Amendment S-5035 to SF 2169
Relating to assisted reproduction fraud, and providing penalties
Adopted · March 2, 2022Strike everything: replaces the whole bill
Filed March 2, 2022 in the Senate by Sen. Annette Sweeney (R)
Amends this SF 2169 to CONFORM to HF 2160
What it changes
- By striking everything after the enacting clause and inserting: “Section
- Section 147.55, Code 2022, is amended by adding the following new subsection: NEW SUBSECTION . 7A. Sexual abuse in the fourth degree in violation of section 709.4A. Sec.
- Section 692A.102, subsection 1, paragraph c, Code 2022, is amended by adding the following new subparagraph: NEW SUBPARAGRAPH . (012) Sexual abuse in the fourth degree in violation of section 709.4A. Sec.
- NEW SECTION . 709.4A Sexual abuse in the fourth degree —— health care professionals.
- A health care professional commits sexual abuse in the fourth degree when the health care professional implants the health care professional’s own human reproductive material through assisted reproduction without the patient’s prior knowledge and written consent.
- Sexual abuse in the fourth degree is an aggravated misdemeanor.
- For the purposes of this section: a. “Assisted reproduction” means a method of causing pregnancy other than sexual intercourse involving medical or scientific intervention. b. “Gamete” means a sperm, an egg, or any part of a sperm or an egg. c. “Health care professional” means a person who is licensed, certified, or otherwise authorized or permitted by the laws of this state to administer health care in the ordinary course of business or in the practice of a profession. d. “Human reproductive material” means a human gamete or a human organism at any stage of development from fertilized ovum to embryo. e. “Patient” means a person who has received or is receiving health services from a health care professional. Sec.
- Section 802.2, Code 2022, is amended to read as follows: 802.2 Sexual abuse —— first, second, or third , or fourth degree.
- An information or indictment for sexual abuse in the first, second, or third , or fourth degree committed on or with a person who is under the age of eighteen years may be commenced at any time after the commission of the offense.
- An information or indictment for any other sexual abuse in the first, second, or third , or fourth degree shall be commenced within ten years after its commission, or if the person against whom the information or indictment is sought is identified through the use of a DNA profile, an information or indictment shall be commenced within three years from the date the person is identified by the person’s DNA profile, whichever is later.
- As used in this section , “identified” means a person’s legal name is known and the person has been determined to be the source of the DNA.”
- Title page, line 1, by striking “fraud,”