House Study Bill 621 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT) A BILL FOR An Act relating to the nonconsensual causing of death of, 1 or serious injury to, an unborn person, and providing 2 penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 6024YC (4) 90 pf/ko
H.F. _____ Section 1. Section 707.8, Code 2024, is amended to read as 1 follows: 2 707.8 Nonconsensual termination causing of death of, or 3 serious injury to a human pregnancy , an unborn person . 4 1. A person who terminates a human pregnancy causes the 5 death of an unborn person without the consent of the pregnant 6 person during the commission of a forcible felony is guilty of 7 a class B A felony. 8 2. A person who terminates a human pregnancy causes the 9 death of an unborn person without the consent of the pregnant 10 person during the commission of a felony or felonious assault 11 is guilty of a class C A felony. 12 3. a. A person who intentionally terminates a human 13 pregnancy causes the death of an unborn person without the 14 knowledge and voluntary consent of the pregnant person is 15 guilty of a class C B felony. 16 b. A person who attempts to intentionally terminate a 17 human pregnancy cause the death of an unborn person without 18 the knowledge and voluntary consent of the pregnant person is 19 guilty of a class D C felony. 20 4. A person who unintentionally terminates a human 21 pregnancy causes the death of an unborn person by any of the 22 means provided pursuant to section 707.6A, subsection 1 , is 23 guilty of a class C B felony. 24 5. A person who by force or intimidation procures the 25 consent of the pregnant person to a termination of a human 26 pregnancy cause the death of an unborn person is guilty of a 27 class C felony. 28 6. A person who unintentionally terminates a human 29 pregnancy causes the death of an unborn person while drag 30 racing in violation of section 321.278 is guilty of a class D 31 felony. 32 7. A person who unintentionally terminates a human 33 pregnancy causes the death of an unborn person without the 34 knowledge and voluntary consent of the pregnant person by 35 -1- LSB 6024YC (4) 90 pf/ko 1/ 6
H.F. _____ the commission of an act in a manner likely to cause the 1 termination death of or serious injury to a human pregnancy an 2 unborn person is guilty of an aggravated misdemeanor. 3 8. A person commits an aggravated misdemeanor when the 4 person intentionally causes serious injury to a human pregnancy 5 an unborn person by the commission of an act in a manner likely 6 to cause the termination death of or serious injury to a human 7 pregnancy an unborn person . 8 9. A person commits an aggravated misdemeanor when the 9 person unintentionally causes serious injury to a human 10 pregnancy an unborn person by any of the means described in 11 section 707.6A, subsection 1 . 12 10. A person commits a serious misdemeanor when the person 13 unintentionally causes serious injury to a human pregnancy an 14 unborn person by the commission of an act in a manner likely to 15 cause the termination death of or serious injury to the human 16 pregnancy unborn person . 17 11. For the purposes of this section serious injury to a 18 human pregnancy : 19 a. Serious injury to an unborn person means, relative to 20 the human pregnancy unborn person , disabling mental illness, 21 or bodily injury which creates a substantial risk of death or 22 which causes serious permanent disfigurement, or protracted 23 loss or impairment of the function of any bodily member or 24 organ, and includes but is not limited to skull fractures, rib 25 fractures, and metaphyseal fractures of the long bones. 26 b. Unborn person means an individual organism of the 27 species homo sapiens from fertilization to live birth. 28 12. As used in this section , actions which cause the 29 termination death of or serious injury to a pregnancy an unborn 30 person do not apply to any of the following: 31 a. An act or omission of the pregnant person. 32 b. A termination death of or a serious injury to a pregnancy 33 an unborn person which is caused by the performance of an 34 approved medical procedure performed by a person licensed in 35 -2- LSB 6024YC (4) 90 pf/ko 2/ 6
H.F. _____ this state to practice medicine and surgery or osteopathic 1 medicine and surgery, irrespective of the duration of the 2 pregnancy and with or without the voluntary consent of the 3 pregnant person when circumstances preclude the pregnant person 4 from providing consent. 5 c. An act committed in self-defense or in defense of another 6 person or any other act committed if legally justified or 7 excused. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanations substance by the members of the general assembly. 11 This bill relates to Code section 707.8 (nonconsensual 12 termination serious injury to a human pregnancy). 13 The bill replaces references to human pregnancy throughout 14 the Code section with unborn person, and defines unborn 15 person. 16 Current Code section 707.8(1) provides that a person 17 who terminates a human pregnancy without the consent of the 18 pregnant person during the commission of a forcible felony is 19 guilty of a class B felony. A class B felony is punishable 20 by confinement for no more than 25 years. The bill amends this 21 Code subsection to provide that a person who causes the death 22 of an unborn person without the consent of the pregnant person 23 during the commission of a forcible felony is guilty of a class 24 A felony. A class A felony is punishable by confinement 25 for life without possibility of parole. 26 Current Code section 707.8(2) provides that a person 27 who terminates a human pregnancy without the consent of the 28 pregnant person during the commission of a felony or felonious 29 assault is guilty of a class C felony. A class C felony 30 is punishable by confinement for no more than 10 years and 31 a fine of at least $1,370 but not more than $13,660. The 32 bill amends this Code subsection to provide that a person who 33 causes the death of an unborn person without the consent of the 34 pregnant person during the commission of a felony or felonious 35 -3- LSB 6024YC (4) 90 pf/ko 3/ 6
H.F. _____ assault is guilty of a class A felony. A class A felony 1 is punishable by confinement for life without possibility of 2 parole. 3 Current Code section 707.8(3)(a) provides that a person 4 who intentionally terminates a human pregnancy without the 5 knowledge and voluntary consent of the pregnant person is 6 guilty of a class C felony. The bill amends this Code 7 paragraph to provide that a person who intentionally causes the 8 death of an unborn person without the knowledge and voluntary 9 consent of the pregnant person is guilty of a class B felony. 10 Additionally, under current Code section 707.8(3)(b), a person 11 who attempts to intentionally terminate a human pregnancy 12 without the knowledge and voluntary consent of the pregnant 13 person is guilty of a class D felony. A class D felony 14 is punishable by confinement for no more than five years and 15 a fine of at least $1,025 but not more than $10,245. The 16 bill amends this Code paragraph to provide that a person who 17 attempts to intentionally cause the death of an unborn person 18 without the knowledge and voluntary consent of the pregnant 19 person is guilty of a class C felony. 20 Current Code section 707.8(4) provides that a person who 21 unintentionally terminates a human pregnancy by any of the 22 means provided pursuant to Code section 707.6A(1) (operating 23 a motor vehicle while intoxicated), is guilty of a class C 24 felony. The bill amends this Code subsection to provide that a 25 person who unintentionally causes the death of an unborn person 26 by any of the means provided pursuant to Code section 707.6A(1) 27 is guilty of a class B felony. 28 Current Code section 707.8(5) provides that a person who 29 by force or intimidation procures the consent of the pregnant 30 person to a termination of a human pregnancy is guilty of a 31 class C felony. The bill amends this Code subsection to 32 provide that a person who by force or intimidation procures the 33 consent of the pregnant person to cause the death of an unborn 34 person is guilty of a class C felony. 35 -4- LSB 6024YC (4) 90 pf/ko 4/ 6
H.F. _____ Current Code section 707.8(6) provides that a person who 1 unintentionally terminates a human pregnancy while drag racing 2 is guilty of a class D felony. The bill amends this Code 3 subsection to provide that a person who unintentionally causes 4 the death of an unborn person while drag racing is guilty of a 5 class D felony. 6 Current Code section 707.8(7) provides that a person who 7 unintentionally terminates a human pregnancy without the 8 knowledge and voluntary consent of the pregnant person by 9 the commission of an act in a manner likely to cause the 10 termination of or serious injury to a human pregnancy is guilty 11 of an aggravated misdemeanor. An aggravated misdemeanor is 12 punishable by confinement for no more than two years and a 13 fine of at least $855 but not more than $8,540. The bill 14 amends this Code subsection to provide that a person who 15 unintentionally causes the death of an unborn person without 16 the knowledge and voluntary consent of the pregnant person 17 by the commission of an act in a manner likely to cause the 18 death of or serious injury to an unborn person is guilty of an 19 aggravated misdemeanor. 20 Current Code section 707.8(8) provides that a person 21 commits an aggravated misdemeanor when the person intentionally 22 causes serious injury to a human pregnancy by the commission 23 of an act in a manner likely to cause the termination of or 24 serious injury to a human pregnancy. The bill amends this 25 Code subsection to provide that a person commits an aggravated 26 misdemeanor when the person intentionally causes serious injury 27 to an unborn person by the commission of an act in a manner 28 likely to cause the death of or serious injury to an unborn 29 person. 30 Current Code section 707.8(9) provides that a person commits 31 an aggravated misdemeanor when the person unintentionally 32 causes serious injury to a human pregnancy by any of the means 33 described in Code section 707.6A(1) (operating a motor vehicle 34 while intoxicated). The bill amends this Code subsection to 35 -5- LSB 6024YC (4) 90 pf/ko 5/ 6
H.F. _____ provide that a person commits an aggravated misdemeanor when 1 the person unintentionally causes serious injury to an unborn 2 person by any of the means described in Code section 707.6A(1). 3 Current Code section 707.8(10) provides that a person 4 commits a serious misdemeanor when the person unintentionally 5 causes serious injury to a human pregnancy by the commission 6 of an act in a manner likely to cause the termination of or 7 serious injury to the human pregnancy. A serious misdemeanor 8 is punishable by confinement for no more than one year and 9 a fine of at least $430 but not more than $2,560. The bill 10 amends this Code subsection to provide that a person commits 11 a serious misdemeanor when the person unintentionally causes 12 serious injury to an unborn person by the commission of an act 13 in a manner likely to cause the death of or serious injury to 14 the unborn person. 15 -6- LSB 6024YC (4) 90 pf/ko 6/ 6