Bill Text: IA HF138 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to the definition of person in the context of the victim of the crime of murder, and providing penalties.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2014-03-26 - Speaker ruled motion out of order. H.J. 592. [HF138 Detail]
Download: Iowa-2013-HF138-Introduced.html
House
File
138
-
Introduced
HOUSE
FILE
138
BY
SHAW
,
HEARTSILL
,
ALONS
,
SCHULTZ
,
BACON
,
SHEETS
,
KOESTER
,
FRY
,
and
SALMON
A
BILL
FOR
An
Act
relating
to
the
definition
of
person
in
the
context
of
1
the
victim
of
the
crime
of
murder,
and
providing
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
135.1,
unnumbered
paragraph
1,
Code
1
2013,
is
amended
to
read
as
follows:
2
For
the
purposes
of
chapter
155
and
Title
IV,
subtitle
2
,
3
excluding
chapter
146
,
unless
otherwise
defined:
4
Sec.
2.
Section
135.11,
subsections
10
and
12,
Code
2013,
5
are
amended
to
read
as
follows:
6
10.
Enforce
the
law
relative
to
chapter
146
and
7
“Health-related
Professions”,
Title
IV,
subtitle
3
,
excluding
8
chapter
155
.
9
12.
Establish,
publish,
and
enforce
rules
not
inconsistent
10
with
law
for
the
enforcement
of
the
provisions
of
chapters
125
11
and
155
,
and
Title
IV,
subtitle
2
,
excluding
chapter
146
and
12
for
the
enforcement
of
the
various
laws,
the
administration
and
13
supervision
of
which
are
imposed
upon
the
department.
14
Sec.
3.
Section
144.29A,
subsections
1
and
2,
Code
2013,
are
15
amended
to
read
as
follows:
16
1.
A
health
care
provider
who
initially
identifies
and
17
diagnoses
a
spontaneous
termination
of
pregnancy
or
who
induces
18
a
termination
of
pregnancy
shall
file
with
the
department
19
a
report
for
each
termination
within
thirty
days
of
the
20
occurrence.
The
health
care
provider
shall
make
a
good
faith
21
effort
to
obtain
all
of
the
following
information
that
is
22
available
with
respect
to
each
termination:
23
a.
The
confidential
health
care
provider
code
as
assigned
24
by
the
department.
25
b.
The
report
tracking
number.
26
c.
The
maternal
health
services
region
of
the
Iowa
27
department
of
public
health,
as
designated
as
of
July
1,
1997,
28
in
which
the
patient
resides.
29
d.
The
race
of
the
patient.
30
e.
The
age
of
the
patient.
31
f.
The
marital
status
of
the
patient.
32
g.
The
educational
level
of
the
patient.
33
h.
The
number
of
previous
pregnancies,
live
births,
and
34
spontaneous
or
induced
terminations
of
pregnancies.
35
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i.
The
month
and
year
in
which
the
termination
occurred.
1
j.
The
number
of
weeks
since
the
patient’s
last
menstrual
2
period
and
a
clinical
estimate
of
gestation.
3
k.
The
method
used
for
an
induced
termination,
including
4
whether
mifepristone
was
used.
5
2.
It
is
the
intent
of
the
general
assembly
that
the
6
information
shall
be
collected,
reproduced,
released,
and
7
disclosed
in
a
manner
specified
by
rule
of
the
department,
8
adopted
pursuant
to
chapter
17A
,
which
ensures
the
anonymity
9
of
the
patient
who
experiences
a
termination
of
pregnancy,
10
the
health
care
provider
who
identifies
and
diagnoses
or
11
induces
a
termination
of
pregnancy,
and
the
hospital,
clinic,
12
or
other
health
facility
in
which
a
termination
of
pregnancy
13
is
identified
and
diagnosed
or
induced
.
The
department
may
14
share
information
with
federal
public
health
officials
for
15
the
purposes
of
securing
federal
funding
or
conducting
public
16
health
research.
However,
in
sharing
the
information,
the
17
department
shall
not
relinquish
control
of
the
information,
18
and
any
agreement
entered
into
by
the
department
with
federal
19
public
health
officials
to
share
information
shall
prohibit
the
20
use,
reproduction,
release,
or
disclosure
of
the
information
21
by
federal
public
health
officials
in
a
manner
which
violates
22
this
section
.
The
department
shall
publish,
annually,
a
23
demographic
summary
of
the
information
obtained
pursuant
to
24
this
section
,
except
that
the
department
shall
not
reproduce,
25
release,
or
disclose
any
information
obtained
pursuant
to
this
26
section
which
reveals
the
identity
of
any
patient,
health
care
27
provider,
hospital,
clinic,
or
other
health
facility,
and
shall
28
ensure
anonymity
in
the
following
ways:
29
a.
The
department
may
use
information
concerning
the
report
30
tracking
number
or
concerning
the
identity
of
a
reporting
31
health
care
provider,
hospital,
clinic,
or
other
health
32
facility
only
for
purposes
of
information
collection.
The
33
department
shall
not
reproduce,
release,
or
disclose
this
34
information
for
any
purpose
other
than
for
use
in
annually
35
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publishing
the
demographic
summary
under
this
section
.
1
b.
The
department
shall
enter
the
information,
from
2
any
report
of
termination
submitted,
within
thirty
days
of
3
receipt
of
the
report,
and
shall
immediately
destroy
the
4
report
following
entry
of
the
information.
However,
entry
of
5
the
information
from
a
report
shall
not
include
any
health
6
care
provider,
hospital,
clinic,
or
other
health
facility
7
identification
information
including,
but
not
limited
to,
the
8
confidential
health
care
provider
code,
as
assigned
by
the
9
department.
10
c.
To
protect
confidentiality,
the
department
shall
limit
11
release
of
information
to
release
in
an
aggregate
form
which
12
prevents
identification
of
any
individual
patient,
health
care
13
provider,
hospital,
clinic,
or
other
health
facility.
For
the
14
purposes
of
this
paragraph,
“aggregate
form”
means
a
compilation
15
of
the
information
received
by
the
department
on
termination
16
of
pregnancies
for
each
information
item
listed,
with
the
17
exceptions
of
the
report
tracking
number,
the
health
care
18
provider
code,
and
any
set
of
information
for
which
the
amount
19
is
so
small
that
the
confidentiality
of
any
person
to
whom
the
20
information
relates
may
be
compromised.
The
department
shall
21
establish
a
methodology
to
provide
a
statistically
verifiable
22
basis
for
any
determination
of
the
correct
amount
at
which
23
information
may
be
released
so
that
the
confidentiality
of
any
24
person
is
not
compromised.
25
Sec.
4.
Section
144.29A,
subsection
8,
Code
2013,
is
amended
26
by
striking
the
subsection.
27
Sec.
5.
Section
216.6,
subsection
2,
paragraph
c,
Code
2013,
28
is
amended
by
striking
the
paragraph.
29
Sec.
6.
Section
216.13,
Code
2013,
is
amended
to
read
as
30
follows:
31
216.13
Exceptions
for
retirement
plans,
abortion
coverage,
32
life,
disability,
and
health
benefits.
33
The
provisions
of
this
chapter
relating
to
discrimination
34
because
of
age
do
not
apply
to
a
retirement
plan
or
benefit
35
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system
of
an
employer
unless
the
plan
or
system
is
a
mere
1
subterfuge
adopted
for
the
purpose
of
evading
this
chapter
.
2
1.
However,
a
retirement
plan
or
benefit
system
shall
not
3
require
the
involuntary
retirement
of
a
person
under
the
age
of
4
seventy
because
of
that
person’s
age.
This
paragraph
does
not
5
prohibit
the
following:
6
a.
The
involuntary
retirement
of
a
person
who
has
attained
7
the
age
of
sixty-five
and
has
for
the
two
prior
years
been
8
employed
in
a
bona
fide
executive
or
high
policymaking
position
9
and
who
is
entitled
to
an
immediate,
nonforfeitable
annual
10
retirement
benefit
from
a
pension,
profit-sharing,
savings,
11
or
deferred
compensation
plan
of
the
employer
which
equals
12
twenty-seven
thousand
dollars.
This
retirement
benefit
test
13
may
be
adjusted
according
to
the
regulations
prescribed
by
14
the
United
States
secretary
of
labor
pursuant
to
Pub.
L.
No.
15
95-256,
section
3.
16
b.
The
involuntary
retirement
of
a
person
covered
by
a
17
collective
bargaining
agreement
which
was
entered
into
by
a
18
labor
organization
and
was
in
effect
on
September
1,
1977.
19
This
exemption
does
not
apply
after
the
termination
of
that
20
agreement
or
January
1,
1980,
whichever
first
occurs.
21
2.
A
health
insurance
program
provided
by
an
employer
may
22
exclude
coverage
of
abortion,
except
where
the
life
of
the
23
mother
would
be
endangered
if
the
fetus
were
carried
to
term
or
24
where
medical
complications
have
arisen
from
an
abortion.
25
3.
2.
An
employee
welfare
plan
may
provide
life,
disability
26
or
health
insurance
benefits
which
vary
by
age
based
on
27
actuarial
differences
if
the
employer
contributes
equally
for
28
all
the
participating
employees
or
may
provide
for
employer
29
contributions
differing
by
age
if
the
benefits
for
all
the
30
participating
employees
do
not
vary
by
age.
31
Sec.
7.
Section
602.8102,
subsection
31,
Code
2013,
is
32
amended
by
striking
the
subsection.
33
Sec.
8.
Section
707.1,
Code
2013,
is
amended
to
read
as
34
follows:
35
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707.1
Murder
defined.
1
1.
A
person
who
kills
another
person
with
malice
2
aforethought
either
express
or
implied
commits
murder.
3
2.
“Person”
,
when
referring
to
the
victim
of
a
murder,
4
means
an
individual
human
being,
without
regard
to
age
of
5
development,
from
the
moment
of
conception,
when
a
zygote
is
6
formed,
until
natural
death.
7
3.
Murder
includes
killing
another
person
through
any
8
means
that
terminates
the
life
of
the
other
person
including
9
but
not
limited
to
the
use
of
abortion-inducing
drugs.
For
10
the
purposes
of
this
section,
“abortion-inducing
drug”
means
a
11
medicine,
drug,
or
any
other
substance
prescribed
or
dispensed
12
with
the
intent
of
terminating
the
clinically
diagnosable
13
pregnancy
of
a
woman,
with
knowledge
that
the
drug
will
14
with
reasonable
likelihood
cause
the
termination
of
the
15
pregnancy.
“Abortion-inducing
drug”
includes
the
off-label
16
use
of
drugs
known
to
have
abortion-inducing
properties,
17
which
are
prescribed
specifically
with
the
intent
of
causing
18
an
abortion,
but
does
not
include
drugs
that
may
be
known
to
19
cause
an
abortion,
but
which
are
prescribed
for
other
medical
20
indications.
21
4.
Murder
does
not
include
a
fetal
death
as
defined
in
22
section
144.1
or
the
spontaneous
termination
of
pregnancy
as
23
defined
in
section
144.29A.
24
Sec.
9.
REPEAL.
Sections
232.5,
702.20,
707.7,
707.8,
25
707.8A,
707.9,
and
707.10,
Code
2013,
are
repealed.
26
Sec.
10.
REPEAL.
Chapters
135L
and
146,
Code
2013,
are
27
repealed.
28
Sec.
11.
SEVERABILITY.
If
any
provision
of
this
Act
or
29
the
application
of
this
Act
to
any
person
or
circumstances
is
30
held
invalid,
the
invalidity
shall
not
affect
other
provisions
31
or
applications
of
the
Act
which
can
be
given
effect
without
32
the
invalid
provisions
or
application
and,
to
this
end,
the
33
provisions
of
this
Act
are
severable.
34
Sec.
12.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
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of
immediate
importance,
takes
effect
upon
enactment.
1
EXPLANATION
2
This
bill
defines
“person”
in
the
context
of
the
victim
of
3
the
crime
of
murder
to
be
an
individual
human
being
without
4
regard
to
age
of
development,
from
the
moment
of
conception,
5
when
the
zygote
is
formed,
until
natural
death.
6
The
bill
provides
that
murder
includes
killing
another
7
person
through
any
means
that
terminates
the
life
of
8
the
other
person
including
but
not
limited
to
the
use
of
9
abortion-inducing
drugs,
and
defines
“abortion-inducing
drug”.
10
The
bill
also
provides
that
murder
does
not
include
a
fetal
11
death
as
defined
in
Code
section
144.1
or
the
spontaneous
12
termination
of
pregnancy
as
defined
in
Code
section
144.29A.
13
The
bill
makes
conforming
changes
throughout
the
Code
to
14
eliminate
any
reference
to
allowing
abortions
or
terminations
15
of
pregnancy
in
keeping
with
the
definition
of
“murder”
under
16
the
bill.
17
The
bill
amends
the
termination
of
pregnancy
reporting
18
section
(Code
section
144.29A)
to
only
include
the
reporting
of
19
spontaneous
terminations
of
pregnancy.
20
The
bill
amends
a
Code
section
relating
to
unfair
employment
21
practices
(Code
section
216.6)
to
eliminate
references
to
22
disabilities
caused
or
contributed
to
by
legal
abortion.
23
The
bill
amends
a
Code
section
relating
to
discrimination
24
relating
to
health
insurance
abortion
coverage
(Code
section
25
216.13)
to
eliminate
the
reference
to
abortion
coverage.
26
The
bill
strikes
and
repeals
Code
provisions
that
relate
27
to
allowing
abortions
under
certain
circumstances.
The
bill
28
repeals
Code
section
232.5
(abortion
performed
on
a
minor
——
29
waiver
of
notification
proceedings),
Code
section
702.20
(the
30
definition
of
“viability”),
Code
section
707.7
(feticide),
31
Code
section
707.8
(nonconsensual
termination
——
serious
32
injury
to
a
human
pregnancy),
Code
section
707.8A
(partial
33
birth
abortion),
Code
section
707.9
(murder
of
a
fetus
aborted
34
alive),
Code
section
707.10
(duty
to
preserve
the
life
of
the
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138
fetus),
Code
chapter
135L
(notification
requirements
regarding
1
pregnant
minors),
and
Code
chapter
146
(abortions
——
refusal
2
to
perform).
The
bill
also
makes
conforming
changes
to
strike
3
references
to
Code
provisions
stricken
or
repealed
in
the
bill.
4
The
bill
provides
for
severability
of
any
provision
5
or
application
of
the
bill
that
is
held
invalid
from
the
6
provisions
or
applications
of
the
bill
which
can
be
given
7
effect
without
the
invalid
provisions
or
application.
The
bill
8
takes
effect
upon
enactment.
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