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 SF 471 (7) 87 pf/nh/jh
S.F. 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 -1- SF 471 (7) 87 pf/nh/jh 1/ 2
S.F. 471 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. 12 -2- SF 471 (7) 87 pf/nh/jh 2/ 2