Bill Text: IA HSB621 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the nonconsensual causing of death of, or serious injury to, an unborn person, and providing penalties.(See HF 2575.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-02-19 - Committee report approving bill, renumbered as HF 2575. [HSB621 Detail]
Download: Iowa-2023-HSB621-Introduced.html
House
Study
Bill
621
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
relating
to
the
nonconsensual
causing
of
death
of,
1
or
serious
injury
to,
an
unborn
person,
and
providing
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
707.8,
Code
2024,
is
amended
to
read
as
1
follows:
2
707.8
Nonconsensual
termination
——
causing
of
death
of,
or
3
serious
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.
A
person
who
intentionally
terminates
a
human
13
pregnancy
causes
the
death
of
an
unborn
person
without
the
14
knowledge
and
voluntary
consent
of
the
pregnant
person
is
15
guilty
of
a
class
“C”
“B”
felony.
16
b.
A
person
who
attempts
to
intentionally
terminate
a
17
human
pregnancy
cause
the
death
of
an
unborn
person
without
18
the
knowledge
and
voluntary
consent
of
the
pregnant
person
is
19
guilty
of
a
class
“D”
“C”
felony.
20
4.
A
person
who
unintentionally
terminates
a
human
21
pregnancy
causes
the
death
of
an
unborn
person
by
any
of
the
22
means
provided
pursuant
to
section
707.6A,
subsection
1
,
is
23
guilty
of
a
class
“C”
“B”
felony.
24
5.
A
person
who
by
force
or
intimidation
procures
the
25
consent
of
the
pregnant
person
to
a
termination
of
a
human
26
pregnancy
cause
the
death
of
an
unborn
person
is
guilty
of
a
27
class
“C”
felony.
28
6.
A
person
who
unintentionally
terminates
a
human
29
pregnancy
causes
the
death
of
an
unborn
person
while
drag
30
racing
in
violation
of
section
321.278
is
guilty
of
a
class
“D”
31
felony.
32
7.
A
person
who
unintentionally
terminates
a
human
33
pregnancy
causes
the
death
of
an
unborn
person
without
the
34
knowledge
and
voluntary
consent
of
the
pregnant
person
by
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the
commission
of
an
act
in
a
manner
likely
to
cause
the
1
termination
death
of
or
serious
injury
to
a
human
pregnancy
an
2
unborn
person
is
guilty
of
an
aggravated
misdemeanor.
3
8.
A
person
commits
an
aggravated
misdemeanor
when
the
4
person
intentionally
causes
serious
injury
to
a
human
pregnancy
5
an
unborn
person
by
the
commission
of
an
act
in
a
manner
likely
6
to
cause
the
termination
death
of
or
serious
injury
to
a
human
7
pregnancy
an
unborn
person
.
8
9.
A
person
commits
an
aggravated
misdemeanor
when
the
9
person
unintentionally
causes
serious
injury
to
a
human
10
pregnancy
an
unborn
person
by
any
of
the
means
described
in
11
section
707.6A,
subsection
1
.
12
10.
A
person
commits
a
serious
misdemeanor
when
the
person
13
unintentionally
causes
serious
injury
to
a
human
pregnancy
an
14
unborn
person
by
the
commission
of
an
act
in
a
manner
likely
to
15
cause
the
termination
death
of
or
serious
injury
to
the
human
16
pregnancy
unborn
person
.
17
11.
For
the
purposes
of
this
section
“serious
injury
to
a
18
human
pregnancy”
:
19
a.
“Serious
injury
to
an
unborn
person”
means,
relative
to
20
the
human
pregnancy
unborn
person
,
disabling
mental
illness,
21
or
bodily
injury
which
creates
a
substantial
risk
of
death
or
22
which
causes
serious
permanent
disfigurement,
or
protracted
23
loss
or
impairment
of
the
function
of
any
bodily
member
or
24
organ,
and
includes
but
is
not
limited
to
skull
fractures,
rib
25
fractures,
and
metaphyseal
fractures
of
the
long
bones.
26
b.
“Unborn
person”
means
an
individual
organism
of
the
27
species
homo
sapiens
from
fertilization
to
live
birth.
28
12.
As
used
in
this
section
,
actions
which
cause
the
29
termination
death
of
or
serious
injury
to
a
pregnancy
an
unborn
30
person
do
not
apply
to
any
of
the
following:
31
a.
An
act
or
omission
of
the
pregnant
person.
32
b.
A
termination
death
of
or
a
serious
injury
to
a
pregnancy
33
an
unborn
person
which
is
caused
by
the
performance
of
an
34
approved
medical
procedure
performed
by
a
person
licensed
in
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this
state
to
practice
medicine
and
surgery
or
osteopathic
1
medicine
and
surgery,
irrespective
of
the
duration
of
the
2
pregnancy
and
with
or
without
the
voluntary
consent
of
the
3
pregnant
person
when
circumstances
preclude
the
pregnant
person
4
from
providing
consent.
5
c.
An
act
committed
in
self-defense
or
in
defense
of
another
6
person
or
any
other
act
committed
if
legally
justified
or
7
excused.
8
EXPLANATION
9
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
10
the
explanation’s
substance
by
the
members
of
the
general
assembly.
11
This
bill
relates
to
Code
section
707.8
(nonconsensual
12
termination
——
serious
injury
to
a
human
pregnancy).
13
The
bill
replaces
references
to
“human
pregnancy”
throughout
14
the
Code
section
with
“unborn
person”,
and
defines
“unborn
15
person”.
16
Current
Code
section
707.8(1)
provides
that
a
person
17
who
terminates
a
human
pregnancy
without
the
consent
of
the
18
pregnant
person
during
the
commission
of
a
forcible
felony
is
19
guilty
of
a
class
“B”
felony.
A
class
“B”
felony
is
punishable
20
by
confinement
for
no
more
than
25
years.
The
bill
amends
this
21
Code
subsection
to
provide
that
a
person
who
causes
the
death
22
of
an
unborn
person
without
the
consent
of
the
pregnant
person
23
during
the
commission
of
a
forcible
felony
is
guilty
of
a
class
24
“A”
felony.
A
class
“A”
felony
is
punishable
by
confinement
25
for
life
without
possibility
of
parole.
26
Current
Code
section
707.8(2)
provides
that
a
person
27
who
terminates
a
human
pregnancy
without
the
consent
of
the
28
pregnant
person
during
the
commission
of
a
felony
or
felonious
29
assault
is
guilty
of
a
class
“C”
felony.
A
class
“C”
felony
30
is
punishable
by
confinement
for
no
more
than
10
years
and
31
a
fine
of
at
least
$1,370
but
not
more
than
$13,660.
The
32
bill
amends
this
Code
subsection
to
provide
that
a
person
who
33
causes
the
death
of
an
unborn
person
without
the
consent
of
the
34
pregnant
person
during
the
commission
of
a
felony
or
felonious
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assault
is
guilty
of
a
class
“A”
felony.
A
class
“A”
felony
1
is
punishable
by
confinement
for
life
without
possibility
of
2
parole.
3
Current
Code
section
707.8(3)(a)
provides
that
a
person
4
who
intentionally
terminates
a
human
pregnancy
without
the
5
knowledge
and
voluntary
consent
of
the
pregnant
person
is
6
guilty
of
a
class
“C”
felony.
The
bill
amends
this
Code
7
paragraph
to
provide
that
a
person
who
intentionally
causes
the
8
death
of
an
unborn
person
without
the
knowledge
and
voluntary
9
consent
of
the
pregnant
person
is
guilty
of
a
class
“B”
felony.
10
Additionally,
under
current
Code
section
707.8(3)(b),
a
person
11
who
attempts
to
intentionally
terminate
a
human
pregnancy
12
without
the
knowledge
and
voluntary
consent
of
the
pregnant
13
person
is
guilty
of
a
class
“D”
felony.
A
class
“D”
felony
14
is
punishable
by
confinement
for
no
more
than
five
years
and
15
a
fine
of
at
least
$1,025
but
not
more
than
$10,245.
The
16
bill
amends
this
Code
paragraph
to
provide
that
a
person
who
17
attempts
to
intentionally
cause
the
death
of
an
unborn
person
18
without
the
knowledge
and
voluntary
consent
of
the
pregnant
19
person
is
guilty
of
a
class
“C”
felony.
20
Current
Code
section
707.8(4)
provides
that
a
person
who
21
unintentionally
terminates
a
human
pregnancy
by
any
of
the
22
means
provided
pursuant
to
Code
section
707.6A(1)
(operating
23
a
motor
vehicle
while
intoxicated),
is
guilty
of
a
class
“C”
24
felony.
The
bill
amends
this
Code
subsection
to
provide
that
a
25
person
who
unintentionally
causes
the
death
of
an
unborn
person
26
by
any
of
the
means
provided
pursuant
to
Code
section
707.6A(1)
27
is
guilty
of
a
class
“B”
felony.
28
Current
Code
section
707.8(5)
provides
that
a
person
who
29
by
force
or
intimidation
procures
the
consent
of
the
pregnant
30
person
to
a
termination
of
a
human
pregnancy
is
guilty
of
a
31
class
“C”
felony.
The
bill
amends
this
Code
subsection
to
32
provide
that
a
person
who
by
force
or
intimidation
procures
the
33
consent
of
the
pregnant
person
to
cause
the
death
of
an
unborn
34
person
is
guilty
of
a
class
“C”
felony.
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Current
Code
section
707.8(6)
provides
that
a
person
who
1
unintentionally
terminates
a
human
pregnancy
while
drag
racing
2
is
guilty
of
a
class
“D”
felony.
The
bill
amends
this
Code
3
subsection
to
provide
that
a
person
who
unintentionally
causes
4
the
death
of
an
unborn
person
while
drag
racing
is
guilty
of
a
5
class
“D”
felony.
6
Current
Code
section
707.8(7)
provides
that
a
person
who
7
unintentionally
terminates
a
human
pregnancy
without
the
8
knowledge
and
voluntary
consent
of
the
pregnant
person
by
9
the
commission
of
an
act
in
a
manner
likely
to
cause
the
10
termination
of
or
serious
injury
to
a
human
pregnancy
is
guilty
11
of
an
aggravated
misdemeanor.
An
aggravated
misdemeanor
is
12
punishable
by
confinement
for
no
more
than
two
years
and
a
13
fine
of
at
least
$855
but
not
more
than
$8,540.
The
bill
14
amends
this
Code
subsection
to
provide
that
a
person
who
15
unintentionally
causes
the
death
of
an
unborn
person
without
16
the
knowledge
and
voluntary
consent
of
the
pregnant
person
17
by
the
commission
of
an
act
in
a
manner
likely
to
cause
the
18
death
of
or
serious
injury
to
an
unborn
person
is
guilty
of
an
19
aggravated
misdemeanor.
20
Current
Code
section
707.8(8)
provides
that
a
person
21
commits
an
aggravated
misdemeanor
when
the
person
intentionally
22
causes
serious
injury
to
a
human
pregnancy
by
the
commission
23
of
an
act
in
a
manner
likely
to
cause
the
termination
of
or
24
serious
injury
to
a
human
pregnancy.
The
bill
amends
this
25
Code
subsection
to
provide
that
a
person
commits
an
aggravated
26
misdemeanor
when
the
person
intentionally
causes
serious
injury
27
to
an
unborn
person
by
the
commission
of
an
act
in
a
manner
28
likely
to
cause
the
death
of
or
serious
injury
to
an
unborn
29
person.
30
Current
Code
section
707.8(9)
provides
that
a
person
commits
31
an
aggravated
misdemeanor
when
the
person
unintentionally
32
causes
serious
injury
to
a
human
pregnancy
by
any
of
the
means
33
described
in
Code
section
707.6A(1)
(operating
a
motor
vehicle
34
while
intoxicated).
The
bill
amends
this
Code
subsection
to
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provide
that
a
person
commits
an
aggravated
misdemeanor
when
1
the
person
unintentionally
causes
serious
injury
to
an
unborn
2
person
by
any
of
the
means
described
in
Code
section
707.6A(1).
3
Current
Code
section
707.8(10)
provides
that
a
person
4
commits
a
serious
misdemeanor
when
the
person
unintentionally
5
causes
serious
injury
to
a
human
pregnancy
by
the
commission
6
of
an
act
in
a
manner
likely
to
cause
the
termination
of
or
7
serious
injury
to
the
human
pregnancy.
A
serious
misdemeanor
8
is
punishable
by
confinement
for
no
more
than
one
year
and
9
a
fine
of
at
least
$430
but
not
more
than
$2,560.
The
bill
10
amends
this
Code
subsection
to
provide
that
a
person
commits
11
a
serious
misdemeanor
when
the
person
unintentionally
causes
12
serious
injury
to
an
unborn
person
by
the
commission
of
an
act
13
in
a
manner
likely
to
cause
the
death
of
or
serious
injury
to
14
the
unborn
person.
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