Bill Text: IA SF2194 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act relating to the prohibition of terminations of pregnancy and abortions, providing penalties, and including effective date provisions.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-02-16 - Subcommittee, Hatch, Boettger, and Bolkcom. S.J. 273. [SF2194 Detail]
Download: Iowa-2011-SF2194-Introduced.html
Senate
File
2194
-
Introduced
SENATE
FILE
2194
BY
SORENSON
A
BILL
FOR
An
Act
relating
to
the
prohibition
of
terminations
of
pregnancy
1
and
abortions,
providing
penalties,
and
including
effective
2
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
135.1,
unnumbered
paragraph
1,
Code
1
2011,
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
5
Supplement
2011,
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
2011,
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
2011,
is
amended
26
by
striking
the
subsection.
27
Sec.
5.
Section
216.6,
subsection
2,
paragraph
c,
Code
2011,
28
is
amended
by
striking
the
paragraph.
29
Sec.
6.
Section
216.13,
Code
2011,
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
2011,
is
32
amended
by
striking
the
subsection.
33
Sec.
8.
Section
707.7,
Code
2011,
is
amended
to
read
as
34
follows:
35
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707.7
Feticide.
1
1.
Any
person
who
intentionally
terminates
a
human
2
pregnancy,
with
the
knowledge
and
voluntary
consent
of
the
3
pregnant
person,
after
the
end
of
the
second
trimester
of
the
4
pregnancy
where
death
of
the
fetus
results
,
commits
feticide.
5
Feticide
is
a
class
“C”
“A”
felony.
6
2.
Any
person
who
attempts
to
intentionally
terminate
a
7
human
pregnancy,
with
the
knowledge
and
voluntary
consent
of
8
the
pregnant
person,
after
the
end
of
the
second
trimester
of
9
the
pregnancy
where
death
of
the
fetus
does
not
result
,
commits
10
attempted
feticide.
Attempted
feticide
is
a
class
“D”
“B”
11
felony.
12
3.
Any
person
who
terminates
a
human
pregnancy,
with
the
13
knowledge
and
voluntary
consent
of
the
pregnant
person,
who
14
is
not
a
person
licensed
to
practice
medicine
and
surgery
15
or
osteopathic
medicine
and
surgery
under
the
provisions
of
16
chapter
148
,
commits
a
class
“C”
felony.
For
the
purposes
of
17
this
section,
“termination
of
a
human
pregnancy”
means
the
use
18
of
any
means
to
terminate
the
pregnancy
of
a
woman
known
to
be
19
pregnant
with
the
intent
other
than
to
produce
a
live
birth
20
or
to
remove
a
dead
fetus.
“Termination
of
a
human
pregnancy
”
21
does
not
include
a
fetal
death
as
defined
in
section
144.1
or
22
the
spontaneous
termination
of
pregnancy
as
defined
in
section
23
144.29A.
24
4.
This
section
shall
not
apply
to
the
termination
of
a
25
human
pregnancy
performed
by
a
physician
licensed
in
this
state
26
to
practice
medicine
or
surgery
or
osteopathic
medicine
or
27
surgery
when
in
the
best
clinical
judgment
of
the
physician
28
the
termination
is
performed
to
preserve
the
life
or
health
29
of
the
pregnant
person
or
of
the
fetus
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
Section
703.1
relating
to
aiding
and
abetting
and
section
703.2
33
relating
to
joint
criminal
conduct
shall
apply
to
persons
34
knowingly
participating
or
concerned
in
the
commission
of
35
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feticide
or
attempted
feticide
under
this
section.
1
Sec.
9.
Section
707.8,
Code
2011,
is
amended
to
read
as
2
follows:
3
707.8
Nonconsensual
termination
——
serious
injury
to
a
human
4
pregnancy.
5
1.
A
person
who
terminates
a
human
pregnancy
without
the
6
consent
of
the
pregnant
person
during
the
commission
of
a
7
forcible
felony
is
guilty
of
a
class
“B”
“A”
felony.
8
2.
A
person
who
terminates
a
human
pregnancy
without
9
the
consent
of
the
pregnant
person
during
the
commission
of
10
a
felony
or
felonious
assault
is
guilty
of
a
class
“C”
“B”
11
felony.
12
3.
A
person
who
intentionally
terminates
a
human
pregnancy
13
without
the
knowledge
and
voluntary
consent
of
the
pregnant
14
person
is
guilty
of
a
class
“C”
“A”
felony.
15
4.
A
person
who
unintentionally
terminates
a
human
16
pregnancy
by
any
of
the
means
provided
pursuant
to
section
17
707.6A,
subsection
1
,
is
guilty
of
a
class
“C”
“B”
felony.
18
5.
A
person
who
by
force
or
intimidation
procures
the
19
consent
of
the
pregnant
person
to
a
termination
of
a
human
20
pregnancy
is
guilty
of
a
class
“C”
“B”
felony.
21
6.
A
person
who
unintentionally
terminates
a
human
22
pregnancy
while
drag
racing
in
violation
of
section
321.278
is
23
guilty
of
a
class
“D”
“C”
felony.
24
7.
A
person
who
unintentionally
terminates
a
human
25
pregnancy
without
the
knowledge
and
voluntary
consent
of
the
26
pregnant
person
by
the
commission
of
an
act
in
a
manner
likely
27
to
cause
the
termination
of
or
serious
injury
to
a
human
28
pregnancy
is
guilty
of
an
aggravated
misdemeanor
a
class
“D”
29
felony
.
30
8.
A
person
commits
an
aggravated
misdemeanor
a
class
“D”
31
felony
when
the
person
intentionally
causes
serious
injury
32
to
a
human
pregnancy
by
the
commission
of
an
act
in
a
manner
33
likely
to
cause
the
termination
of
or
serious
injury
to
a
human
34
pregnancy.
35
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9.
A
person
commits
an
aggravated
misdemeanor
a
class
“D”
1
felony
when
the
person
unintentionally
causes
serious
injury
2
to
a
human
pregnancy
by
any
of
the
means
described
in
section
3
707.6A,
subsection
1
.
4
10.
A
person
commits
a
serious
an
aggravated
misdemeanor
5
when
the
person
unintentionally
causes
serious
injury
to
a
6
human
pregnancy
by
the
commission
of
an
act
in
a
manner
likely
7
to
cause
the
termination
of
or
serious
injury
to
the
human
8
pregnancy.
9
11.
For
the
purposes
of
this
section
“serious
injury
to
10
a
human
pregnancy”
means,
relative
to
the
human
pregnancy,
11
disabling
mental
illness,
or
bodily
injury
which
creates
a
12
substantial
risk
of
death
or
which
causes
serious
permanent
13
disfigurement,
or
protracted
loss
or
impairment
of
the
function
14
of
any
bodily
member
or
organ,
and
includes
but
is
not
limited
15
to
skull
fractures,
rib
fractures,
and
metaphyseal
fractures
16
of
the
long
bones.
17
12.
As
used
in
this
section
,
actions
which
cause
the
18
termination
of
or
serious
injury
to
a
pregnancy
do
not
apply
19
to
any
of
the
following:
20
a.
An
unintentional
act
or
omission
of
the
pregnant
person.
21
b.
A
termination
of
or
a
serious
injury
to
a
pregnancy
22
which
is
caused
by
the
performance
of
an
approved
medical
23
procedure
performed
by
a
person
licensed
in
this
state
to
24
practice
medicine
and
surgery
or
osteopathic
medicine
and
25
surgery,
irrespective
of
the
duration
of
the
pregnancy
and
26
with
or
without
the
voluntary
consent
of
the
pregnant
person
27
when
circumstances
preclude
the
pregnant
person
from
providing
28
consent.
29
c.
An
act
committed
in
self-defense
or
in
defense
of
another
30
person
or
any
other
act
committed
if
legally
justified
or
31
excused.
32
Sec.
10.
REPEALS.
33
1.
Sections
232.5,
707.8A,
707.9,
and
707.10,
Code
2011,
34
are
repealed.
35
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2.
Chapters
135L
and
146,
Code
2011,
are
repealed.
1
Sec.
11.
SEVERABILITY.
If
any
provision
of
this
Act
or
2
the
application
of
this
Act
to
any
person
or
circumstances
is
3
held
invalid,
the
invalidity
shall
not
affect
other
provisions
4
or
applications
of
the
Act
which
can
be
given
effect
without
5
the
invalid
provisions
or
application
and,
to
this
end,
the
6
provisions
of
this
Act
are
severable.
7
Sec.
12.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
8
of
immediate
importance,
takes
effect
upon
enactment.
9
EXPLANATION
10
This
bill
relates
to
prohibiting
abortions.
11
The
bill
makes
conforming
changes
throughout
the
Code
to
12
eliminate
any
reference
to
allowing
abortions
or
terminations
13
of
pregnancy.
The
bill
amends
the
termination
of
pregnancy
14
reporting
section
(Code
section
144.29A)
to
only
include
the
15
reporting
of
spontaneous
terminations
of
pregnancy.
16
The
bill
amends
a
Code
section
relating
to
unfair
employment
17
practices
(Code
section
216.6)
to
eliminate
references
to
18
disabilities
caused
or
contributed
to
by
legal
abortion.
19
The
bill
amends
a
Code
section
relating
to
discrimination
20
relating
to
health
insurance
abortion
coverage
(Code
section
21
216.13)
to
eliminate
the
reference
to
abortion
coverage.
22
The
bill
amends
Code
section
707.7
(feticide)
to
provide
23
for
application
of
the
elements
of
the
crime
of
feticide
24
at
any
point
in
the
pregnancy
rather
than
only
after
the
25
end
of
the
second
trimester.
The
bill
also
increases
the
26
penalty
from
a
class
“C”
felony
to
a
class
“A”
felony
for
the
27
intentional
termination
of
a
human
pregnancy
with
the
knowledge
28
and
voluntary
consent
of
the
pregnant
person
when
the
death
29
of
the
fetus
results.
(A
class
“C”
felony
is
punishable
by
30
confinement
for
no
more
than
10
years
and
a
fine
of
at
least
31
$1,000
but
not
more
than
$10,000;
and
a
class
“A”
felony
is
32
punishable
by
confinement
for
life
without
possibility
of
33
parole).
The
bill
also
increases
the
penalty
from
a
class
“D”
34
felony
to
a
class
“B”
felony
for
the
intentional
termination
of
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a
human
pregnancy
with
the
knowledge
and
voluntary
consent
of
1
the
pregnant
person
when
death
of
the
fetus
does
not
result.
2
(A
class
“D”
felony
is
punishable
by
confinement
for
no
more
3
than
five
years
and
a
fine
of
at
least
$750
but
not
more
than
4
$7,500;
and
a
class
“B”
felony
is
punishable
by
confinement
5
for
no
more
than
25
years.)
The
bill
also
provides
that
the
6
offenses
of
aiding
and
abetting
and
joint
criminal
conduct
7
apply
to
commission
of
a
feticide.
8
The
bill
amends
Code
section
707.8
(nonconsensual
9
termination
——
serious
injury
to
a
human
pregnancy)
to
increase
10
the
penalties
for
each
offense.
The
amendment
to
the
Code
11
section
also
exempts
an
act
or
omission
by
the
pregnant
person
12
only
if
the
act
or
omission
was
unintentional.
13
The
bill
strikes
and
repeals
Code
provisions
that
relate
14
to
allowing
abortions
under
certain
circumstances.
The
bill
15
repeals
Code
section
232.5
(abortion
performed
on
a
minor
16
——
waiver
of
notification
proceedings),
Code
section
707.8A
17
(partial
birth
abortion),
Code
section
707.9
(murder
of
a
fetus
18
aborted
alive),
Code
section
707.10
(duty
to
preserve
the
life
19
of
the
fetus),
Code
chapter
135L
(notification
requirements
20
regarding
pregnant
minors),
and
Code
chapter
146
(abortions
——
21
refusal
to
perform).
The
bill
also
makes
conforming
changes
22
to
strike
references
to
Code
provisions
stricken
or
repealed
23
in
the
bill.
24
The
bill
provides
for
severability
of
any
provision
25
or
application
of
the
bill
that
is
held
invalid
from
the
26
provisions
or
applications
of
the
bill
which
can
be
given
27
effect
without
the
invalid
provisions
or
application.
The
bill
28
takes
effect
upon
enactment.
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