Bill Text: IA SF362 | 2015-2016 | 86th General Assembly | Introduced

Iowa Senate Bill 362 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act relating to the definition of person for the purposes of survival of causes of action.

Spectrum: Strong Partisan Bill (Republican 23-1-1)

Status: (Introduced - Dead) 2015-03-03 - Subcommittee, Horn, Bisignano, and Schneider. S.J. 430. [SF362 Detail]

Download: Iowa-2015-SF362-Introduced.html

Senate File 362 - Introduced




                                 SENATE FILE       
                                 BY  SCHNEIDER, GUTH,
                                     SEGEBART, JOHNSON,
                                     GARRETT, SCHULTZ,
                                     BREITBACH, BEHN, DIX,
                                     WHITVER, SINCLAIR,
                                     COSTELLO, CHELGREN,
                                     SHIPLEY, KRAAYENBRINK,
                                     BERTRAND, ANDERSON,
                                     FEENSTRA, CHAPMAN,
                                     SMITH, SENG, KAPUCIAN,
                                     ZAUN, ROZENBOOM, and
                                     ZUMBACH

                                      A BILL FOR

  1 An Act relating to the definition of person for the purposes of
  2    survival of causes of action.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1405XS (2) 86
    pf/nh

PAG LIN



  1  1    Section 1.  Section 611.20, Code 2015, is amended to read as
  1  2 follows:
  1  3    611.20  Actions survive.
  1  4    1.  All causes of action shall survive and may be brought
  1  5 notwithstanding the death of the person entitled or liable to
  1  6 the same.
  1  7    2.  For the purposes of this section, "person" includes an
  1  8 unborn child who has reached viability as defined in section
  1  9 702.20.
  1 10                           EXPLANATION
  1 11 The inclusion of this explanation does not constitute agreement with
  1 12 the explanation's substance by the members of the general assembly.
  1 13    This bill relates to the survival of a civil cause of
  1 14 action and provides that for the purposes of a cause of action
  1 15 surviving, notwithstanding the death of the person entitled
  1 16 or liable, "person" includes an unborn child who has reached
  1 17 viability. "Viability" is defined in Code section 702.20 as
  1 18 that stage of fetal development when the life of the unborn
  1 19 child may be continued indefinitely outside the womb by natural
  1 20 or artificial life support systems. The time when viability is
  1 21 achieved may vary with each pregnancy, and the determination of
  1 22 whether a particular fetus is viable is a matter of responsible
  1 23 medical judgment.
       LSB 1405XS (2) 86
       pf/nh