House File 115 - Introduced
HOUSE FILE
BY WINDSCHITL
A BILL FOR
1 An Act relating to the definition of person under the criminal
2 code.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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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 all
1 5 living human beings from the beginning of their biological
1 6 development as human organisms regardless of age, race, sex,
1 7 gender, capacity to function, condition of physical or mental
1 8 dependency or disability, or method of sexual or asexual
1 9 reproduction used, whether existing in vivo or in vitro,
1 10 and each person is accorded the same rights and protections
1 11 guaranteed to all persons by the Constitution of the United
1 12 States, the Constitution of the State of Iowa, and the laws of
1 13 this state.
1 14 2. Notwithstanding any other provision of law to the
1 15 contrary, in the criminal code:
1 16 a. The elements of a crime against a person shall not be
1 17 interpreted to preclude the use of medications or procedures
1 18 necessary to relieve a person's pain or discomfort if the
1 19 use of the medications or procedures is not intentionally or
1 20 knowingly prescribed or administered to cause the death of a
1 21 person.
1 22 b. The following acts do not constitute a crime against a
1 23 person:
1 24 (1) Medical treatment for life=threatening conditions,
1 25 provided to a person by a physician licensed to practice
1 26 medicine, which results in the accidental or unintentional
1 27 injury or death of another person.
1 28 (2) Legitimate medical treatment for life=threatening
1 29 conditions not intended to harm a person but which has the
1 30 foreseeable effect of ending a person's life, including
1 31 legitimate medical treatment to preserve the life of a pregnant
1 32 woman even if the foreseeable effect is harm to the fetus, as
1 33 long as the person providing the medical treatment exercises
1 34 that degree of professional skill, care, and diligence
1 35 available to preserve the life and health of the fetus.
2 1 (3) The creation of a person through in vitro fertilization.
2 2 (4) Contraception administered before a clinically
2 3 diagnosable pregnancy.
2 4 c. A crime against a person who has not yet been born shall
2 5 only be charged against the principal actor of the criminal
2 6 conduct.
2 7 (1) For the purposes of this lettered paragraph "c", a
2 8 person is a principal actor if the person does any of the
2 9 following:
2 10 (a) Commits an offense punishable under the criminal code or
2 11 aids, abets, counsels, commands, or procures its commission.
2 12 (b) Causes an act to be done which, if directly performed by
2 13 the person, would be punishable under the criminal code.
2 14 (2) For the purposes of this lettered paragraph "c", the
2 15 woman who is pregnant with the person who has not yet been born
2 16 shall not be considered a principal actor.
2 17 3. This section shall not be interpreted as a basis for
2 18 inuring to or vesting in a child before the time of live birth
2 19 or in the biological parents of a child before the time of live
2 20 birth a pecuniary interest or citizenship status.
2 21 EXPLANATION
2 22 The inclusion of this explanation does not constitute agreement with
2 23 the explanation's substance by the members of the general assembly.
2 24 This bill defines "person" for the purposes of the criminal
2 25 code to be: all living human beings from the beginning of
2 26 their biological development as human organisms regardless
2 27 of age, race, sex, gender, capacity to function, condition
2 28 of physical or mental dependency or disability, or method of
2 29 sexual or asexual reproduction used, whether existing in vivo
2 30 or in vitro, and each person is accorded the same rights and
2 31 protections guaranteed to all persons by the Constitution of
2 32 the United States, the Constitution of the State of Iowa, and
2 33 the laws of this state.
2 34 The bill provides some exemptions to the interpretation
2 35 and application of crimes against a person based on the
3 1 definition. The bill provides that elements of a crime against
3 2 a person shall not be interpreted to preclude the use of
3 3 medications or procedures necessary to relieve a person's pain
3 4 or discomfort if the use of the medications or procedures is
3 5 not intentionally or knowingly prescribed or administered to
3 6 cause the death of a person. Additionally, the following acts
3 7 do not constitute a crime against a person:
3 8 1. Medical treatment for life=threatening conditions,
3 9 provided to a person by a physician licensed to practice
3 10 medicine, which results in the accidental or unintentional
3 11 injury or death of another person.
3 12 2. Legitimate medical treatment for life=threatening
3 13 conditions not intended to harm a person but which has the
3 14 foreseeable effect of ending a person's life, including
3 15 legitimate medical treatment to preserve the life of a pregnant
3 16 woman even if the foreseeable effect is harm to the fetus, as
3 17 long as the person providing the medical treatment exercises
3 18 that degree of professional skill, care, and diligence
3 19 available to preserve the life and health of the fetus.
3 20 3. The creation of a person through in vitro fertilization.
3 21 4. Contraception administered before a clinically
3 22 diagnosable pregnancy.
3 23 Finally, under the bill, a crime against a person who has not
3 24 yet been born shall only be charged against the principal actor
3 25 of the criminal conduct. The bill defines "principal actor"
3 26 for the purposes of the bill and provides that a woman who is
3 27 pregnant with the person who has not yet been born is not to be
3 28 considered a principal actor.
3 29 The bill also provides that the provisions of the bill are
3 30 not to be interpreted as a basis for inuring to or vesting in
3 31 a child before the time of live birth or in the biological
3 32 parents of a child before the time of live birth a pecuniary
3 33 interest or citizenship status.
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