House File 453 - Introduced HOUSE FILE 453 BY DIEKEN , C. JOHNSON , FETT , CISNEROS , FISHER , THOMSON , and WILLS 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 1646YH (5) 91 lh/ko

H.F. 453 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 2025, 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 1646YH (5) 91 lh/ko 1/ 6

H.F. 453 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 701.4, Code 2025, is amended to read as 20 follows: 21 701.4 Insanity. 22 A person , including a pregnant woman acting relative to her 23 unborn child under chapter 707 or 708, shall not be convicted 24 of a crime if at the time the crime is committed the person 25 suffers from such a diseased or deranged condition of the mind 26 as to render the person incapable of knowing the nature and 27 quality of the act the person is committing or incapable of 28 distinguishing between right and wrong in relation to that act. 29 Insanity need not exist for any specific length of time before 30 or after the commission of the alleged criminal act. If the 31 defense of insanity is raised, the defendant must prove by a 32 preponderance of the evidence that the defendant at the time 33 of the crime suffered from such a deranged condition of the 34 mind as to render the defendant incapable of knowing the nature 35 -2- LSB 1646YH (5) 91 lh/ko 2/ 6

H.F. 453 and quality of the act the defendant was committing or was 1 incapable of distinguishing between right and wrong in relation 2 to the act. 3 Sec. 4. Section 704.10, Code 2025, is amended to read as 4 follows: 5 704.10 Compulsion. 6 No An act, other than an act by which one intentionally or 7 recklessly causes physical injury to another, is not a public 8 offense if the person so acting , including a pregnant woman 9 acting relative to her unborn child under chapter 707 or 708, 10 is compelled to do so by another’s threat or menace of serious 11 injury, provided that the person reasonably believes that such 12 injury is imminent and can be averted only by the person doing 13 such act. 14 Sec. 5. NEW SECTION . 707.1A Homicide and related crimes —— 15 unborn child victim. 16 1. a. As used in this chapter, “person” includes an unborn 17 child when the person is the victim of the crime. 18 b. For the purposes of this section: 19 (1) “Fertilization” means the fusion of a human spermatozoon 20 with a human ovum. 21 (2) “Fetal death” means the same as defined in section 22 144.1. 23 (3) “Unborn child” means an individual organism of the 24 species homo sapiens from fertilization to fetal death or live 25 birth. 26 2. Prosecution of a crime under this chapter, when the 27 victim is an unborn child, is subject to the same presumptions, 28 defenses, justifications, immunities, clemencies, and other 29 due process protections that would apply if the victim were a 30 person following a live birth. 31 3. This section shall not apply to the unintentional death 32 of an unborn child resulting from either of the following: 33 a. The performance of life-saving procedures to save the 34 life of a pregnant woman when accompanied by reasonable steps, 35 -3- LSB 1646YH (5) 91 lh/ko 3/ 6

H.F. 453 if available, to save the life of the unborn child. 1 b. A miscarriage. 2 4. If a provision of law conflicts with this section, this 3 section shall prevail. 4 Sec. 6. NEW SECTION . 708.1A Assault on an unborn child. 5 1. a. As used in this chapter, “person” includes an unborn 6 child when the person is the victim of the crime. 7 b. For the purposes of this section: 8 (1) “Fertilization” means the fusion of a human spermatozoon 9 with a human ovum. 10 (2) “Fetal death” means the same as defined in section 11 144.1. 12 (3) “Unborn child” means an individual organism of the 13 species homo sapiens from fertilization to fetal death or live 14 birth. 15 2. Prosecution of a crime under this chapter, when the 16 victim is an unborn child, is subject to the same presumptions, 17 defenses, justifications, immunities, clemencies, and other 18 due process protections that would apply if the victim were a 19 person following a live birth. 20 3. This section shall not apply to the unintentional harm 21 to or death of an unborn child resulting from either of the 22 following: 23 a. The performance of life-saving procedures to save the 24 life of a pregnant woman when accompanied by reasonable steps, 25 if available, to save the life of the unborn child. 26 b. A miscarriage. 27 4. If a provision of law conflicts with this section, this 28 section shall prevail. 29 Sec. 7. EFFECTIVE DATE. This Act, being deemed of immediate 30 importance, takes effect upon enactment. 31 Sec. 8. APPLICABILITY. This Act applies only to conduct or 32 an act occurring on or after the effective date of this Act. 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -4- LSB 1646YH (5) 91 lh/ko 4/ 6

H.F. 453 the explanation’s substance by the members of the general assembly. 1 This bill relates to the treatment of an unborn child for 2 purposes of damages for wrongful death, certain crimes, and 3 certain defenses. 4 The bill amends Code section 633.336 (damages for wrongful 5 death) to provide that damages for wrongful death of a child 6 shall include the wrongful death of an unborn child, as defined 7 in the bill to mean an individual organism of the species homo 8 sapiens from fertilization to fetal death or live birth. 9 The bill amends Code section 701.4 (insanity) to include 10 a pregnant woman acting relative to her unborn child under 11 Code chapter 707 or 708 as a person who shall not be convicted 12 of a crime if at the time the crime is committed, the person 13 suffers from such a diseased or deranged condition of the mind 14 as to render the person incapable of knowing the nature and 15 quality of the act the person is committing or incapable of 16 distinguishing between right and wrong in relation to that act. 17 The bill amends Code section 704.10 (compulsion) to provide 18 that an act, other than an act by which one intentionally or 19 recklessly causes physical injury to another, is not a public 20 offense if the person so acting, including a pregnant woman 21 acting relative to her unborn child under Code chapter 707 22 (homicide or related crimes) or 708 (assault), is compelled to 23 do so by another’s threat or menace of serious injury, provided 24 that the person reasonably believes that such injury is 25 imminent and can be averted only by the person doing such act. 26 The bill creates new Code section 707.1A (homicide and 27 related crimes —— unborn child victim) that provides that for 28 the purpose of Code chapter 707 (homicide and related crimes), 29 “person” includes an unborn child when the person is the victim 30 of the crime. The bill provides that prosecution of a crime 31 under Code chapter 707, when the victim is an unborn child, is 32 subject to the same presumptions, defenses, justifications, 33 immunities, clemencies, and other due process protections 34 that would apply if the victim were a person following a live 35 -5- LSB 1646YH (5) 91 lh/ko 5/ 6

H.F. 453 birth. The Code section shall not apply to the unintentional 1 death of an unborn child resulting from the performance of 2 life-saving procedures to save the life of a pregnant woman 3 when accompanied by reasonable steps, if available, to save the 4 life of the unborn child; or to a miscarriage. If a provision 5 of law conflicts with the new Code section, the new Code 6 section prevails. 7 The bill also creates new Code section 708.1A (assault on an 8 unborn child). The bill provides that for the purpose of Code 9 chapter 708 (assault), “person” includes an unborn child when 10 the person is the victim of the crime. Prosecution of a crime 11 under Code chapter 708, when the victim is an unborn child, is 12 subject to the same presumptions, defenses, justifications, 13 immunities, clemencies, and other due process protections that 14 would apply if the victim were a person following a live birth. 15 The Code section shall not apply to the unintentional death of 16 or harm to an unborn child resulting from the performance of 17 life-saving procedures to save the life of a pregnant woman 18 when accompanied by reasonable steps, if available, to save the 19 life of the unborn child; or to a miscarriage. If a provision 20 of law conflicts with the new Code section, the new Code 21 section prevails. 22 The bill takes effect upon enactment. The bill applies only 23 to conduct or an act occurring on or after the effective date 24 of the bill. 25 -6- LSB 1646YH (5) 91 lh/ko 6/ 6