Bill Text: IA SF259 | 2019-2020 | 88th 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-21 - Subcommittee recommends passage. [SF259 Detail]
Download: Iowa-2019-SF259-Introduced.html
Senate
File
259
-
Introduced
SENATE
FILE
259
BY
FEENSTRA
A
BILL
FOR
An
Act
relating
to
the
definition
of
person
from
the
moment
of
1
conception
until
natural
death
under
the
criminal
code.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
NEW
SECTION
.
702.26
Person
and
application
to
1
crimes
against
a
person.
2
1.
Whenever
the
word
“person”
appears
in
the
criminal
3
code
relating
to
crimes
against
a
person,
“person”
means
4
an
individual
living
human
being
without
regard
to
age
of
5
development
from
the
moment
of
conception,
when
a
zygote
is
6
formed,
until
natural
death.
Each
such
person
is
accorded
the
7
same
rights
and
protections
guaranteed
to
all
persons
by
the
8
Constitution
of
the
United
States,
the
Constitution
of
the
9
State
of
Iowa,
and
the
laws
of
this
state.
10
2.
Notwithstanding
any
other
provision
of
law
to
the
11
contrary,
in
the
criminal
code:
12
a.
The
elements
of
a
crime
against
a
person
shall
not
be
13
interpreted
to
preclude
the
use
of
medications
or
procedures
14
necessary
to
relieve
a
person’s
pain
or
discomfort
if
the
15
use
of
the
medications
or
procedures
is
not
intentionally
or
16
knowingly
prescribed
or
administered
to
cause
the
death
of
a
17
person.
18
b.
The
following
acts
do
not
constitute
a
crime
against
a
19
person:
20
(1)
Medical
treatment
for
life-threatening
conditions,
21
provided
to
a
person
by
a
physician
licensed
to
practice
22
medicine,
which
results
in
the
accidental
or
unintentional
23
injury
or
death
of
another
person.
24
(2)
Legitimate
medical
treatment
for
life-threatening
25
conditions
not
intended
to
harm
a
person
but
which
has
the
26
foreseeable
effect
of
ending
a
person’s
life,
including
27
legitimate
medical
treatment
to
preserve
the
life
of
a
pregnant
28
woman
even
if
the
foreseeable
effect
is
harm
to
the
fetus,
as
29
long
as
the
person
providing
the
medical
treatment
exercises
30
that
degree
of
professional
skill,
care,
and
diligence
31
available
to
preserve
the
life
and
health
of
the
fetus.
32
(3)
The
creation
of
a
person
through
in
vitro
fertilization.
33
(4)
Contraception
administered
before
a
clinically
34
diagnosable
pregnancy.
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c.
A
crime
against
a
person
who
has
not
yet
been
born
shall
1
only
be
charged
against
the
principal
actor
of
the
criminal
2
conduct.
For
the
purposes
of
this
lettered
paragraph
“c”
,
3
a
person
is
a
principal
actor
if
the
person
does
any
of
the
4
following:
5
(1)
Commits
an
offense
punishable
under
the
criminal
code
or
6
aids,
abets,
counsels,
commands,
or
procures
its
commission.
7
(2)
Causes
an
act
to
be
done
which,
if
directly
performed
by
8
the
person,
would
be
punishable
under
the
criminal
code.
9
3.
This
section
shall
not
be
interpreted
as
a
basis
for
10
inuring
to
or
vesting
in
a
child
before
the
time
of
live
birth
11
or
in
the
biological
parents
of
a
child
before
the
time
of
live
12
birth
a
pecuniary
interest
or
citizenship
status.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
defines
“person”
for
the
purposes
of
the
criminal
17
code
to
be
an
individual
living
human
being
without
regard
to
18
age
of
development
from
the
moment
of
conception,
when
a
zygote
19
is
formed,
until
natural
death.
Each
such
person
is
accorded
20
the
same
rights
and
protections
guaranteed
to
all
persons
by
21
the
Constitution
of
the
United
States,
the
Constitution
of
the
22
State
of
Iowa,
and
the
laws
of
this
state.
23
The
bill
provides
some
exemptions
to
the
interpretation
24
and
application
of
crimes
against
a
person
based
on
the
25
definition.
The
bill
provides
that
elements
of
a
crime
against
26
a
person
shall
not
be
interpreted
to
preclude
the
use
of
27
medications
or
procedures
necessary
to
relieve
a
person’s
pain
28
or
discomfort
if
the
use
of
the
medications
or
procedures
is
29
not
intentionally
or
knowingly
prescribed
or
administered
to
30
cause
the
death
of
a
person.
Additionally,
the
following
acts
31
do
not
constitute
a
crime
against
a
person:
32
1.
Medical
treatment
for
life-threatening
conditions,
33
provided
to
a
person
by
a
physician
licensed
to
practice
34
medicine,
which
results
in
the
accidental
or
unintentional
35
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259
injury
or
death
of
another
person.
1
2.
Legitimate
medical
treatment
for
life-threatening
2
conditions
not
intended
to
harm
a
person
but
which
has
the
3
foreseeable
effect
of
ending
a
person’s
life,
including
4
legitimate
medical
treatment
to
preserve
the
life
of
a
pregnant
5
woman
even
if
the
foreseeable
effect
is
harm
to
the
fetus,
as
6
long
as
the
person
providing
the
medical
treatment
exercises
7
that
degree
of
professional
skill,
care,
and
diligence
8
available
to
preserve
the
life
and
health
of
the
fetus.
9
3.
The
creation
of
a
person
through
in
vitro
fertilization.
10
4.
Contraception
administered
before
a
clinically
11
diagnosable
pregnancy.
12
Finally,
under
the
bill,
a
crime
against
a
person
who
has
not
13
yet
been
born
shall
only
be
charged
against
the
principal
actor
14
of
the
criminal
conduct.
The
bill
defines
“principal
actor”
15
for
the
purposes
of
the
bill.
The
bill
also
provides
that
the
16
provisions
of
the
bill
are
not
to
be
interpreted
as
a
basis
for
17
inuring
to
or
vesting
in
a
child
before
the
time
of
live
birth
18
or
in
the
biological
parents
of
a
child
before
the
time
of
live
19
birth
a
pecuniary
interest
or
citizenship
status.
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