Bill Text: IA SF417 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to the definition of person from the moment of conception until natural death under the criminal code.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-03-16 - Subcommittee, Horn, Garrett, and Petersen. S.J. 596. [SF417 Detail]
Download: Iowa-2015-SF417-Introduced.html
Senate File 417 - Introduced SENATE FILE BY BERTRAND A BILL FOR 1 An Act relating to the definition of person from the moment of 2 conception until natural death under the criminal code. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2102XS (3) 86 pf/nh PAG LIN 1 1 Section 1. NEW SECTION. 702.24 Person and application to 1 2 crimes against a person. 1 3 1. Whenever the word "person" appears in the criminal 1 4 code relating to crimes against a person, "person" means 1 5 an individual living human being without regard to age of 1 6 development from the moment of conception, when a zygote is 1 7 formed, until natural death. Each such person is accorded the 1 8 same rights and protections guaranteed to all persons by the 1 9 Constitution of the United States, the Constitution of the 1 10 State of Iowa, and the laws of this state. 1 11 2. Notwithstanding any other provision of law to the 1 12 contrary, in the criminal code: 1 13 a. The elements of a crime against a person shall not be 1 14 interpreted to preclude the use of medications or procedures 1 15 necessary to relieve a person's pain or discomfort if the 1 16 use of the medications or procedures is not intentionally or 1 17 knowingly prescribed or administered to cause the death of a 1 18 person. 1 19 b. The following acts do not constitute a crime against a 1 20 person: 1 21 (1) Medical treatment for life=threatening conditions, 1 22 provided to a person by a physician licensed to practice 1 23 medicine, which results in the accidental or unintentional 1 24 injury or death of another person. 1 25 (2) Legitimate medical treatment for life=threatening 1 26 conditions not intended to harm a person but which has the 1 27 foreseeable effect of ending a person's life, including 1 28 legitimate medical treatment to preserve the life of a pregnant 1 29 woman even if the foreseeable effect is harm to the fetus, as 1 30 long as the person providing the medical treatment exercises 1 31 that degree of professional skill, care, and diligence 1 32 available to preserve the life and health of the fetus. 1 33 (3) The creation of a person through in vitro fertilization. 1 34 (4) Contraception administered before a clinically 1 35 diagnosable pregnancy. 2 1 c. A crime against a person who has not yet been born shall 2 2 only be charged against the principal actor of the criminal 2 3 conduct. For the purposes of this lettered paragraph "c", 2 4 a person is a principal actor if the person does any of the 2 5 following: 2 6 (1) Commits an offense punishable under the criminal code or 2 7 aids, abets, counsels, commands, or procures its commission. 2 8 (2) Causes an act to be done which, if directly performed by 2 9 the person, would be punishable under the criminal code. 2 10 3. This section shall not be interpreted as a basis for 2 11 inuring to or vesting in a child before the time of live birth 2 12 or in the biological parents of a child before the time of live 2 13 birth a pecuniary interest or citizenship status. 2 14 EXPLANATION 2 15 The inclusion of this explanation does not constitute agreement with 2 16 the explanation's substance by the members of the general assembly. 2 17 This bill defines "person" for the purposes of the criminal 2 18 code to be an individual living human being without regard to 2 19 age of development from the moment of conception, when a zygote 2 20 is formed, until natural death. Each such person is accorded 2 21 the same rights and protections guaranteed to all persons by 2 22 the Constitution of the United States, the Constitution of the 2 23 State of Iowa, and the laws of this state. 2 24 The bill provides some exemptions to the interpretation 2 25 and application of crimes against a person based on the 2 26 definition. The bill provides that elements of a crime against 2 27 a person shall not be interpreted to preclude the use of 2 28 medications or procedures necessary to relieve a person's pain 2 29 or discomfort if the use of the medications or procedures is 2 30 not intentionally or knowingly prescribed or administered to 2 31 cause the death of a person. Additionally, the following acts 2 32 do not constitute a crime against a person: 2 33 1. Medical treatment for life=threatening conditions, 2 34 provided to a person by a physician licensed to practice 2 35 medicine, which results in the accidental or unintentional 3 1 injury or death of another person. 3 2 2. Legitimate medical treatment for life=threatening 3 3 conditions not intended to harm a person but which has the 3 4 foreseeable effect of ending a person's life, including 3 5 legitimate medical treatment to preserve the life of a pregnant 3 6 woman even if the foreseeable effect is harm to the fetus, as 3 7 long as the person providing the medical treatment exercises 3 8 that degree of professional skill, care, and diligence 3 9 available to preserve the life and health of the fetus. 3 10 3. The creation of a person through in vitro fertilization. 3 11 4. Contraception administered before a clinically 3 12 diagnosable pregnancy. 3 13 Finally, under the bill, a crime against a person who has not 3 14 yet been born shall only be charged against the principal actor 3 15 of the criminal conduct. The bill defines "principal actor" 3 16 for the purposes of the bill. The bill also provides that the 3 17 provisions of the bill are not to be interpreted as a basis for 3 18 inuring to or vesting in a child before the time of live birth 3 19 or in the biological parents of a child before the time of live 3 20 birth a pecuniary interest or citizenship status. LSB 2102XS (3) 86 pf/nh
