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Senate Study Bill 1170 - IntroducedA Bill ForAn Act 1relating to the nonconsensual termination of and serious
2injury to a human pregnancy, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 707.8, subsections 1 and 2, Code 2019,
2are amended by striking the subsections and inserting in lieu
3thereof the following:
41. A person who knew or reasonably should have known that a
5person was pregnant is guilty of a class “A” felony under any
6of the following circumstances:
7a. The person intended to cause the death of or serious
8bodily injury to the pregnant person or to terminate or cause
9serious injury to the human pregnancy, and without the pregnant
10person’s consent, terminates the human pregnancy.
11b. The person knew or reasonably should have known that the
12person’s actions would cause the death of or serious bodily
13injury to the pregnant person or would terminate or cause
14serious injury to the human pregnancy, and without the pregnant
15person’s consent, terminates the human pregnancy.
162. A person who knew or reasonably should have known that
17a person was pregnant is guilty of a class “A” felony if
18the person, without specific intent to cause the death of or
19serious bodily injury to the pregnant person or to terminate
20or cause serious injury to the human pregnancy, terminates the
21human pregnancy without the pregnant person’s consent, during
22the commission of a felony.
23 Sec. 2. Section 707.8, subsections 3 and 4, Code 2019, are
24amended to read as follows:
253. A person who intentionally terminates a human pregnancy
26without the knowledge and voluntary consent of the pregnant
27person is guilty of a class “C” “B” felony.
284. A person who unintentionally terminates a human
29pregnancy by any of the means provided pursuant to section
30707.6A, subsection 1, is guilty of a class “C” “B” felony.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to nonconsensual termination of and
35serious injury to a human pregnancy.
-1- 1The bill strikes current provisions relating to the
2termination of a human pregnancy without the consent of the
3pregnant person during the commission of a forcible felony or
4during the commission of a felony or felonious assault. The
5bill instead provides that a person who knew or reasonably
6should have known that a person was pregnant is guilty of a
7class “A” felony if either (1) the person intended to cause the
8death of or serious bodily injury to the pregnant person or to
9terminate or cause serious injury to the human pregnancy, and
10without the pregnant person’s consent, terminates the human
11pregnancy, or (2) the person knew or reasonably should have
12known the person’s actions would cause the death of or serious
13bodily injury to the pregnant person or would terminate or
14cause serious injury to the human pregnancy, and without the
15pregnant person’s consent, terminates the human pregnancy.
16Additionally, the bill provides that a person who knew or
17reasonably should have known that a person was pregnant is
18guilty of a class “A” felony if the person, without specific
19intent to cause the death of or serious bodily injury to the
20pregnant person or to terminate or cause serious injury to the
21human pregnancy, terminates the human pregnancy, without the
22pregnant person’s consent, during the commission of a felony.
23The bill also increases the penalty for a person who
24unintentionally terminates a human pregnancy by any of
25the means provided pursuant to Code section 707.6A(1),
26(unintentionally causing the death of another by operating
27a motor vehicle while intoxicated) and for a person who
28intentionally terminates a human pregnancy without the
29voluntary and informed consent of the pregnant person from a
30class “C” felony to a class “B” felony.
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2injury to a human pregnancy, and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 707.8, subsections 1 and 2, Code 2019,
2are amended by striking the subsections and inserting in lieu
3thereof the following:
41. A person who knew or reasonably should have known that a
5person was pregnant is guilty of a class “A” felony under any
6of the following circumstances:
7a. The person intended to cause the death of or serious
8bodily injury to the pregnant person or to terminate or cause
9serious injury to the human pregnancy, and without the pregnant
10person’s consent, terminates the human pregnancy.
11b. The person knew or reasonably should have known that the
12person’s actions would cause the death of or serious bodily
13injury to the pregnant person or would terminate or cause
14serious injury to the human pregnancy, and without the pregnant
15person’s consent, terminates the human pregnancy.
162. A person who knew or reasonably should have known that
17a person was pregnant is guilty of a class “A” felony if
18the person, without specific intent to cause the death of or
19serious bodily injury to the pregnant person or to terminate
20or cause serious injury to the human pregnancy, terminates the
21human pregnancy without the pregnant person’s consent, during
22the commission of a felony.
23 Sec. 2. Section 707.8, subsections 3 and 4, Code 2019, are
24amended to read as follows:
253. A person who intentionally terminates a human pregnancy
26without the knowledge and voluntary consent of the pregnant
27person is guilty of a class “C” “B” felony.
284. A person who unintentionally terminates a human
29pregnancy by any of the means provided pursuant to section
30707.6A, subsection 1, is guilty of a class “C” “B” felony.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to nonconsensual termination of and
35serious injury to a human pregnancy.
-1- 1The bill strikes current provisions relating to the
2termination of a human pregnancy without the consent of the
3pregnant person during the commission of a forcible felony or
4during the commission of a felony or felonious assault. The
5bill instead provides that a person who knew or reasonably
6should have known that a person was pregnant is guilty of a
7class “A” felony if either (1) the person intended to cause the
8death of or serious bodily injury to the pregnant person or to
9terminate or cause serious injury to the human pregnancy, and
10without the pregnant person’s consent, terminates the human
11pregnancy, or (2) the person knew or reasonably should have
12known the person’s actions would cause the death of or serious
13bodily injury to the pregnant person or would terminate or
14cause serious injury to the human pregnancy, and without the
15pregnant person’s consent, terminates the human pregnancy.
16Additionally, the bill provides that a person who knew or
17reasonably should have known that a person was pregnant is
18guilty of a class “A” felony if the person, without specific
19intent to cause the death of or serious bodily injury to the
20pregnant person or to terminate or cause serious injury to the
21human pregnancy, terminates the human pregnancy, without the
22pregnant person’s consent, during the commission of a felony.
23The bill also increases the penalty for a person who
24unintentionally terminates a human pregnancy by any of
25the means provided pursuant to Code section 707.6A(1),
26(unintentionally causing the death of another by operating
27a motor vehicle while intoxicated) and for a person who
28intentionally terminates a human pregnancy without the
29voluntary and informed consent of the pregnant person from a
30class “C” felony to a class “B” felony.
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