Bills › 90th General Assembly
Relating to the nonconsensual causing of death of, or serious injury to, an unborn person, and providing penalties
Sponsored by the House Judiciary Committee
Topics:Crime & correctionsReproductive rights
Same legislation: HSB 621
Where it is now
- Done: IntroducedJanuary 29, 2024
- Done: SubcommitteeJanuary 29, 2024
- Done: House committeeFebruary 14, 2024
- Done: Passes the HouseMarch 7, 202458–36
- Stopped: Senate committeeDied when the General Assembly ended
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2024 session adjourned on April 19, 2024, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
AI summary This bill changes how the law describes and punishes certain crimes involving pregnancy by replacing the term "human pregnancy" with "unborn person." It increases the penalties for people who cause the death of an unborn person during a felony or a felony assault to a class "A" felony, which can result in life in prison. Other punishments for causing the death of or injuring an unborn person through different actions are also updated.1
Read the official explanation
8 (nonconsensual termination —— serious injury to a human pregnancy). The bill replaces references to “human pregnancy” throughout the Code section with “unborn person”, and defines “unborn person”.8(1) provides that a person who terminates a human pregnancy without the consent of the pregnant person during the commission of a forcible felony is guilty of a class “B” felony. A class “B” felony is punishable by confinement for no more than years. The bill amends this Code subsection to provide that a person who causes the death of an unborn person without the consent of the pregnant person during the commission of a forcible felony is guilty of a class “A” felony. A class “A” felony is punishable by confinement for life without possibility of parole.8(2) provides that a person who terminates a human pregnancy without the consent of the pregnant person during the commission of a felony or felonious assault 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 amends this Code subsection to provide that a person who causes the death of an unborn person without the consent of the pregnant person during the commission of a felony or felonious assault is guilty of a class “A” felony. A class “A” felony is punishable by confinement for life without possibility of parole.8(3)(a) 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. The bill amends this Code paragraph to provide that a person who intentionally causes the death of an unborn person without the knowledge and voluntary consent of the pregnant person is guilty of a class “B” felony.8(3)(b), 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. The bill amends this Code paragraph to provide that a person who attempts to intentionally cause the death of an unborn person without the knowledge and voluntary consent of the pregnant person is guilty of a class “C” felony.6A(1) (operating a motor vehicle while intoxicated), is guilty of a class “C” felony.6A(1) is guilty of a class “B” felony.8(5) provides that a person who by force or intimidation procures the consent of the pregnant person to a termination of a human pregnancy is guilty of a class “C” felony. The bill amends this Code subsection to provide that a person who by force or intimidation procures the consent of the pregnant person to cause the death of an unborn person is guilty of a class “C” felony.8(6) provides that a person who unintentionally terminates a human pregnancy while drag racing is guilty of a class “D” felony. The bill amends this Code subsection to provide that a person who unintentionally causes the death of an unborn person while drag racing is guilty of a class “D” felony.8(7) provides that a person who unintentionally terminates a human pregnancy without the knowledge and voluntary consent of the pregnant person by the commission of an act in a manner likely to cause the termination of or serious injury to a human pregnancy is guilty of an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. The bill amends this Code subsection to provide that a person who unintentionally causes the death of an unborn person without the knowledge and voluntary consent of the pregnant person by the commission of an act in a manner likely to cause the death of or serious injury to an unborn person is guilty of an aggravated misdemeanor.8(8) provides that a person commits an aggravated misdemeanor when the person intentionally causes serious injury to a human pregnancy by the commission of an act in a manner likely to cause the termination of or serious injury to a human pregnancy. The bill amends this Code subsection to provide that a person commits an aggravated misdemeanor when the person intentionally causes serious injury to an unborn person by the commission of an act in a manner likely to cause the death of or serious injury to an unborn person.6A(1) (operating a motor vehicle while intoxicated).6A(1).8(10) provides that a person commits a serious misdemeanor when the person unintentionally causes serious injury to a human pregnancy by the commission of an act in a manner likely to cause the termination of or serious injury to the human pregnancy. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. The bill amends this Code subsection to provide that a person commits a serious misdemeanor when the person unintentionally causes serious injury to an unborn person by the commission of an act in a manner likely to cause the death of or serious injury to the unborn person.
Senate subcommittee
Named March 11, 2024. It hasn’t reported yet.
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
1 written public comment to its subcommittee: February 6, 2024 (1) · on the Legislature’s site
Fiscal note
Can’t be estimated Compare with other bills
AI summary This bill changes the definition of an unborn person and increases penalties for causing the death of or serious injury to an unborn person. The fiscal impact to the state's General Fund, including costs for the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections, cannot be determined due to a lack of existing data.3
Read the fiscal note
Description
House File 2575 amends Iowa Code section 707.8 to replace the words “terminates a human pregnancy” with “causes the death of an unborn person” and increases penalties. An “unborn person” is defined as an individual organism of the species homo sapiens from fertilization to live birth.
The Bill provides penalties as follows:
- A person who causes the death of an unborn person without the consent of the pregnant person during the commission of a forcible felony commits a Class A felony.
- A person who causes the death of an unborn person without the consent of the pregnant person during the commission of a felony or felonious assault commits a Class A felony.
- A person who intentionally causes the death of an unborn person without the knowledge and voluntary consent of the pregnant person commits a Class B felony.
- A person who attempts to intentionally cause the death of an unborn person without the knowledge and voluntary consent of the pregnant person commits a Class C felony.
- A person who unintentionally causes the death of an unborn person by any means provided pursuant to Iowa Code section 707.6A(1) (homicide or serious injury by vehicle) commits a Class B felony.
- A person who by force or intimidation procures the consent of the pregnant person to cause the death of an unborn person commits a Class C felony.
- A person who unintentionally causes the death of an unborn person while drag racing in violation of Iowa Code section 321.278 commits a Class D felony.
- A person who unintentionally causes the death of an unborn person without the knowledge and voluntary consent of the pregnant person by the commission of an act in a manner likely to cause the death of or serious injury to an unborn person commits an aggravated misdemeanor.
- A person who intentionally causes serious injury to an unborn person by the commission of an act in a manner likely to cause the death of or serious injury to an unborn person commits an aggravated misdemeanor.
- A person who unintentionally causes serious injury to an unborn person by any of the means described in Iowa Code section 707.6A commits an aggravated misdemeanor.
- A person who unintentionally causes serious injury to an unborn person by the commission of an act in a manner likely to cause the death of or serious injury to an unborn person commits a serious misdemeanor.
Background
In FY 2023, there were zero convictions under Iowa Code section 707.8. In the same fiscal year, there were no new prison admissions or probation admissions, but there was one parole admission for the most serious offense under Iowa Code section 707.8.
A Class A felony is punishable by confinement for life in prison without the possibility of parole or probation. A Class B felony is punishable by confinement for up to 25 years. A Class C felony is punishable by confinement for up to 10 years and a fine of at least $1,370 but no more than $13,660. A Class D felony is punishable by confinement for up to five years and a fine of at least $1,025 but no more than $10,045. An aggravated misdemeanor is punishable by confinement for up to two years and a fine of at least $855 but no more than $8,540. A serious misdemeanor is punishable by confinement for up to one year and a fine of at least $430, but no more than $2,560.
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 delay 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 2575 increases penalties and changes definitions for existing offenses under Iowa Code section 707.8. The correctional impact cannot be determined due to a lack of conviction data. Figure 1 shows estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS in months under those supervisions; and supervision marginal costs per day for Class B felonies, Class C felonies, Class D felonies, aggravated misdemeanors, and serious misdemeanors. Class A felonies are punishable by a mandatory life sentence and do not include parole, probation, or CBC marginal costs. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 16, 2024, for information related to the correctional system.
Figure 1 — Sentencing Estimate and Length of Stay (LOS)
Minority Impact
House File 2575 increases penalties for existing offenses and changes definitions under Iowa Code section 707.8. The minority impact cannot be estimated due to a lack of data. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 16, 2024, for information related to minorities in the criminal justice system.
Fiscal Impact
The fiscal impact of HF 2575 cannot be determined due to a lack of existing data. Figure 2 shows the average State cost per offense for Class A felonies, Class B felonies, Class C felonies, Class D felonies, aggravated misdemeanors, and serious misdemeanors. 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 (DOC). The cost would be incurred across multiple fiscal years for prison and parole supervision.Conviction Offense Class
Percent
Ordered to
State
Prison
FY 2023
Avg LOS in
Prison (All Releases)
Marginal
Cost Per
Day Prison
Percent
Ordered
to
Probation
FY23
Field Avg
LOS on
Probation
Avg Cost
Per Day on
Probation
Percent
Sentenced
to CBC
Residential
Facility
Marginal
Cost Per
Day CBC
Percent
Ordered
to County
Jail
Marginal
Cost Per
Day Jail
FY23
Field Avg
LOS on
Parole
Marginal
Cost Per
Day Parole
B Felony (Persons) 95.2% 132.1 $24.94 9.7% 53.3 7.67$ 2.1% 20.00$ 45.5% 50.00$ 26.7 7.67$ C Felony (Persons) 89.9% 50.3 $24.94 27.2% 41.3 7.67$ 4.3% 20.00$ 52.0% 50.00$ 22.3 7.67$ D Felony (Persons) 82.6% 20.5 $24.94 53.9% 35.3 7.67$ 9.8% 20.00$ 36.9% 50.00$ 15.6 7.67$
Aggravated Misdemeanor
(Persons) 47.6% 10.6 $24.94 67.6% 25.1 7.67$ 5.2% 20.00$ 55.9% 50.00$ 6.7 7.67$ Serious Misdemeanor 1.7% 6.6 $24.94 53.0% 19.2 7.67$ 1.2% 20.00$ 74.2% 50.00$ N/A 7.67$ Figure 2 — Average State Cost Per Offense
Sources
- Department of Corrections
- Criminal and Juvenile Justice Planning, Department of Management
- Legislative Services Agency
- Fetal Homicide · March 6, 2024
Family tree
Study bill
90th General Assembly