House File 510 - Introduced
HOUSE FILE 510
BY DUNWELL, DIEKEN, HAYES,
BRADLEY, M. THOMPSON,
OSMUNDSON, SHIPLEY,
SHERMAN, STOLTENBERG,
HENDERSON, WHEELER,
GERHOLD, FISHER, JOHNSON,
GRABER, GUSTAFSON, JENEARY,
P. THOMPSON, THOMSON, and
CARLSON
A BILL FOR
1 An Act relating to the Iowa human life protection Act,
2 providing for civil actions and civil penalties, and
3 including effective date provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
TLSB 2211YH (2) 90
pf/rh
 H.F. 510
1 Section 1. FINDINGS.
2 1. The general assembly acknowledges that all human beings
3 are created equal and endowed by their creator with certain
4 unalienable rights, the foremost of which is the right to life.
5 2. The life of every human being begins at fertilization
6 when a male sperm fuses with a female egg resulting in a
7 single-celled human called a zygote. The union of the male
8 and female deoxyribonucleic acid during fertilization restores
9 the number of chromosomes needed to create a new human being.
10 The Carnegie stages of human development, numbered one to
11 twenty-three, is the accepted standard of embryological
12 development used by biologists to describe the physical
13 features of the human being, with the first stage marked by the
14 moment of fertilization through sperm-egg fusion and the last
15 stage at an estimated postfertilization age of eight weeks when
16 over ninety percent of the more than four thousand five hundred
17 named body structures are present.
18 3. The state of Iowa has a fundamental and compelling
19 interest in protecting the life of every human being from the
20 moment of fertilization.
21 4. Abortion is a murderous act of violence that purposefully
22 and knowingly terminates a human life in the womb.
23 5. Unborn human beings are entitled to the full and equal
24 protection of the laws that prohibit violence against other
25 human beings.
26 6. The United States Supreme Court’s ruling in Dobbs v.
27 Jackson Women’s Health Organization, No. 19-1392, 597 U.S. ___
28 (2022), correctly overruled the lawless and unconstitutional
29 pronouncements in Roe v. Wade, 410 U.S. 113 (1973) and Planned
30 Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S.
31 833 (1992), which had invented and perpetuated a supposed
32 constitutional right to abortion that cannot be found anywhere
33 in the text of the Constitution of the United States.
34 7. It is a federal crime pursuant to 18 U.S.C. §1461 to
35 mail abortion pills or to receive them in the mail, punishable
LSB 2211YH (2) 90
-1- pf/rh 1/53
 H.F. 510
1 by imprisonment for five years. It is also a federal crime
2 to transport abortion pills in interstate or foreign commerce
3 pursuant to 18 U.S.C. §1462(c). These statutes are fully
4 enforceable now that Roe v. Wade, 410 U.S. 113 (1973), has been
5 overruled. The statute of limitations for each of these crimes
6 is five years.
7 8. Violations of 18 U.S.C. §1461 and §1462 are predicate
8 offenses under the federal Racketeer Influenced and Corrupt
9 Organizations Act (RICO), which exposes abortion pill
10 distribution networks and their donors to civil RICO liability
11 as well as criminal prosecution as a racketeering enterprise
12 under 18 U.S.C. §1961.
13 9. The general assembly calls upon the United States
14 attorneys for the northern and southern districts of Iowa to
15 investigate and prosecute every abortion pill distribution
16 network under 18 U.S.C. §1461 and §1462 and RICO.
17 Sec. 2. NEW SECTION. 146E.1 Short title.
18 This chapter shall be known, and may be cited, as the “Iowa
19 Human Life Protection Act”.
20 Sec. 3. NEW SECTION. 146E.2 Definitions.
21 As used in this chapter, unless the context otherwise
22 requires:
23 1. “Abortion fund” means a person that exists for the
24 purpose of aiding or abetting elective abortions, and that pays
25 for, reimburses, or subsidizes in any way the costs associated
26 with obtaining an elective abortion.
27 2. “Abortion-inducing drug” means mifepristone, misoprostol,
28 and any other medicine, drug, or other substance that is
29 prescribed, dispensed, distributed, possessed, or used with the
30 intent of terminating a clinically diagnosable pregnancy, with
31 knowledge that the termination will with reasonable likelihood
32 cause the death of the unborn child. “Abortion-inducing
33 drug” includes the off-label use of drugs known to have
34 abortion-inducing properties which are prescribed, dispensed,
35 distributed, possessed, or used specifically with the
LSB 2211YH (2) 90
-2- pf/rh 2/53
 H.F. 510
1 intent of terminating a clinically diagnosable pregnancy.
2 “Abortion-inducing drug” does not include any of the following:
3 a. Levenorgestrel, also known as plan b one-step or the
4 morning-after pill, intrauterine devices, or any other type of
5 contraception or emergency contraception.
6 b. Drugs that may be known to cause an abortion, but which
7 are prescribed, dispensed, distributed, possessed, or used for
8 a purpose that does not include the termination of a clinically
9 diagnosable pregnancy.
10 3. “Abortion provider” means a person who performs elective
11 abortions.
12 4. “Affiliate” means a person that with another person
13 enters into a legal relationship created or governed by at
14 least one written instrument, including a certificate of
15 formation, a franchise agreement, standards of affiliation,
16 bylaws, or a license, that demonstrates any of the following:
17 a. Common ownership, management, or control between the
18 parties to the relationship.
19 b. A franchise granted by the person or entity to the
20 affiliate.
21 c. The granting or extension of a license or other agreement
22 authorizing the affiliate to use the other person’s brand name,
23 trademark, service mark, or other registered identification
24 mark.
25 5. “Aiding or abetting” or “aid or abet” means the same as
26 defined in section 703.1.
27 6. “Attempt” or “attempts” relating to an elective abortion
28 means an act, or an omission of a statutorily required act,
29 that, under the circumstances as the actor believes them to be,
30 constitutes a substantial step in a course of conduct planned
31 to culminate in the performance of an elective abortion.
32 7. “Elective abortion” means the act of using, prescribing,
33 administering, procuring, or selling any instrument, medicine,
34 drug, or any other substance, device, or means with the purpose
35 of terminating a clinically diagnosed pregnancy of a woman,
LSB 2211YH (2) 90
-3- pf/rh 3/53
 H.F. 510
1 with knowledge that the termination by any of those means will,
2 with reasonable likelihood, cause the death of an unborn child.
3 “Elective abortion” does not include any of the following:
4 a. In vitro fertilization or fertility treatments of any
5 type.
6 b. The use, prescription, administration, procuring, or
7 selling of levenorgestrel, also known as plan b one-step or the
8 morning-after pill, intrauterine devices, or any other type of
9 contraception or emergency contraception.
10 c. An act performed with the intent to do any of the
11 following:
12 (1) Save the life or preserve the health of an unborn child.
13 (2) Remove a dead unborn child as the result of a
14 spontaneous abortion, commonly known as a miscarriage.
15 (3) Remove or treat an ectopic pregnancy.
16 (4) Treat a physiological condition which the physician
17 deems, in the physician’s reasonable medical judgment, to be a
18 medical emergency.
19 d. A spontaneous abortion, commonly known as a miscarriage.
20 e. Medical treatment provided to a pregnant woman by a
21 licensed physician if the intent of the medical treatment is
22 not to cause an elective abortion, even if that treatment
23 results in the accidental death of, or unintentional injury to
24 or death of, the unborn child.
25 f. A medically indicated separation procedure.
26 8. “Fertilization” means the fusion of a human spermatozoon
27 with a human ovum.
28 9. “Governmental entity” means this state, a state agency
29 in the executive, judicial, or legislative branch of state
30 government of this state, or a political subdivision of this
31 state.
32 10. “Information content provider” means a person that
33 is responsible, in whole or in part, for the creation or
34 development of information provided through the internet or any
35 other interactive computer service.
LSB 2211YH (2) 90
-4- pf/rh 4/53
 H.F. 510
1 11. “Interactive computer service” means any information
2 service, system, or access software provider that provides or
3 enables computer access by multiple users to a computer server,
4 including specifically a service or system that provides access
5 to the internet and such systems operated or services offered
6 by libraries or educational institutions.
7 12. “Major bodily function” includes but is not limited
8 to functions of the immune system, normal cell growth, and
9 digestive, bowel, bladder, neurological, brain, respiratory,
10 circulatory, endocrine, and reproductive functions.
11 13. “Medical emergency” means a situation in which a
12 medically indicated separation procedure or treatment for
13 a physiological condition is performed due to any of the
14 following:
15 a. To preserve the life of a pregnant woman whose life
16 is endangered by a physical disorder, physical illness, or
17 physical injury, or a life-endangering physical condition
18 caused by or arising from the pregnancy including an ectopic
19 pregnancy, but not including psychological conditions,
20 emotional conditions, familial conditions, or the woman’s age.
21 b. When continuation of the pregnancy will create a serious
22 risk of substantial and irreversible impairment of a major
23 bodily function of a pregnant woman.
24 14. “Medically indicated separation procedure” means
25 a medical intervention, the purpose of which is not to
26 terminate a clinically diagnosed pregnancy of a woman, that is
27 necessitated by a medical emergency. A “medically indicated
28 separation procedure” is not an elective abortion.
29 15. “Perform”, “performance”, “performed”, “performs”, or
30 “performing”, relative to an elective abortion, means the use
31 of any means, including surgical or abortion-inducing drugs,
32 to terminate a clinically diagnosed pregnancy with the intent
33 other than to produce a live birth or to remove a dead fetus.
34 16. “Person” means the same as defined in section 4.1.
35 17. “Policy” includes a formal, written rule, policy,
LSB 2211YH (2) 90
-5- pf/rh 5/53
 H.F. 510
1 procedure, regulation, order, ordinance, motion, resolution, or
2 amendment and an informal, unwritten policy.
3 18. “Political subdivision” means a city, county, township,
4 or school district.
5 19. “Pregnant” means the human female reproductive condition
6 of having a living unborn child within the human female’s
7 uterus.
8 20. “Taxpayer resource transaction” means a sale, purchase,
9 lease, donation of money, goods, services, or real property,
10 or any other transaction between a governmental entity and a
11 private entity that provides to the private entity something of
12 value derived from state or local tax revenue, regardless of
13 whether the governmental entity receives something of value in
14 return. “Taxpayer resource transaction” includes advocacy or
15 lobbying by or on behalf of a governmental entity on behalf of
16 the interests of an abortion provider or affiliate but does not
17 include any of the following:
18 a. The provision of basic public services, including fire
19 and police protection and utilities, by a governmental entity
20 to an abortion fund, abortion provider, or an affiliate of an
21 abortion provider in the same manner as the entity provides the
22 services to the general public.
23 b. An officer or employee of a governmental entity providing
24 information to a member of the general assembly or appearing
25 before a legislative committee at the request of the member or
26 committee.
27 c. An elected official advocating for or against or
28 otherwise influencing or attempting to influence the outcome of
29 legislation pending before the general assembly while acting in
30 the capacity of an elected official.
31 d. An individual communicating as a private citizen on a
32 matter of public concern.
33 21. “Unborn child” means an individual organism of the
34 species homo sapiens from fertilization to live birth.
35 22. “Woman” or “women” includes every person whose
LSB 2211YH (2) 90
-6- pf/rh 6/53
 H.F. 510
1 biological sex is female, including every person born with XX
2 chromosomes and a uterus, regardless of any gender identity
3 that the person attempts to assert or claim.
4 Sec. 4. NEW SECTION. 146E.3 Elective abortion ——
5 prohibitions —— exceptions —— exclusive qui tam enforcement.
6 1. A person shall not knowingly use, employ, or administer
7 any drug, instrument, device, means, or procedure upon a
8 pregnant woman with the specific intent to cause an elective
9 abortion.
10 2. A person shall not knowingly aid or abet the conduct
11 described in subsection 1.
12 3. The prohibitions in this section shall apply if any
13 portion of the prohibited conduct or elective abortion occurs
14 in the state or within the jurisdiction of the state.
15 4. a. Notwithstanding any other law to the contrary, the
16 requirements of this section shall be enforced exclusively
17 through the qui tam actions described in sections 146E.7 and
18 146E.8.
19 b. Direct or indirect enforcement of this section shall not
20 be taken or threatened by a governmental entity or an officer
21 or employee of a governmental entity against a person by any
22 means, and a violation of this section shall not be used to
23 justify or trigger the enforcement of any other law or any type
24 of adverse consequence under any other law, except as provided
25 in sections 146E.7 and 146E.8.
26 c. This section does not preclude or limit the enforcement
27 of any other law or regulation against conduct that is
28 independently prohibited by such other law or regulation and
29 that would remain prohibited by such other law or regulation
30 in the absence of this section.
31 5. Notwithstanding any other law to the contrary, the
32 prohibitions in this section shall not apply to any of the
33 following:
34 a. Speech or conduct protected by the first amendment to the
35 Constitution of the United States, as made applicable to the
LSB 2211YH (2) 90
-7- pf/rh 7/53
 H.F. 510
1 states through the United States supreme court interpretations
2 of the fourteenth amendment to the Constitution of the United
3 States, or by Article I, section 7, of the Constitution of the
4 State of Iowa.
5 b. Conduct that the state is forbidden to regulate under
6 federal law or the Constitution of the United States.
7 c. The provision of basic public services, including fire
8 and police protection and utilities, by a governmental entity
9 or a common carrier to an abortion provider, an abortion fund,
10 or an affiliate of an abortion provider or abortion fund in
11 the same manner as the governmental entity or common carrier
12 provides those services to the general public.
13 d. Conduct taken at the behest of a federal agency,
14 contractor, or employee that is carrying out duties under
15 federal law, if a prohibition on that conduct would violate the
16 doctrine of preemption or intergovernmental immunity.
17 Sec. 5. NEW SECTION. 146E.4 Liability for wrongful death
18 and personal injuries —— elective abortion.
19 1. Notwithstanding any other law to the contrary, a person
20 who violates section 146E.3 shall be subject to all of the
21 following:
22 a. Joint and several liability for the wrongful death of an
23 unborn child who dies from the elective abortion.
24 b. Strict, and joint and several liability for all of the
25 following:
26 (1) The wrongful death of a pregnant woman or fo