Capitol Notebook: Fertility fraud case moves forward

FERTILITY FRAUD: The House voted 90-5 to approve HF 2160 to establish a crime of fourth-degree sexual abuse when a health care professional implants their own genetic material into a patient during fertility treatment without their consent, said Rep. Megan Jones, R-Sioux Rapids.

“This is a really dastardly crime,” said Rep. Marti Anderson, D-Des Moines, who has heard from people “about how horrible finding out that their father, the person they thought was their father, was not their father, but their mother's gynecologist.”

Anderson and Rep. Ras Smith, D-Waterloo, wanted stricter penalties for anyone convicted of implanting a patient with their own reproductive material without consent. Sexual abuse in the fourth degree is an aggravated misdemeanor punishable by a fine of up to $8,540 and two years in prison. It also could require registration as a Tier III sex offender.

“We have an inherent sense of trust” in physicians, Smith said. “We have an assumption that they're going do the right thing. My concern is that we're not setting forth strong enough penalties for those who just have complete disregard for that public trust.”

There will be an opportunity to increase the penalties, Jones said, referring to a similar bill, SF 2169, being considered in the Senate.

That bill would make providing false information to an assisted reproduction patient a Class D felony, punishable by up to five years in prison and a fine of up to $10,245. A physician or health care facility that provides human reproductive material other than what the patient consented to would be a Class C felony, punishable by up to 10 years in prison and a fine of $13,660.

ANTISEMITISM: A bill requiring the state to consider a widely used definition of antisemitism when determining whether there has been a violation of law of policy prohibiting discriminatory acts was approved 65-31 Wednesday.

Supporters of HF 2220 called its enactment timely and important because antisemitism is the leading form of religious-based hatred in the U.S., according to the FBI. Jews were the most frequent target, said Rep. Sandy Salmon, R-Janesville.

HF 2220 calls for using a definition used by the International Holocaust Remembrance Alliance. Defining antisemitism is necessary to combat it, she said. The House rejected as not germane a Democratic proposal to change the definition of “hate group” to include any group identified by the Southern Poverty Law Center.

NEW OMBUDSMAN: The Senate voted unanimously to confirm Bernardo Granwehr as the new state ombudsman, the official that serves as a conduit between the public and state government. Granwehr will serve as acting ombudsman until July 1, when his official, four-year term begins.

Granwehr, who was chief of staff and legal counsel to former state auditor Mary Mosiman, has worked in the state agriculture department, and most recently worked for the Iowa Utilities Board.

As described on its website, the ombudsman’s office is an independent agency to which Iowans can air grievances about state government. The office facilitates communications between citizens and government, and has the authority to investigate complaints about state and local government, with some exceptions.

SPOUSAL PRIVILEGE: A proposal to require Iowans to testify against a spouse in cases involving threats by one spouse against the other or a third party was approved 93-0.

HF 2282 would codify two exceptions found in current law, said Rep. Brian Lohse, R-Bondurant. A person could be compelled to testify against their spouse about threats made against them or a third party as well as about communications disclosed to a third party. The bill would add a third exception, compelling testimony in cases where one spouse is charged with criminal acts against the other, such as domestic abuse, he said.

The third exception drew on a case where a woman threatened to kill her husband’s girlfriend with a detailed explanation. Those communications, which were needed to prove intent, were not permitted at trial because of spousal privilege, Lohse said.

Rep. Beth Wessel-Kroeschell, D-Ames, pointed out the woman was convicted and will be in prison for life without the possibility for parole, “so the need for this may not be so significant.” She supported its passage.

HEARSAY TESTIMONY: HF 2221 to create an exception to the hearsay rule in prosecuting physical abuse or a sexual offense upon or against a child, a person with an intellectual disability, a person with a cognitive impairment or a person with a developmental disability was approved by the House 94-0. It would allow testimony by the victim of an out-of-court statement made by the victim to another person regarding the offense and by allowing testimony by another person concerning an out-of-court statement made by the victim describing any element of the offense. Hearsay is not admissible in court unless the Iowa Constitution, a statute, the Iowa Rules of Evidence, or an Iowa Supreme Court rule provides an exception.

JUDICIAL APPORTIONMENT: A bill changing how district associate judges are assigned was unanimously approved by the House. HF 2338 would allow the Iowa Supreme Court, going forward, to assign judges based on weighted workload, administrative duties and travel time.

Under current law, district associate judges are apportioned based upon county population. The bill provides that in those districts with more district associate judges than the new formula prescribes, vacancies will not be filled while districts with fewer or the same number of associate judges as called for under the new formula will fill vacancies as they occur.

“Any time we can make government more efficient is a wonder and a good thing to do,” Rep. Brian Lohse, R-Bondurant, said.

LINE OF SUCCESSION: House Joint Resolution 2005 to ask Iowa voters to approve a constitutional amendment to establish a line of succession in the event the governor’s office becomes vacant due to illness, death or removal of the governor was approved 62-33.

Under the resolution, the state constitution would be amended to say that if the governor is temporarily unable to fulfill the office’s duties, the lieutenant governor will act as governor until the governor can resume his or her duties. If the governor leaves the office permanently or dies, the lieutenant governor becomes governor for the remainder of the governor’s term and the lieutenant governor’s office is vacant, clearing the way for the lieutenant governor to appoint a successor.

Rep. Mary Wolfe, D-Clinton, offered an amendment to require the lieutenant governor appointee confirmed by a simple majority of the House and Senate. That would be consistent with federal law and prevent the governor from appointing someone “inappropriate.” It was rejected 39-57.

The lack of a clear line of succession became apparent when former Gov. Terry Branstad resigned in 2017 to become ambassador to China. Iowa Attorney General Tom Miller issued a formal ruling that stated upon her move, Reynolds did not have the authority to name a new lieutenant governor. She named Adam Gregg her “acting” lieutenant governor.

HJR 2005 is the same as SJR 15, which has been approved by the Senate State Government Committee.

Before an amendment is put on the ballot it must be approved in two consecutive sessions of the Legislature.

INMATE DEATH: Charles Leroy Zipprich, 70, died Feb. 22 at the Iowa Medical and Classification Center. He had been serving a 25-year sentence for second-degree sexual abuse from Lee County since Oct. 17, 2000.

— Compiled by the Des Moines Bureau