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S1299......................................................by STATE AFFAIRS
ABORTION - MINORS - Amends and adds to existing law to require parental
consent for an abortion for a minor.
01/24 Senate intro - 1st rdg - to printing
01/25 Rpt prt - to St Aff
01/31 Rpt out - rec d/p - to 2nd rdg
02/01 2nd rdg - to 3rd rdg
02/02 3rd rdg - PASSED - 23-12-0
AYES--Andreason, Branch, Bunderson, Burtenshaw, Cameron, Crow,
Carrington, Davis, Frasure, Geddes, Hawkins, Ipsen, King-Barrutia,
Lee, McLaughlin, Parry, Richardson, Riggs, Risch, Sandy, Thorne,
Wheeler, Williams
NAYS--Boatright, Danielson, Deide, Dunklin, Ingram, Keough, Noh,
Schroeder, Sorensen, Stegner, Stennett, Whitworth
Absent and excused--None
Floor Sponsor - Richardson
Title apvd - to House
02/03 House intro - 1st rdg - to St Aff
02/09 Rpt out - rec d/p - to 2nd rdg
02/10 2nd rdg - to 3rd rdg
02/14 3rd rdg - PASSED - 53-13-4
AYES -- Alltus, Barraclough, Barrett, Bell, Black, Bruneel,
Callister, Campbell, Cheirrett, Clark, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Gould, Hadley, Hammond,
Hansen(23), Henbest, Judd, Kellogg, Kempton, Kendell, Kunz, Lake,
Loertscher, Mader, Marley, McKague, Montgomery, Mortensen, Moss,
Moyle, Pearce, Pischner, Pomeroy, Reynolds, Sali, Schaefer, Sellman,
Smylie, Stevenson, Stoicheff, Taylor, Tilman, Wheeler, Wood,
Zimmermann, Mr Speaker
NAYS -- Bieter, Boe, Chase, Hansen(29), Jaquet, Jones, Meyer,
Ridinger, Ringo, Robison, Shepherd, Stone, Trail(Miller)
Absent and excused -- Geddes, Hornbeck, Linford, Smith
Floor Sponsor - Sali
Title apvd - to Senate
02/15 To enrol
02/16 Rpt enrol - Pres signed
02/17 Sp signed
02/18 To Governor
02/22 Governor signed
Session Law Chapter 7
Effective: 07/01/00
S1299
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1299
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ABORTION; AMENDING CHAPTER 6, TITLE 18, IDAHO CODE, BY THE ADDI-
3 TION OF A NEW SECTION 18-601, IDAHO CODE, TO PROVIDE LEGISLATIVE FINDINGS
4 AND INTENT; AMENDING SECTION 18-604, IDAHO CODE, TO PROVIDE A DEFINITION
5 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 6, TITLE 18, IDAHO
6 CODE, BY THE ADDITION OF A NEW SECTION 18-608A, IDAHO CODE, TO MAKE IT
7 UNLAWFUL FOR ANY PERSON OTHER THAN A PHYSICIAN TO CAUSE OR PERFORM AN
8 ABORTION; AMENDING SECTION 18-609, IDAHO CODE, TO PROVIDE A REFERENCE TO
9 ADULT PATIENTS, TO DELETE REQUIREMENTS FOR NOTICE TO PARENTS OF UNMARRIED
10 PREGNANT PATIENTS UNDER EIGHTEEN YEARS OF AGE OR WHO ARE UNEMANCIPATED, TO
11 DELETE LANGUAGE PROVIDING FOR SEVERABILITY AND TO MAKE TECHNICAL CORREC-
12 TIONS; AMENDING CHAPTER 6, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW
13 SECTION 18-609A, IDAHO CODE, TO REQUIRE CONSENT FOR ABORTIONS FOR MINORS,
14 TO PROVIDE VARIOUS FORMS OF CONSENT, TO PROVIDE FOR ABORTION FOR MEDICAL
15 EMERGENCIES, TO PROVIDE NOTICE TO PARENTS FOR ABORTIONS DUE TO MEDICAL
16 EMERGENCIES, TO PROVIDE FOR REPORTS TO LAW ENFORCEMENT AGENCIES IF NOTICE
17 TO PARENTS CANNOT BE MADE, TO PROVIDE PROCEDURES FOR A COURT TO GRANT A
18 MINOR'S RIGHT TO SELF-CONSENT TO AN ABORTION, TO PROVIDE CONTENTS FOR
19 PETITIONS TO THE COURT, TO PROVIDE FOR HEARINGS, TO PROVIDE FOR DECISIONS
20 OF THE COURT, TO PROVIDE FOR APPEALS, TO PROVIDE THAT NO FEES MAY BE
21 CHARGED, TO PROVIDE THAT A MINOR SHALL BE ORALLY INFORMED, TO PROVIDE THAT
22 CERTAIN JUDICIAL RECORDS ARE EXEMPT FROM PUBLIC DISCLOSURE, TO PROVIDE
23 THAT THE ADMINISTRATIVE DIRECTOR OF THE COURTS SHALL COMPILE STATISTICS,
24 TO PROVIDE A PRIVATE RIGHT OF ACTION TO ANY PERSON INJURED BY AN ABORTION,
25 TO REQUIRE REPORTING TO THE DEPARTMENT OF HEALTH AND WELFARE, TO PROVIDE
26 THAT PHYSICIANS ARE SUBJECT TO PROFESSIONAL DISCIPLINE AND CIVIL PENALTIES
27 AND TO PROVIDE DEFINITIONS; REPEALING SECTION 18-611, IDAHO CODE; AMENDING
28 CHAPTER 6, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-614,
29 IDAHO CODE, TO REQUIRE IDENTIFICATION AND AGE CONFIRMATION; AMENDING CHAP-
30 TER 6, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-615,
31 IDAHO CODE, TO PROVIDE SEVERABILITY; AMENDING CHAPTER 3, TITLE 9, IDAHO
32 CODE, BY THE ADDITION OF A NEW SECTION 9-340G, IDAHO CODE, TO EXEMPT FROM
33 PUBLIC DISCLOSURE RECORDS OF COURT PROCEEDINGS REGARDING JUDICIAL AUTHORI-
34 ZATION OF ABORTION PROCEDURES FOR MINORS; AND PROVIDING AN EFFECTIVE DATE.
35 Be It Enacted by the Legislature of the State of Idaho:
36 SECTION 1. That Chapter 6, Title 18, Idaho Code, be, and the same is
37 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
38 ignated as Section 18-601, Idaho Code, and to read as follows:
39 18-601. LEGISLATIVE FINDINGS AND INTENT. (1) The legislature finds:
40 (a) That children have a special place in society that the law should
41 reflect;
42 (b) That minors too often lack maturity and make choices that do not
43 include consideration of both immediate and long-term consequences;
2
1 (c) That the medical, emotional and psychological consequences of abor-
2 tion and childbirth are serious and can be lasting, particularly when the
3 patient is immature;
4 (d) That the capacity to become pregnant and the capacity for mature
5 judgment concerning the wisdom of bearing a child or of having an abortion
6 are not necessarily related;
7 (e) That parents, when aware that their daughter is pregnant or has had
8 an abortion are in the best position to ensure that she receives adequate
9 medical attention during her pregnancy or after her abortion;
10 (f) That except in rare cases, parents possess knowledge regarding their
11 child which is essential for a physician to exercise the best medical
12 judgment for that child;
13 (g) That when a minor is faced with the difficulties of an unplanned
14 pregnancy, the best interests of the minor are always served when there is
15 careful consideration of the rights of parents in rearing their child and
16 the unique counsel and nurturing environment that parents can provide;
17 (h) That informed consent is always necessary for making mature health
18 care decisions.
19 (2) It is the intent of the legislature in enacting section 18-609A,
20 Idaho Code, to further the following important and compelling state interests
21 recognized by the United States supreme court in:
22 (a) Protecting minors against their own immaturity;
23 (b) Preserving the integrity of the family unit;
24 (c) Defending the authority of parents to direct the rearing of children
25 who are members of their household;
26 (d) Providing a pregnant minor with the advice and support of a parent
27 during a decisional period;
28 (e) Providing for proper medical treatment and aftercare when the life or
29 physical health of the pregnant minor is at serious risk in the rare
30 instance of a sudden and unexpected medical emergency.
31 SECTION 2. That Section 18-604, Idaho Code, be, and the same is hereby
32 amended to read as follows:
33 18-604. DEFINITIONS. As used in this act:
34 (1.) "Abortion" means the intentional termination of human pregnancy for
35 purposes other than delivery of a viable birth.
36 2. "Physician" means a person licensed to practice medicine and surgery
37 or osteopathic medicine and surgery in this state as provided in chapter 18,
38 title 54, Idaho Code.
39 (2) "First trimester of pregnancy" means the first thirteen (13) weeks of
40 a pregnancy.
41 (3.) "Hospital" means an acute care, general hospital in this state,
42 licensed as provided in chapter 13, title 39, Idaho Code.
43 4. "First trimester of pregnancy" means the first thirteen (13) weeks of
44 a pregnancy.
45 (4) "Informed consent" means a voluntary and knowing decision to undergo
46 a specific procedure or treatment. To be voluntary, the decision must be made
47 freely after sufficient time for contemplation and without coercion by any
48 person. To be knowing, the decision must be based on the physician's accurate
49 and substantially complete explanation of each fact pertinent to making the
50 decision. Facts pertinent to making the decision shall include, but not be
51 limited to:
52 (a) A description of any proposed treatment or procedure;
53 (b) Any reasonably foreseeable complications and risks to the patient
3
1 from such procedure, including those related to future reproductive
2 health; and
3 (c) The manner in which such procedure and its foreseeable complications
4 and risks compare with those of each readily available alternative to such
5 procedure, including childbirth and adoption.
6 The physician must provide the information in terms which can be understood by
7 the person making the decision, with consideration of age, level of maturity
8 and intellectual capability.
9 (5) "Physician" means a person licensed to practice medicine and surgery
10 or osteopathic medicine and surgery in this state as provided in chapter 18,
11 title 54, Idaho Code.
12 5.(6) "Second trimester of pregnancy" means that portion of a pregnancy
13 following the thirteenth week and preceding the point in time when the fetus
14 becomes viable, and there is hereby created a legal presumption that the sec-
15 ond trimester does not end before the commencement of the twenty-fifth week of
16 pregnancy, upon which presumption any licensed physician may proceed in law-
17 fully aborting a patient pursuant to section 18-608, Idaho Code, in which case
18 the same shall be conclusive and unrebuttable in all civil or criminal pro-
19 ceedings.
20 6.(7) "Third trimester of pregnancy" means that portion of a pregnancy
21 from and after the point in time when the fetus becomes viable.
22 7.(8) Any reference to a viable fetus shall be construed to mean a fetus
23 potentially able to live outside the mother's womb, albeit with artificial
24 aid.
25 SECTION 3. That Chapter 6, Title 18, Idaho Code, be, and the same is
26 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
27 ignated as Section 18-608A, Idaho Code, and to read as follows:
28 18-608A. PERSONS AUTHORIZED TO PERFORM ABORTIONS. It is unlawful for any
29 person other than a physician to cause or perform an abortion.
30 SECTION 4. That Section 18-609, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 18-609. PHYSICIANS AND HOSPITALS NOT TO INCUR CIVIL LIABILITY -- CONSENT
33 TO ABORTION -- NOTICE. (1) Any physician may perform an abortion not prohib-
34 ited by this act and any hospital or other facility described in section
35 18-608, Idaho Code, may provide facilities for such procedures without, in the
36 absence of negligence, incurring civil liability therefor to any person,
37 including, but not limited to, the pregnant patient and the prospective father
38 of the fetus to have been born in the absence of abortion, if informed consent
39 for such abortion has been duly given by the pregnant patient.
40 (2) In order to provide assistance in assuring that the consent to an
41 abortion is truly informed consent, the director of the department of health
42 and welfare shall publish, after consultation with interested parties, easily
43 comprehended printed material to be made available at the expense of the phy-
44 sician, hospital or other facility providing the abortion, and which shall
45 contain the following:
46 (a) Descriptions of the services available to assist a woman through a
47 pregnancy, at childbirth and while the child is dependent, including adop-
48 tion services, a comprehensive list of the names, addresses, and telephone
49 numbers of public and private agencies that provide such services and
50 financial aid available;
51 (b) Descriptions of the physical characteristics of a normal fetus,
4
1 described at two (2) week intervals, beginning with the fourth week and
2 ending with the twenty-fourth week of development, accompanied by scien-
3 tifically verified photographs of a fetus during such stages of develop-
4 ment. The description shall include information about physiological and
5 anatomical characteristics, brain and heart function, and the presence of
6 external members and internal organs during the applicable stages of
7 development; and
8 (c) Descriptions of the abortion procedures used in current medical prac-
9 tices at the various stages of growth of the fetus and any reasonable
10 foreseeable complications and risks to the mother, including those
11 related to subsequent child bearing.
12 (3) No abortion shall be performed unless, prior to the abortion, the
13 attending physician or the attending physician's agent (i) confirms or veri-
14 fies a positive pregnancy test and informs the pregnant patient of a positive
15 pregnancy test, and (ii) certifies in writing that the materials provided by
16 the director of the department of health and welfare have been provided to the
17 pregnant patient, if reasonably possible, at least twenty-four (24) hours
18 before the performance of the abortion. If the materials are not available
19 from the director of the department of health and welfare, no certification
20 shall be required. The attending physician, or the attending physician's
21 agent, shall provide any other information required under this act. In addi-
22 tion to providing the material, the attending physician may provide the preg-
23 nant patient with such other information which in the attending physician's
24 judgment is relevant to the pregnant patient's decision as to whether to have
25 the abortion or carry the pregnancy to term.
26 (4) If the attending physician reasonably determines that due to circum-
27 stances peculiar to a specific pregnant patient, disclosure of the material is
28 likely to cause a severe and long lasting detrimental effect on the health of
29 such pregnant patient, disclosure of the materials shall not be required.
30 Within thirty (30) days after performing any abortion without certification
31 and delivery of the materials, the attending physician, or the attending
32 physician's agent, shall cause to be delivered to the director of the depart-
33 ment of health and welfare, a report signed by the attending physician, pre-
34 serving the patient's anonymity, which explains the specific circumstances
35 that excused compliance with the duty to deliver the materials. The director
36 of the department of health and welfare shall compile the information annually
37 and report to the public the total number of abortions performed in the state
38 where delivery of the materials was excused; provided that any information so
39 reported shall not identify any physician or patient in any manner which would
40 reveal their identities.
41 (5) If section 18-608(3), Idaho Code, applies to the abortion to be per-
42 formed and the pregnant patient is an adult and for any reason unable to give
43 a valid consent thereto, the requirement for that pregnant patient's consent
44 shall be met as required by law for other medical or surgical procedures and
45 shall be determined in consideration of the desires, interests and welfare of
46 the pregnant patient.
47 (6) In addition to the requirements of subsection (1) of this section, if
48 the pregnant patient is unmarried and under eighteen (18) years of age or
49 unemancipated, the physician shall provide notice, if possible, of the pending
50 abortion to the parents or legal guardian of the pregnant patient at least
51 twenty-four (24) hours prior to the performance of the abortion.
52 (7) If any one or more the subsection or provisions of this section, or
53 the application thereof to any person or circumstance, shall ever be held by
54 any court of competent jursidiction to be invalid, the remaining provisions of
55 this section and the application thereof to persons or circumstances other
5
1 than those to which it is held to be invalid, shall not be affected thereby,
2 it being the intention of the legislature to enact the remaining provisions of
3 this section notwithstanding such invalidity.
4 SECTION 5. That Chapter 6, Title 18, Idaho Code, be, and the same is
5 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
6 ignated as Section 18-609A, Idaho Code, and to read as follows:
7 18-609A. CONSENT REQUIRED FOR ABORTIONS FOR MINORS.
8 (1) (a) No person shall knowingly cause or perform an abortion upon a
9 minor unless:
10 (i) The attending physician has secured the written informed con-
11 sent of the minor and the written informed consent of the minor's
12 parent; or
13 (ii) The minor is emancipated and the attending physician has
14 received written proof of emancipation and the minor's written
15 informed consent; or
16 (iii) The minor has been granted the right of self-consent to the
17 abortion by court order pursuant to paragraph (b) of this subsection
18 and the attending physician has received the minor's written informed
19 consent; or
20 (iv) A court has found that the causing or performing of the abor-
21 tion, despite the absence of informed consent of a parent, is in the
22 best interests of the minor and the court has issued an order, pursu-
23 ant to paragraph (b)(iv)2. of this subsection, granting permission
24 for the causing or performing of the abortion, and the minor is hav-
25 ing the abortion willingly, pursuant to paragraph (f) of this subsec-
26 tion; or
27 (v) A medical emergency exists for the minor so urgent that there
28 is insufficient time for the physician to obtain the informed consent
29 of a parent or a court order and the attending physician certifies
30 such in the pregnant minor's medical records. In so certifying, the
31 attending physician must include the factual circumstances supporting
32 his professional judgment that a medical emergency existed and the
33 grounds for the determination that there was insufficient time to
34 obtain the informed consent of a parent or a court order. Immediately
35 after an abortion pursuant to this paragraph, the physician shall,
36 with due diligence, attempt to provide a parent of an unemancipated
37 minor actual notification of the medical emergency. If the parent
38 cannot be immediately contacted for such actual notification, the
39 physician shall, with due diligence, attempt to provide actual noti-
40 fication to a parent for an eight (8) hour period following the caus-
41 ing or performing of the abortion and shall, until a parent receives
42 such notification, ensure that the minor's postabortion medical needs
43 are met. Notwithstanding the above, a physician shall, within twenty-
44 four (24) hours of causing or performing an abortion pursuant to this
45 paragraph, provide actual notification of the medical emergency by:
46 1. Conferring with a parent or agent designated by the parent,
47 and providing any additional information needed for the minor's
48 proper care, and, as soon as practicable thereafter, securing
49 the parent's written acknowledgement of receipt of such notifi-
50 cation and information; or
51 2. Providing such actual notification in written form,
52 addressed to the parent at the usual place of abode of the par-
53 ent and delivered personally to the parent by the physician or
6
1 an agent with written acknowledgement of such receipt by the
2 parent returned to the physician; or
3 3. Providing such actual notification in written form and mail-
4 ing it by certified mail, addressed to the parent at the usual
5 place of abode of the parent with return receipt requested and
6 restricted delivery to the addressee so that a postal employee
7 can only deliver the notice to the authorized addressee.
8 For the purposes of this section, "actual notification"
9 includes, but is not limited to, a statement that an abortion was
10 caused or performed, a description of the factual circumstances sup-
11 porting the physician's judgment that the medical emergency existed
12 and a statement of the grounds for the determination that there was
13 insufficient time to obtain the informed consent of a parent or a
14 court order.
15 If the physician causing or performing such abortion reasonably
16 believes that the minor is homeless or abandoned so that the parents
17 cannot be readily found or that the minor has suffered abuse or
18 neglect such that the minor's physical safety would be jeopardized if
19 a parent were notified that the abortion was caused or performed, the
20 physician shall, in lieu of notifying a parent as required above,
21 make a report to a law enforcement agency pursuant to section
22 16-1619, Idaho Code, and a petition shall be filed pursuant to sec-
23 tion 16-1605, Idaho Code, which petition shall include a reference to
24 this code section. Upon adjudication that the minor comes within the
25 purview of chapter 16, title 16, Idaho Code, either on the basis of
26 homelessness or abandonment such that no parent can be found, or on
27 the basis of abuse or neglect such that the minor's physical safety
28 would be in jeopardy if a parent were notified that the abortion was
29 performed, the court shall, as a part of the decree, also order that
30 the physician's duty to so notify a parent is relieved. In any other
31 event, unless the court enters a finding that the best interests of
32 the child require withholding notice to a parent, the court shall
33 order that a parent receive actual notification of the medical emer-
34 gency and the causing or performing of the abortion.
35 (b) A proceeding for the right of a minor to self-consent to an abortion
36 pursuant to paragraph (a)(iii) of this subsection or for a court order
37 pursuant to paragraph (a)(iv) of this subsection, may be adjudicated by a
38 court as follows:
39 (i) The petition shall be filed in the judicial district where the
40 minor resides. A minor shall have the legal capacity to make and
41 prosecute a petition and appeal as set out herein. A guardian ad
42 litem may assist the minor in preparing her petition and other docu-
43 ments filed pursuant to this section and may seek appointment as set
44 forth below. A guardian ad litem, whether prospective or appointed,
45 must be an attorney properly licensed in this state. The court shall
46 ensure that the minor is given assistance in filing the petition if
47 the minor so desires a guardian ad litem but no qualified guardian ad
48 litem is available.
49 (ii) The petition shall set forth:
50 1. The initials of the minor;
51 2. The age of the minor;
52 3. The name and address of each parent, guardian, or, if the
53 minor's parents are deceased or the minor is abandoned and no
54 guardian has been appointed, the name and address of any other
55 person standing in loco parentis of the minor;
7
1 4. That the minor has been fully informed of the risks and con-
2 sequences of the abortion procedure to be performed;
3 5. A claim that the minor is mature, of sound mind and has suf-
4 ficient intellectual capacity to consent to the abortion for
5 herself;
6 6. A claim that, if the court does not grant the minor the
7 right to self-consent to the abortion, the court should find
8 that causing or performing the abortion, despite the absence of
9 the consent of a parent, is in the best interest of the minor
10 and give judicial consent to the abortion; and
11 7. If so desired by the minor, a request that the court appoint
12 a guardian ad litem, or, alternatively, if no guardian ad litem
13 is requested, that the court should consider whether appointment
14 of a guardian ad litem for the minor is appropriate.
15 The petition shall be signed by the minor and, if she has
16 received assistance from a prospective guardian ad litem in preparing
17 the petition, by the guardian ad litem.
18 (iii) A hearing on the merits of the petition shall be held as soon
19 as practicable but in no event later than five (5) days from the fil-
20 ing of the petition. The petition shall be heard by a district judge
21 on the record in a closed session of the court. The court shall
22 appoint a qualified guardian ad litem for the minor if one is
23 requested in the petition. If no qualified guardian ad litem is
24 available, the court may appoint some other person to act in the
25 capacity of a guardian ad litem, who shall act to fulfill the pur-
26 poses of this section and protect the confidentiality and other
27 rights of the minor.
28 At the hearing, the court shall, after establishing the identity
29 of the minor, hear evidence relating to the emotional development,
30 maturity, intellect and understanding of the minor; the nature of the
31 abortion procedure to be performed and the reasonably foreseeable
32 complications and risks to the minor from such procedure, including
33 those related to future childbearing; the available alternatives to
34 the abortion; the relationship between the minor and her parents; and
35 any other evidence that the court may find relevant in determining
36 whether the minor should be granted the right to self-consent to the
37 abortion or whether the court's consent to causing or performing of
38 the abortion, despite the absence of consent of a parent, is in the
39 best interests of the minor.
40 (iv) The order shall be entered as soon as practicable, but in no
41 event later than five (5) days after the conclusion of the hearing.
42 If, by clear and convincing evidence, the court finds the allegations
43 of the petition to be true and sufficient to establish good cause,
44 the court shall:
45 1. Find the minor sufficiently mature to decide whether to have
46 the abortion and grant the petition and give the minor the right
47 of self-consent to the abortion, setting forth the grounds for
48 so finding; or
49 2. Find the performance of the abortion, despite the absence of
50 the consent of a parent, is in the best interests of the minor
51 and give judicial consent to the abortion, setting forth the
52 grounds for so finding.
53 If the court does not find the allegations of the petition to be
54 true or if good cause does not appear from the evidence heard, the
55 court shall deny the petition, setting forth the grounds on which the
8
1 petition is denied.
2 If, in hearing the petition, the court becomes aware of allega-
3 tions which, if true, would constitute a violation of any section of
4 title 18, Idaho Code, or would bring a child within the purview of
5 chapter 16, title 16, Idaho Code, the court shall order, upon entry
6 of final judgment in the proceeding under this subsection, that an
7 appropriate investigation be initiated or an appropriate information,
8 complaint or petition be filed. Such allegations shall be forwarded
9 by the court with due consideration for the confidentiality of the
10 proceedings under this section.
11 (c) A notice of appeal from an order issued under the provisions of this
12 subsection shall be filed within two (2) days from the date of issuance of
13 the order. The record on appeal shall be completed and the appeal shall be
14 perfected as soon as practicable, but in no event later than five (5) days
15 from the filing of notice of appeal. Because time may be of the essence
16 regarding the performance of the abortion, appeals pursuant to this sub-
17 section shall receive expedited appellate review.
18 (d) Except for the time for filing a notice of appeal, a court may
19 enlarge the times set forth pursuant to this subsection upon request of
20 the minor or upon other good cause appearing, with due consideration for
21 the expedited nature of these proceedings.
22 (e) No filing, appeal or other fees shall be charged for cases or appeals
23 brought pursuant to this section.
24 (f) If a minor desires an abortion, then she shall be orally informed of,
25 and, if possible, sign the written consent required by this act, in the
26 same manner as an adult person. No abortion shall be caused or performed
27 on any minor against her will, except that an abortion may be performed
28 against the will of a minor pursuant to court order if the abortion is
29 necessary to preserve the life of the minor.
30 (g) All records contained in court files of judicial proceedings arising
31 under the provisions of this subsection, and subsection (3) of this sec-
32 tion, shall be confidential and exempt from disclosure pursuant to section
33 9-340G, Idaho Code. Dockets and other court records shall be maintained
34 and court proceedings undertaken so that the names of the parties to
35 actions brought pursuant to this section will not be disclosed to the pub-
36 lic.
37 (2) The administrative director of the courts shall compile statistics
38 for each county for each calendar year, accessible to the public, including:
39 (a) The total number of petitions filed pursuant to paragraph (b) of sub-
40 section (1) of this section; and
41 (b) The number of such petitions filed where a guardian ad litem was
42 requested and the number where a guardian ad litem or other person acting
43 in such capacity was appointed; and
44 (c) The number of such petitions for which the right to self-consent was
45 granted; and
46 (d) The number of such petitions for which the court granted its informed
47 consent; and
48 (e) The number of such petitions which were denied; and
49 (f) For categories described in paragraphs (c), (d) and (e) of this sub-
50 section, the number of appeals taken from the court's order in each cate-
51 gory; and
52 (g) For each of the categories set out in paragraph (f) of this subsec-
53 tion, the number of cases for which the district court's order was
54 affirmed and the number of cases for which the district court's order was
55 reversed.
9
1 (3) In addition to any other cause of action arising from statute or
2 otherwise, any person injured by the causing or performing of an abortion on a
3 minor in violation of any of the requirements of paragraph (a) of subsection
4 (1) of this section, shall have a private right of action to recover all dam-
5 ages sustained as a result of such violation, including reasonable attorney's
6 fees if judgment is rendered in favor of the plaintiff.
7 (4) Statistical records.
8 (a) The vital statistics unit of the department of health and welfare
9 shall, in addition to other information required pursuant to section
10 39-261, Idaho Code, require the complete and accurate reporting of infor-
11 mation relevant to each abortion performed upon a minor which shall
12 include, at a minimum, the following:
13 (i) Whether the abortion was performed following the physician's
14 receipt of:
15 1. The written informed consent of a parent and the minor; or
16 2. The written informed consent of an emancipated minor for
17 herself; or
18 3. The written informed consent of a minor for herself pursuant
19 to a court order granting the minor the right to self-consent;
20 or
21 4. The written informed consent of a court pursuant to an order
22 which includes a finding that the performance of the abortion,
23 despite the absence of the consent of a parent, is in the best
24 interests of the minor; or
25 5. The professional judgment of the attending physician that
26 the performance of the abortion was immediately necessary due to
27 a medical emergency and there was insufficient time to obtain
28 consent from a parent or a court order.
29 (ii) If the abortion was performed due to a medical emergency and
30 without consent from a parent or court order, the diagnosis upon
31 which the attending physician determined that the abortion was imme-
32 diately necessary due to a medical emergency.
33 (b) The knowing failure of the attending physician to perform any one (1)
34 or more of the acts required under this subsection is grounds for disci-
35 pline pursuant to section 54-1814(6), Idaho Code, and shall subject the
36 physician to assessment of a civil penalty of one hundred dollars ($100)
37 for each month or portion thereof that each such failure continues, pay-
38 able to the center for vital statistics and health policy, but such fail-
39 ure shall not constitute a criminal act.
40 (5) As used in this section:
41 (a) "Cause or perform an abortion" means to interrupt or terminate a
42 pregnancy by any surgical or nonsurgical procedure or to induce a miscar-
43 riage upon a minor known to be pregnant.
44 (b) "Emancipated" means any minor who has been married or is in active
45 military service.
46 (c) (i) "Medical emergency" means a sudden and unexpected physical con-
47 dition which, in the reasonable medical judgment of any ordinarily
48 prudent physician acting under the circumstances and conditions then
49 existing, is abnormal and so complicates the medical condition of the
50 pregnant minor as to necessitate the immediate causing or performing
51 of an abortion:
52 1. To prevent her death; or
53 2. Because a delay in causing or performing an abortion will
54 create serious risk of immediate, substantial and irreversible
55 impairment of a major physical bodily function of the patient.
10
1 (ii) The term "medical emergency" does not include:
2 1. Any physical condition that would be expected to occur in
3 normal pregnancies of women of similar age, physical condition
4 and gestation; or
5 2. Any condition that is predominantly psychological or psychi-
6 atric in nature.
7 (d) "Minor" means a woman less than eighteen (18) years of age.
8 (e) "Parent" means one (1) parent of the unemancipated minor, or a guard-
9 ian appointed pursuant to chapter 5, title 15, Idaho Code, if the minor
10 has one.
11 SECTION 6. That Section 18-611, Idaho Code, be, and the same is hereby
12 repealed.
13 SECTION 7. That Chapter 6, Title 18, Idaho Code, be, and the same is
14 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
15 ignated as Section 18-614, Idaho Code, and to read as follows:
16 18-614. IDENTIFICATION REQUIRED. (1) No person may cause or perform an
17 abortion otherwise permitted pursuant to Idaho law until the physician either
18 confirms the age of the woman by positive identification or secures legal con-
19 sent pursuant to section 18-609A, Idaho Code. A photocopy of such positive
20 identification or legal consent shall be kept in the physician's office file
21 for the woman. If due to medical emergency there is insufficient time for the
22 physician to confirm the woman's age by positive identification before per-
23 forming the abortion, the physician shall as soon as possible after performing
24 the abortion, confirm the age of the woman by positive identification and
25 retain a photocopy.
26 (2) "Positive identification" means a lawfully issued state, district,
27 territorial, possession, provincial, national or other equivalent government
28 driver's license, identification card or military card, bearing the person's
29 photograph and date of birth, or the person's valid passport, or certified
30 copy of the person's own birth certificate.
31 SECTION 8. That Chapter 6, Title 18, Idaho Code, be, and the same is
32 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
33 ignated as Section 18-615, Idaho Code, and to read as follows:
34 18-615. SEVERABILITY. If any one (1) or more provision, section, subsec-
35 tion, sentence, clause, phrase, or word of this chapter or the application
36 thereof to any person or circumstance is found to be unconstitutional, the
37 same is hereby declared to be severable and the balance of this chapter shall
38 remain effective notwithstanding such unconstitutionality. The legislature
39 hereby declares that it would have passed every section of this chapter and
40 each provision, section, subsection, sentence, clause, phrase or word thereof
41 irrespective of the fact that any one (1) or more provision, section, subsec-
42 tion, sentence, clause, phrase or word be declared unconstitutional.
43 SECTION 9. That Chapter 3, Title 9, Idaho Code, be, and the same is
44 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
45 ignated as Section 9-340G, Idaho Code, and to read as follows:
46 9-340G. EXEMPTION FROM DISCLOSURE -- RECORDS OF COURT PROCEEDINGS REGARD-
47 ING JUDICIAL AUTHORIZATION OF ABORTION PROCEDURES FOR MINORS. In accordance
48 with section 18-609A, Idaho Code, the following records are exempt from public
11
1 disclosure: records contained in court files of judicial proceedings regarding
2 judicial authorization of a minor's consent to an abortion or the performance
3 of abortion procedures upon a minor who would otherwise have to obtain consent
4 for the procedure from a parent or guardian, in addition to records of any
5 judicial proceedings filed under section 18-609A(3), Idaho Code.
6 SECTION 10. This act shall be in full force and effect on and after July
7 1, 2000.
STATEMENT OF PURPOSE
RS 09605C1
*Requires parental consent to perform an abortion upon a minor.
FISCAL IMPACT
*This bill has no fiscal impact.
Contact:
Name: Christian Coalition
Phone: 336-5900
Name: Rep. Bill Sali
Phone: 332-1000
STATEMENT OF PURPOSE/ FISCAL NOTE S 1297