HSB 501 (LSB 5345YC (2) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON HEALTH AND HUMAN SERVICES BILL BY CHAIRPERSON HARRIS)

A BILL FOR

An Act relating to terminology involving a pregnant female.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 707.7, Code 2026, is amended to read as follows:
   707.7  Feticide.
   1.  Any person who intentionally terminates a human pregnancy, with the knowledge and voluntary consent of the pregnant person female, after the end of the second trimester of the pregnancy where resulting in the death of the fetus results commits feticide. Feticide is a class “C” felony.
   2.  Any person who attempts to intentionally terminate a human pregnancy, with the knowledge and voluntary consent of the pregnant person female, after the end of the second trimester of the pregnancy where that does not result in the death of the fetus does not result commits attempted feticide. Attempted feticide is a class “D” felony.
   3.  Any person who terminates a human pregnancy, with the knowledge and voluntary consent of the pregnant person female, 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.  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 female or of the fetus and every reasonable medical effort not inconsistent with preserving the life of the pregnant person female is made to preserve the life of a viable fetus.
    Sec. 2.  Section 707.8, subsections 1, 2, 3, 5, and 7, Code 2026, are amended to read as follows:
   1.  A person who terminates a human pregnancy without the consent of the pregnant person female during the commission of a forcible felony is guilty of a class “B” felony.
   2.  A person who terminates a human pregnancy without the consent of the pregnant person female during the commission of a felony or felonious assault is guilty of a class “C” felony.
   3.  a.  A person who intentionally terminates a human pregnancy without the knowledge and voluntary consent of the pregnant person female is guilty of a class “C” felony.
   b.  A person who attempts to intentionally terminate a human pregnancy without the knowledge and voluntary consent of the pregnant person female is guilty of a class “D” felony.
   5.  A person who by force or intimidation procures the consent of the pregnant person female to a termination of a human pregnancy is guilty of a class “C” felony.
   7.  A person who unintentionally terminates a human pregnancy without the knowledge and voluntary consent of the pregnant person female 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.
    Sec. 3.  Section 707.8, subsection 12, paragraphs a and b, Code 2026, are amended to read as follows:
   a.  An act or omission of the pregnant person female.
   b.  A termination of or a serious injury to a pregnancy which that 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 female when circumstances preclude the pregnant person female from providing consent.
    Sec. 4.  Section 708.2, subsection 4, Code 2026, is amended to read as follows:
   4.  A person who commits a violation of subsection 3 against another person who the person knows or reasonably should know is a pregnant person female is guilty of a class “D” felony.
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 terminology involving a pregnant female.
   The bill makes changes to terminology used in the Code. The bill changes the use of “pregnant person” to “pregnant female”.