Iowa 2017-2018 Regular Session Status: Enacted

SF 359 — A bill for an act prohibiting and requiring certain actions relating to a fetus and providing penalties. (Formerly SF 52.) Effective 7-1-18.

Last action — Signed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 27, 2017. Enacted.

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Where this bill stands today.

Odds of enactment

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Bill Text

What changed in the latest version

171 added · 85 removed

171 line(s) added, 85 removed.

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Senate File 359 - Introduced SENATE FILE 359 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SF 52) A BILL FOR An Act prohibiting certain actions regarding fetal body parts and providing penalties.
Senate File 359 - Enrolled Senate File 359 AN ACT PROHIBITING AND REQUIRING CERTAIN ACTIONS RELATING TO A FETUS AND PROVIDING PENALTIES.
TLSB 1547SV (2) 87 pf/nh S.F.
DIVISION I FETAL BODY PARTS Section 1.
359 Section 1.
146B.1 Fetal body parts —— actions prohibited —— penalties.
146D.1 Fetal body parts —— actions prohibited —— penalties.
The actions of a person taken in the furtherance of the final disposition of a fetal body part.
The actions of a person taken in furtherance of the final disposition of a fetal body part.
A fetal body part if the fetal body results from a spontaneous termination of pregnancy or stillbirth and is willingly donated for the purpose of medical research.
A fetal body part if the fetal body part results from a spontaneous termination of pregnancy or stillbirth and is willingly donated for the purpose of medical research.
3.
Senate File 359, p.
2 3.
“Fetal body part” does not include either of the following:
“Fetal body part” does not include any of the following:
(2) A cell, tissue, organ, or other part of a fetus that is terminated by an abortion that occurred prior to January 1, 2017.
(2) A cell, tissue, organ, or other part of a fetus that is terminated by an abortion that occurred prior to July 1, 2018.
(3) All cells and tissues external to the fetal body proper.
LSB 1547SV (2) 87 -1- pf/nh 1/2 S.F.
d.
359 d.
EXPLANATION The inclusion of this explanation does not constitute agreement with the explanation’s substance by the members of the general assembly.
DIVISION II ABORTION PREREQUISITES AND PROHIBITIONS —— FETAL HEARTBEAT Sec.
This bill prohibits a person from knowingly acquiring, providing, receiving, otherwise transferring, or using a fetal body part in this state, regardless of whether the acquisition, provision, receipt, transfer, or use is for valuable consideration.
2.
However, the prohibition does not apply to any of the following:
Section 146A.1, subsections 2 and 6, Code 2018, are amended to read as follows:
diagnostic or remedial tests, procedures, or observations which have the sole purpose of determining the life or health of the fetus in order to provide that information to the pregnant woman or to preserve the life or health of the fetus or pregnant woman;
2.
the actions of a person taken in the furtherance of the final disposition of a fetal body part;
Compliance with the prerequisites of this section shall not apply to any of the following:
the pathological study of body tissue, including genetic testing, for diagnostic or forensic purposes;
a.
or a fetal body part if the fetal body part results from a spontaneous termination of pregnancy or stillbirth and is willingly donated for the purpose of medical research.
An abortion performed to save the life of a pregnant woman.
The bill defines “fetal body part” and excludes from the definition cultured cells or cell lines derived from a spontaneous termination of pregnancy or stillbirth and willingly donated for the purposes of medical research;
b.
and a cell, tissue, organ, or other part of a fetus that is terminated by an abortion that occurred prior to January 1, 2017.
An an abortion performed in a medical emergency.
A person who violates the bill is guilty of a class “C” felony.
c.
A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000.
The performance of a medical procedure by a physician that in the physician’s reasonable medical judgment is designed to or intended to prevent the death or to preserve the life of the pregnant woman.
LSB 1547SV (2) 87 -2- pf/nh 2/2
6.
As used in this section, “unborn child”:
a.
“Medical emergency” means a situation in which an abortion is performed to preserve the life of the pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy, but Senate File 359, p.
3 not including psychological conditions, emotional conditions, familial conditions, or the woman’s age;
or when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function of the pregnant woman.
b.
“Unborn child” means an individual organism of the species homo sapiens from fertilization to live birth.
Sec.
3.
NEW SECTION.
146C.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1.
“Abortion” means the termination of a human pregnancy with the intent other than to produce a live birth or to remove a dead fetus.
2.
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“Fetal heartbeat” means cardiac activity, the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac.
3.
“Medical emergency” means the same as defined in section 146A.1.
4.
“Medically necessary” means any of the following:
a.
The pregnancy is the result of a rape which is reported within forty-five days of the incident to a law enforcement agency or to a public or private health agency which may include a family physician.
b.
The pregnancy is the result of incest which is reported within one hundred forty days of the incident to a law enforcement agency or to a public or private health agency which may include a family physician.
c.
Any spontaneous abortion, commonly known as a miscarriage, if not all of the products of conception are expelled.
d.
The attending physician certifies that the fetus has a fetal abnormality that in the physician’s reasonable medical judgment is incompatible with life.
5.
“Physician” means a person licensed under chapter 148.
6.
“Reasonable medical judgment” means a medical judgment made by a reasonably prudent physician who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
7.
“Unborn child” means the same as defined in section Senate File 359, p.
4 146A.1.
Sec.
4.
NEW SECTION.
146C.2 Abortion prohibited —— detectable fetal heartbeat.
1.
Except in the case of a medical emergency or when the abortion is medically necessary, a physician shall not perform an abortion unless the physician has first complied with the prerequisites of chapter 146A and has tested the pregnant woman as specified in this subsection, to determine if a fetal heartbeat is detectable.
a.
In testing for a detectable fetal heartbeat, the physician shall perform an abdominal ultrasound, necessary to detect a fetal heartbeat according to standard medical practice and including the use of medical devices, as determined by standard medical practice and specified by rule of the board of medicine.
b.
Following the testing of the pregnant woman for a detectable fetal heartbeat, the physician shall inform the pregnant woman, in writing, of all of the following:
(1) Whether a fetal heartbeat was detected.
(2) That if a fetal heartbeat was detected, an abortion is prohibited.
c.
Upon receipt of the written information, the pregnant woman shall sign a form acknowledging that the pregnant woman has received the information as required under this subsection.
2.
a.
A physician shall not perform an abortion upon a pregnant woman when it has been determined that the unborn child has a detectable fetal heartbeat, unless, in the physician’s reasonable medical judgment, a medical emergency exists, or when the abortion is medically necessary.
b.
Notwithstanding paragraph “a”, if a physician determines that the probable postfertilization age, as defined in section 146B.1, of the unborn child is twenty or more weeks, the physician shall not perform an abortion upon a pregnant woman when it has been determined that the unborn child has a detectable fetal heartbeat, unless in the physician’s reasonable medical judgment the pregnant woman has a condition which the physician deems a medical emergency, as defined in section 146B.1, or the abortion is necessary to preserve the life of an unborn child.
Senate File 359, p.
5 3.
A physician shall retain in the woman’s medical record all of the following:
a.
Documentation of the testing for a fetal heartbeat as specified in subsection 1 and the results of the fetal heartbeat test.
b.
The pregnant woman’s signed form acknowledging that the pregnant woman received the information as required under subsection 1.
4.
This section shall not be construed to impose civil or criminal liability on a woman upon whom an abortion is performed in violation of this section.
5.
The board of medicine shall adopt rules pursuant to chapter 17A to administer this section.
______________________________ ______________________________ CHARLES SCHNEIDER LINDA UPMEYER President of the Senate Speaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 359, Eighty-seventh General Assembly.
______________________________ W.
CHARLES SMITHSON Secretary of the Senate Approved _______________, 2018 ______________________________ KIM REYNOLDS Governor
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Amendments

9 amendments

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Action History

  1. Signed by Governor.

  2. Reported correctly enrolled, signed by President and Speaker, and sent to Governor.

  3. Message from Senate.

  4. Immediate message.

  5. Passed Senate, ayes 29, nays 17.

  6. Senate concurred with S-5288.

  7. Message from House, with amendment S-5288.

  8. Immediate message.

  9. Objection to title, objection withdrawn.

  10. Passed House, ayes 51, nays 46.

  11. Committee amendment H-8269 adopted, as amended.

  12. Point of order raised, Rule 10, decorum in debate, ruled point not well taken.

  13. Point of order raised, Rule 10, decorum in debate, Speaker resolved the point of order.

  14. Point of order raised, Rule 10, decorum in debate, Speaker resolved the point of order.

  15. Point of order raised, Rule 10, decorum in debate, ruled point well taken.

  16. Point of order raised, Rule 10, decorum in debate, Speaker resolved the point of order.

  17. Point of order raised, Rule 10, decorum in debate, Speaker resolved the point of order.

  18. Point of order raised, Rule 10, decorum in debate, ruled point not well taken.

  19. Point of order raised, Rule 10, decorum in debate, ruled point well taken.

  20. Point of order raised, Rule 10, decorum in debate, ruled point well taken.

  21. Amendment H-8446 filed, ruled out of order.

  22. Amendments H-8295, H-8300, H-8313, H-8362 and H-8436 out of order.

  23. Amendment H-8441 to committee amendment H-8269 adopted.

  24. Point of order raised, Rule 10, decorum in debate, Speaker resolved point of order

  25. Motion to suspend rules prevailed.

  26. Motion to suspend rules for immediate consideration of H-8441 to committee amendment H-8269.

  27. Point of order raised on H-8441 to committee amendment H-8269, ruled not germane.

  28. Motion to suspend rules failed.

  29. Motion to suspend rules for immediate consideration of H-8296 to committee amendment H-8269.

  30. Point of order raised on H-8296 to committee amendment H-8269, ruled not germane.

  31. Amendments H-8436 and H-8441 filed.

  32. Amendment H-8362 filed.

  33. Amendment H-8313 filed.

  34. Placed on calendar under unfinished business.

  35. Amendments H-8295, H-8296 and H-8300 filed.

  36. Fiscal note.

  37. Committee amendment H-8269 filed.

  38. Committee report, recommending amendment and passage.

  39. Subcommittee recommends amendment and passage.

  40. Subcommittee Meeting: 03/14/2018 11:00AM RM 19.

  41. Subcommittee: Lundgren, Salmon, Wessel-Kroeschell.

  42. Explanation of vote.

  43. Read first time, referred to Human Resources.

  44. Message from Senate.

  45. Immediate message.

  46. Passed Senate, ayes 43, nays 6.

  47. Committee report, approving bill.

  48. Introduced, placed on calendar.

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 150 not signed on

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (150)

150 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

civil-rights healthcare
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This bill has been enacted into law. Introduced February 27, 2017. Enacted.
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