Bill Text: IA HF2352 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to personal injury to a viable fetus.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-12 - Introduced, referred to Judiciary. H.J. 257. [HF2352 Detail]
Download: Iowa-2019-HF2352-Introduced.html
House
File
2352
-
Introduced
HOUSE
FILE
2352
BY
JACOBSEN
A
BILL
FOR
An
Act
relating
to
personal
injury
to
a
viable
fetus.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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H.F.
2352
Section
1.
NEW
SECTION
.
613.15C
Personal
injury
to
a
viable
1
fetus
——
due
process
and
equal
protection
of
the
law.
2
1.
An
action
seeking
damages
for
personal
injury
to
a
viable
3
fetus
must
be
brought
by
a
parent,
court-appointed
guardian,
or
4
conservator,
as
the
real
party
in
interest.
Such
claims
may
5
be
brought
as
an
independent
action
or
joined
with
a
parental
6
claim
for
loss
of
consortium.
7
2.
A
court
shall
not
adjudicate
the
issue
of
viability
of
a
8
fetus
under
this
section
without
affording
the
fetus,
through
9
the
real
party
in
interest,
due
process
and
equal
protection
10
of
the
law.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
provides
that
an
action
seeking
damages
for
15
personal
injury
to
a
viable
fetus
must
be
brought
by
a
16
parent,
court-appointed
guardian,
or
conservator,
as
the
17
real
party
in
interest.
Such
claims
may
be
brought
as
an
18
independent
action
or
joined
with
a
parental
claim
for
loss
19
of
consortium.
Additionally,
the
bill
provides
that
a
court
20
shall
not
adjudicate
the
issue
of
viability
of
a
fetus
under
21
the
bill
without
affording
the
fetus,
through
the
real
party
in
22
interest,
due
process
and
equal
protection
of
the
law.
23
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6085HH
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88
pf/rh
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