Senate
File
471
-
Reprinted
SENATE
FILE
471
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
SF
53)
(As
Amended
and
Passed
by
the
Senate
March
14,
2017
)
A
BILL
FOR
An
Act
relating
to
feticide,
making
penalties
applicable,
and
1
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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471
Section
1.
Section
707.7,
Code
2017,
is
amended
to
read
as
1
follows:
2
707.7
Feticide.
3
1.
Any
person
who
intentionally
terminates
a
human
4
pregnancy,
with
the
knowledge
and
voluntary
consent
of
the
5
pregnant
person,
after
the
end
of
the
second
trimester
of
the
6
pregnancy
reaches
twenty
weeks
postfertilization
or
the
fetus
7
achieves
viability,
whichever
occurs
earlier
,
where
death
of
8
the
fetus
results
,
commits
feticide.
Feticide
is
a
class
“C”
9
felony.
10
2.
Any
person
who
attempts
to
intentionally
terminate
a
11
human
pregnancy,
with
the
knowledge
and
voluntary
consent
of
12
the
pregnant
person,
after
the
end
of
the
second
trimester
13
of
the
pregnancy
reaches
twenty
weeks
postfertilization
or
14
the
fetus
achieves
viability,
whichever
occurs
earlier
,
where
15
death
of
the
fetus
does
not
result
,
commits
attempted
feticide.
16
Attempted
feticide
is
a
class
“D”
felony.
17
3.
Any
person
who
terminates
a
human
pregnancy,
with
the
18
knowledge
and
voluntary
consent
of
the
pregnant
person,
who
19
is
not
a
person
licensed
to
practice
medicine
and
surgery
20
or
osteopathic
medicine
and
surgery
under
the
provisions
of
21
chapter
148
,
commits
a
class
“C”
felony.
22
4.
a.
This
section
shall
not
apply
to
the
termination
of
23
a
human
pregnancy
performed
by
a
physician
licensed
in
this
24
state
to
practice
medicine
or
surgery
or
osteopathic
medicine
25
or
surgery
when
in
the
best
clinical
judgment
of
the
physician
26
the
termination
is
performed
to
preserve
the
life
or
health
of
27
the
pregnant
person
or
of
the
fetus
or
to
avert
a
serious
risk
28
to
the
pregnant
person
of
substantial
and
irreversible
physical
29
impairment
of
a
major
bodily
function,
and
every
reasonable
30
medical
effort
not
inconsistent
with
preserving
the
life
of
the
31
pregnant
person
is
made
to
preserve
the
life
of
a
viable
fetus.
32
b.
This
section
shall
not
apply
to
the
termination
of
33
a
human
pregnancy
between
twenty
and
twenty-four
weeks
34
postfertilization
performed
by
a
physician
licensed
in
this
35
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state
to
practice
medicine
or
surgery
or
osteopathic
medicine
1
or
surgery,
when
in
the
best
clinical
judgment
of
the
physician
2
the
human
pregnancy
has
a
fetal
anomaly
incompatible
with
3
life.
For
the
purposes
of
this
paragraph
“b”
,
“fetal
anomaly
4
incompatible
with
life”
means
a
fetal
condition
diagnosed
in
5
utero
that,
if
the
pregnancy
results
in
a
live
birth,
will
with
6
reasonable
certainty
result
in
the
death
of
the
child
or
will
7
result
in
requiring
the
provision
of
life-sustaining
procedures
8
as
defined
in
section
144A.2
to
the
child
after
the
child’s
9
birth
and
for
the
duration
of
the
child’s
life.
10
Sec.
2.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
11
immediate
importance,
takes
effect
upon
enactment.
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