Bill Text: IA SF44 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act prohibiting gender-selection abortions, and providing penalties.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2015-01-21 - Subcommittee, Bolkcom, Dotzler, and Johnson. S.J. 129. [SF44 Detail]

Download: Iowa-2015-SF44-Introduced.html

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Senate File 44 - Introduced




                                 SENATE FILE       
                                 BY  ANDERSON

                                      A BILL FOR

  1 An Act prohibiting gender=selection abortions, and providing
  2    penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1704XS (2) 86
    pf/nh

PAG LIN



  1  1    Section 1.  NEW SECTION.  146A.1  Gender=selection abortions
  1  2 ==== prohibited ==== criminal penalties ==== certification ==== civil and
  1  3 injunctive relief.
  1  4    1.  A person who knowingly does any of the following commits
  1  5 a class "C" felony:
  1  6    a.  Performs an abortion which is sought based upon the
  1  7 gender of the fetus.
  1  8    b.  Uses force or the threat of force for the purpose of
  1  9 coercing a woman into an abortion based on gender of the fetus.
  1 10    c.  Solicits or accepts money to perform an abortion based
  1 11 upon the gender of the fetus.
  1 12    2.  A criminal penalty shall not be imposed under this
  1 13 section on a woman upon whom an abortion is performed.
  1 14    3.  A physician shall not perform an abortion on a woman
  1 15 unless the physician first certifies in writing that the
  1 16 physician is not performing the abortion based on the gender
  1 17 of the fetus and has no knowledge that the woman seeking the
  1 18 abortion is seeking the abortion based upon the gender of the
  1 19 fetus. A copy of the written certification shall be maintained
  1 20 in the woman's medical record.
  1 21    4.  A woman upon whom a gender=selection abortion is
  1 22 performed in violation of this section, or the spouse of
  1 23 the  woman at the time that the gender=selection abortion is
  1 24 performed on the woman in violation of this section, may
  1 25 maintain a civil action against the physician who performed
  1 26 the abortion in violation of this section for actual damages.
  1 27 If the plaintiff prevails in an action brought under this
  1 28 subsection, the plaintiff shall be entitled to an award for
  1 29 reasonable attorney fees. If the defendant prevails in an
  1 30 action brought under this section and the court finds that the
  1 31 plaintiff's suit was frivolous and brought in bad faith, the
  1 32 defendant shall be entitled to an award for reasonable attorney
  1 33 fees.
  1 34    5.  A cause of action for injunctive relief to prevent
  1 35 a physician from performing abortions may be maintained by
  2  1 the county attorney with appropriate jurisdiction or by the
  2  2 attorney general against a physician who has violated this
  2  3 section.
  2  4                           EXPLANATION
  2  5 The inclusion of this explanation does not constitute agreement with
  2  6 the explanation's substance by the members of the general assembly.
  2  7    This bill relates to abortions performed based on gender
  2  8 selection.
  2  9    The bill provides that a physician commits a class "C"
  2 10 felony if the physician performs an abortion which is sought
  2 11 based upon the gender of the fetus, uses force or the threat
  2 12 of force for the purpose of coercing a woman into an abortion
  2 13 based on the gender of the fetus, or solicits or accepts money
  2 14 to perform an abortion based upon the gender of the fetus. The
  2 15 bill provides, however, that a criminal penalty shall not be
  2 16 imposed on a woman upon whom an abortion is performed.
  2 17    The bill also requires that prior to performing an abortion,
  2 18 a physician shall first certify in writing that the physician
  2 19 is not performing the abortion based on the gender of the fetus
  2 20 and has no knowledge that the woman seeking the abortion is
  2 21 seeking the abortion based upon the gender of the fetus. A
  2 22 copy of the written certification is required to be maintained
  2 23 in the woman's medical record.
  2 24    The bill provides that a woman upon whom a gender=selection
  2 25 abortion is performed in violation of the bill, or the spouse
  2 26 of the  woman, may maintain a civil action against the physician
  2 27 who performed the abortion in violation of the bill for actual
  2 28 damages, and provides for awarding of reasonable attorney fees.
  2 29    The bill also provides that the county attorney with
  2 30 jurisdiction, or the attorney general, may maintain a cause
  2 31 of action for injunctive relief to prevent a physician from
  2 32 performing abortions if the physician has violated a provision
  2 33 of the bill.
       LSB 1704XS (2) 86
       pf/nh