Senate
File
523
-
Reprinted
SENATE
FILE
523
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1170)
(As
Amended
and
Passed
by
the
Senate
March
26,
2019
)
A
BILL
FOR
An
Act
relating
to
the
nonconsensual
cause
of
death
of
and
1
serious
injury
to
an
unborn
person,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
707.8,
Code
2019,
is
amended
to
read
as
1
follows:
2
707.8
Nonconsensual
termination
cause
of
death
——
serious
3
injury
to
a
human
pregnancy
an
unborn
person
.
4
1.
A
person
who
terminates
a
human
pregnancy
causes
the
5
death
of
an
unborn
person
without
the
consent
of
the
pregnant
6
person
during
the
commission
of
a
forcible
felony
is
guilty
of
7
a
class
“B”
“A”
felony.
8
2.
A
person
who
terminates
a
human
pregnancy
causes
the
9
death
of
an
unborn
person
without
the
consent
of
the
pregnant
10
person
during
the
commission
of
a
felony
or
felonious
assault
11
is
guilty
of
a
class
“C”
“A”
felony.
12
3.
A
person
who
intentionally
terminates
a
human
pregnancy
13
causes
the
death
of
an
unborn
person
without
the
knowledge
and
14
voluntary
consent
of
the
pregnant
person
is
guilty
of
a
class
15
“C”
“B”
felony.
16
4.
A
person
who
unintentionally
terminates
a
human
17
pregnancy
causes
the
death
of
an
unborn
person
by
any
of
the
18
means
provided
pursuant
to
section
707.6A,
subsection
1
,
is
19
guilty
of
a
class
“C”
“B”
felony.
20
5.
A
person
who
by
force
or
intimidation
procures
the
21
consent
of
the
pregnant
person
to
a
termination
of
a
human
22
pregnancy
causes
the
death
of
an
unborn
person
is
guilty
of
a
23
class
“C”
felony.
24
6.
A
person
who
unintentionally
terminates
a
human
25
pregnancy
causes
the
death
of
an
unborn
person
while
drag
26
racing
in
violation
of
section
321.278
is
guilty
of
a
class
“D”
27
felony.
28
7.
A
person
who
unintentionally
terminates
a
human
29
pregnancy
causes
the
death
of
an
unborn
person
without
the
30
knowledge
and
voluntary
consent
of
the
pregnant
person
by
31
the
commission
of
an
act
in
a
manner
likely
to
cause
the
32
termination
death
of
or
serious
injury
to
a
human
pregnancy
an
33
unborn
person
is
guilty
of
an
aggravated
misdemeanor.
34
8.
A
person
commits
an
aggravated
misdemeanor
when
the
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person
intentionally
causes
serious
injury
to
a
human
pregnancy
1
an
unborn
person
by
the
commission
of
an
act
in
a
manner
likely
2
to
cause
the
termination
death
of
or
serious
injury
to
a
human
3
pregnancy
an
unborn
person
.
4
9.
A
person
commits
an
aggravated
misdemeanor
when
the
5
person
unintentionally
causes
serious
injury
to
a
human
6
pregnancy
an
unborn
person
by
any
of
the
means
described
in
7
section
707.6A,
subsection
1
.
8
10.
A
person
commits
a
serious
misdemeanor
when
the
person
9
unintentionally
causes
serious
injury
to
a
human
pregnancy
an
10
unborn
person
by
the
commission
of
an
act
in
a
manner
likely
to
11
cause
the
termination
death
of
or
serious
injury
to
the
human
12
pregnancy
unborn
person
.
13
11.
For
the
purposes
of
this
section
“serious
injury
to
a
14
human
pregnancy”
an
unborn
person”
means,
relative
to
the
human
15
pregnancy
unborn
person
,
disabling
mental
illness,
or
bodily
16
injury
which
creates
a
substantial
risk
of
death
or
which
17
causes
serious
permanent
disfigurement,
or
protracted
loss
or
18
impairment
of
the
function
of
any
bodily
member
or
organ,
and
19
includes
but
is
not
limited
to
skull
fractures,
rib
fractures,
20
and
metaphyseal
fractures
of
the
long
bones.
21
12.
As
used
in
this
section
,
actions
which
cause
the
22
termination
death
of
or
serious
injury
to
a
pregnancy
an
unborn
23
person
do
not
apply
to
any
of
the
following:
24
a.
An
act
or
omission
of
the
pregnant
person.
25
b.
A
termination
death
of
or
a
serious
injury
to
a
pregnancy
26
an
unborn
person
which
is
caused
by
the
performance
of
an
27
approved
medical
procedure
performed
by
a
person
licensed
in
28
this
state
to
practice
medicine
and
surgery
or
osteopathic
29
medicine
and
surgery,
irrespective
of
the
duration
of
the
30
pregnancy
and
with
or
without
the
voluntary
consent
of
the
31
pregnant
person
when
circumstances
preclude
the
pregnant
person
32
from
providing
consent.
33
c.
An
act
committed
in
self-defense
or
in
defense
of
another
34
person
or
any
other
act
committed
if
legally
justified
or
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excused.
1
13.
As
used
in
this
section,
“unborn
person”
means
2
an
individual
organism
of
the
species
homo
sapiens
from
3
fertilization
to
live
birth.
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