Bills › 89th General Assembly
Relating to the nonconsensual termination of a human pregnancy, and providing penalties
Topics:Crime & correctionsReproductive rights
Same legislation: HF 2372
Where it is now
- Done: IntroducedFebruary 2, 2022
- Done: SubcommitteeFebruary 2, 2022
- Done: House committeeFebruary 9, 2022
- Skipped: Passes the HouseContinued as HF 2372
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Became HF 2372 → Its progress continues under the new number. Go to HF 2372 What’s a funnel?
What’s in it
AI summary Under current law, it is a felony to intentionally end a pregnancy without the person's knowledge or consent. This new law would make it a different type of felony for someone to attempt to do that same thing.1
Read the official explanation
This bill relates to the nonconsensual termination of a human pregnancy. Current law provides that a person who intentionally terminates a human pregnancy without the knowledge and voluntary consent of the pregnant person is guilty of a class “C” felony. A class “C” felony is punishable by confinement for no more than years and a fine of at least $1,370 but not more than $13,660. The bill provides that a person who attempts to intentionally terminate a human pregnancy without the knowledge and voluntary consent of the pregnant person is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.
House subcommittee
Named February 2, 2022. On February 8, 2022 it recommended passage. Vote Total: 3-0.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
AI summary This bill makes it a Class D felony to attempt to intentionally terminate a human pregnancy without the pregnant person's knowledge and consent. The fiscal impact cannot be estimated due to a lack of existing conviction data, but because there were no convictions for the related offense in fiscal year 2021, the impact is expected to be minimal. Any costs incurred would affect the state's General Fund through the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections.3
Read the fiscal note
Description
House File 2372 provides that a person who attempts to intentionally terminate a human pregnancy without the knowledge and voluntary consent of the pregnant person commits a Class D felony.
Background
Under Iowa Code section 707.8, a person who intentionally terminates a human pregnancy without the knowledge and voluntary consent of the pregnant person commits a Class C felony. Under HF 2372, a person who attempts this offense commits a Class D felony. A Class C felony is punishable by up to 10 years in prison and a fine of at least $1,370 but not more than $13,660. A Class D felony is punishable by up to five years in prison and a fine of at least $1,025 but not more than $10,245.
Assumptions
- The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and other criminal justice system policies and practices.
- A lag effect of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
- Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
Correctional Impact
House File 2372 establishes a new criminal offense, and the correctional impact cannot be estimated for this Bill due to a lack of existing conviction data. However, there were no convictions under Iowa Code section 707.8 in FY 2021, so it is expected that this Bill will have a minimal correctional impact.
Table 1 below shows estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS under those supervisions; and supervision marginal costs per day for all convictions of Class D felonies against persons. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 18, 2022, for information related to the correctional system.
Table 1 — Sentencing Estimates and LOS
Minority Impact
House File 2372 establishes a new offense. As a result, the Criminal and Juvenile Justice Planning Division (CJJP) of the Department of Human Rights cannot use prior existing data to estimate the minority impact of HF 2372. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 18, 2022, for information related to minorities in the criminal justice system.
Fiscal Impact
House File 2372 establishes a new offense, and the fiscal impact cannot be estimated due to a lack of existing conviction data. However, as there were no convictions under Iowa Code section 707.8 in FY 2021, it is expected that this Bill will have a minimal fiscal impact. The average State cost per offense for a Class D felony ranges from $9,100 to $16,600. The estimated impact to the State General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections. The cost would be incurred across multiple fiscal years for prison and parole supervision.
Sources
- Criminal and Juvenile Justice Planning Division, Department of Human Rights
- Department of Corrections
- Legislative Services Agency
- Final Fiscal Note — Nonconsensual Termination of Human Pregnancy · June 27, 2022 · $16,600
- Nonconsensual Termination of Human Pregnancy · February 14, 2022 · $16,600
Family tree
89th General Assembly