by the commission of an act in a manner likely to cause the death of or serious injury to the unborn child commits an aggravated misdemeanor; a person who intentionally causes serious injury to an unborn child by the commission of an act in a manner likely to cause the death of or serious injury to the unborn child commits an aggravated misdemeanor; a person who unintentionally causes serious injury to an unborn child by the commission of an act in a manner likely to cause the death of or serious injury to the unborn child commits a serious misdemeanor.
   Under the bill, Code section 707.7 shall not apply to the death of or serious injury to an unborn child that occurs as a result of a medical procedure performed by a licensed physician that is necessary to preserve the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury as described in the bill. Code section 707.7 also does not apply to an act committed in self-defense, in defense of another person, or any other act committed if legally justified or excused.
   Under the bill, a pregnant woman shall not be prosecuted for the death or serious injury of or the attempt to cause death or serious injury of her unborn child.
   Current law specifies that Code section 707.7 does not apply to the termination of a human pregnancy performed by a licensed physician when in the best clinical judgment of the physician the termination is performed to preserve the life or health of the pregnant person or fetus.
   The bill allows the attorney general to prosecute a violation of Code section 707.7.
   The bill repeals Code section 707.8.
   A class “A” felony is punishable by confinement for life without possibility of parole. A class “B” felony is punishable by confinement for no more than 25 years. A class “C” felony is punishable for no more than 10 years and a fine of at least $1,370 but not more than $13,660. 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. 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. A serious misdemeanor is punishable by a fine of at least $430 but not more than $2,560.
   The bill takes effect upon enactment.