Bill Text: IA SF52 | 2017-2018 | 87th General Assembly | Introduced

Iowa Senate Bill 52 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act prohibiting certain actions regarding fetal body parts and providing penalties. (See SF 359.)

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-02-07 - Subcommittee recommends passage. [SF52 Detail]

Download: Iowa-2017-SF52-Introduced.html

Senate File 52 - Introduced




                                 SENATE FILE       
                                 BY  ZAUN

                                      A BILL FOR

  1 An Act prohibiting certain actions regarding fetal body parts
  2    and providing penalties.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1547XS (1) 87
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PAG LIN



  1  1    Section 1.  NEW SECTION.  146B.1  Fetal body parts ==== actions
  1  2 prohibited ==== penalties.
  1  3    1.  A person shall not knowingly acquire, provide, receive,
  1  4 otherwise transfer, or use a fetal body part in this state,
  1  5 regardless of whether the acquisition, provision, receipt,
  1  6 transfer, or use is for valuable consideration.
  1  7    2.  Subsection 1 shall not apply to any of the following:
  1  8    a.  Diagnostic or remedial tests, procedures, or observations
  1  9 which have the sole purpose of determining the life or health
  1 10 of the fetus in order to provide that information to the
  1 11 pregnant woman or to preserve the life or health of the fetus
  1 12 or pregnant woman.
  1 13    b.  The actions of a person taken in the furtherance of the
  1 14 final disposition of a fetal body part.
  1 15    3.  A person who violates this section is guilty of a class
  1 16 "C" felony.
  1 17    4.  For the purposes of this section:
  1 18    a.  "Abortion" means as defined in section 146.1.
  1 19    b.  "Fetal body part" means a cell, tissue, organ, or other
  1 20 part of a fetus that is terminated by an abortion.
  1 21    c.  "Final disposition" means the disposition of fetal
  1 22 body parts by burial, interment, entombment, cremation, or
  1 23 incineration.
  1 24    d.  "Valuable consideration" means any payment including but
  1 25 not limited to payment associated with the transportation,
  1 26 processing, preservation, quality control, or storage of fetal
  1 27 body parts.
  1 28                           EXPLANATION
  1 29 The inclusion of this explanation does not constitute agreement with
  1 30 the explanation's substance by the members of the general assembly.
  1 31    This bill prohibits a person from knowingly acquiring,
  1 32 providing, receiving, otherwise transferring, or using a fetal
  1 33 body part in this state, regardless of whether the acquisition,
  1 34 provision, receipt, transfer, or use is for valuable
  1 35 consideration. However, the prohibition does not apply to
  2  1 diagnostic or remedial tests, procedures, or observations
  2  2 which have the sole purpose of determining the life or health
  2  3 of the fetus in order to provide that information to the
  2  4 pregnant woman or to preserve the life or health of the fetus
  2  5 or pregnant woman or to the actions of a person taken in the
  2  6 furtherance of the final disposition of a fetal body part.
  2  7    A person who violates the bill is guilty of a class "C"
  2  8 felony.  A class "C" felony is punishable by confinement for no
  2  9 more than 10 years and a fine of at least $1,000 but not more
  2 10 than $10,000.
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