![[PHOTO: White House Press Secretary Jen Psaki speaking behind the podium]](https://rewirenewsgroup.com/wp-content/uploads/2021/01/GettyImages-1297509094-740x525.png)
Culture & Conversation Abortion
This law was last updated on Jan 28, 2019
This law is Anti–Choice
SF 359
Blocked/Enjoined
Feb 27, 2017
SF 359 would prohibit the performance of an abortion from the time a fetus has a detectable heartbeat.
A fetal heartbeat can be detected as early as six weeks of pregnancy—two weeks after a person’s first missed period—and well before many even realize that they are pregnant.
Except in the case of a medical emergency or when the abortion is medically necessary, the bill would prohibit abortions without a check for a fetal heartbeat, or if a fetal heartbeat is detectable.
In testing for a detectable heartbeat, the physician would be required to perform an abdominal ultrasound.
Following the testing of the pregnant person for a detectable fetal heartbeat, the physician would need to inform the pregnant person, in writing, of all of the following:
The bill would prohibit a physician from performing or attempting to perform an abortion when it has been determined that the fetus has a detectable heartbeat, unless a medical emergency exists, or the abortion is medically necessary.
Examples of when an abortion is “medically necessary” include:
If the probable post-fertilization age of the fetus is determined to be twenty or more weeks, the “medically necessary” exceptions would not apply.
Fetal Tissue Use
SF 359 would prohibit a person from knowingly acquiring, providing, receiving, otherwise transferring, or using a fetal body part, regardless of whether the acquisition, provision, receipt, or use is for valuable consideration.
This would not apply to:
A person who violates this provision would be guilty of a class “C” felony. A class “C” felony is punishable by confinement for no more than 10 years and a fine of at least $1,000 but not more than $10,000.
Sponsored by the Senate Human Resources Committee.
Related Legislation
Formerly SF 52.
Similar to HF 2163 and SF 2281, which were introduced in 2018.
STATUS
The bill was introduced as a prohibition on the transfer of fetal body tissue.
That version passed the senate on March 22, 2017, by a 43-6 vote.
The bill was amended in the house to include the ban on abortion when a fetal heartbeat is detected.
The amended version passed the house on May 1, 2018, by a 51-46 vote.
The amended version passed the senate on May 2, 2018, by a 29-17 vote.
Signed into law by Gov. Kim Reynolds (R) on May 4, 2018.
Update #1
6/1/2018 – Polk County District Court Judge Michael Huppert granted a temporary injunction stopping the law from being enforced while the lawsuit works its way through the courts.
Update #2
1/22/19 – Polk County District Court Judge Michael Huppert ruled the law unconstitutional.