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 TLSB 6085HH (1) 88 pf/rh
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 -1- LSB 6085HH (1) 88 pf/rh 1/ 1
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