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H0576......................................................by STATE AFFAIRS
ABORTION - Adds to existing law to prohibit partial-birth abortions, to
provide an exception, to provide for civil actions, to provide for a
fact-finding hearing with the state medical board and to provide immunity
for the person upon whom the abortion is performed.
02/02 House intro - 1st rdg - to printing
02/03 Rpt prt - to St Aff
02/11 Rpt out - rec d/p - to 2nd rdg
02/12 2nd rdg - to 3rd rdg
02/19 3rd rdg - PASSED - 54-15-1
AYES -- Alltus, Barraclough, Barrett, Bell, Black(15), Black(23),
Bruneel, Callister, Campbell, Clark, Crane, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hansen, Hornbeck, Jones(9), Jones(20), Kellogg, Kempton,
Kendell, Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley,
McKague, Mortensen, Newcomb, Pomeroy, Reynolds, Richman, Sali,
Schaefer, Stevenson, Stoicheff, Stubbs, Taylor, Tilman, Tippets,
Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- Bieter, Bivens, Boe, Chase, Henbest, Jaquet, Jones(22), Judd,
Meyer, Miller, Pischner, Ridinger, Robison, Trail, Watson
Absent and excused -- Stone
Floor Sponsor - Mader
Title apvd - to Senate
02/20 Senate intro - 1st rdg - to St Aff
03/12 Rpt out - rec d/p - to 2nd rdg
03/13 Rls susp - PASSED - 24-11-0
AYES--Andreason, Branch, Bunderson, Burtenshaw, Cameron, Crow,
Darrington, Deide, Frasure, Geddes, Hawkins, Ipsen, Keough, King,
Lee, McLaughlin, Parry, Richardson, Riggs, Risch, Sandy, Thorne,
Twiggs, Wheeler
NAYS--Boatright, Danielson, Dunklin, Hansen, Ingram, Noh, Schroeder,
Sorensen, Stennett, Sweeney, Whitworth
Absent and excused--None
Floor Sponsors - Richardson, Risch, Hawkins
Title apvd - to House
03/16 To enrol
Rpt enrol - Sp signed
Pres signed
To Governor
03/16 Governor signed
Session Law Chapter 34
Effective: 03/16/98
H0576|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 576 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 18-613, IDAHO CODE, TO PROHIBIT PARTIAL-BIRTH 4 ABORTIONS, TO PROVIDE AN EXCEPTION, TO PROVIDE DEFINITIONS, TO PROVIDE FOR 5 CIVIL ACTIONS, TO PROVIDE FOR A FACT-FINDING HEARING WITH THE STATE MEDI- 6 CAL BOARD AND TO PROVIDE LIMITED IMMUNITY TO THE PERSON UPON WHOM THE 7 ABORTION IS PERFORMED; AND DECLARING AN EMERGENCY. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 6, Title 18, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION , to be 11 known and designated as Section 18-613, Idaho Code, and to read as follows: 12 18-613. PARTIAL-BIRTH ABORTIONS PROHIBITED. (1) Prohibited acts. Any phy- 13 sician who knowingly performs a partial-birth abortion and thereby kills a 14 human fetus shall be subject to the penalties imposed in section 18-605, Idaho 15 Code. This section shall not apply to partial-birth abortions necessary to 16 save the life of the mother when her life is endangered by a physical disor- 17 der, illness or injury. 18 (2) Definitions. As used in this section: 19 (a) "Partial-birth abortion" means an abortion in which the person per- 20 forming the abortion partially vaginally delivers a living fetus before 21 killing the fetus and completing the delivery. 22 (b) The phrase "vaginally delivers a living fetus before killing the 23 fetus" means deliberately and intentionally delivering into the vagina a 24 living fetus, or a substantial portion of the fetus, for the purpose of 25 performing a procedure the physician knows will kill the fetus, and which 26 kills the fetus. 27 (c) "Physician" has the same meaning provided in section 18-604, Idaho 28 Code. However, any individual who is not a physician or not otherwise 29 legally authorized by this state to perform abortions, but who neverthe- 30 less directly performs a partial-birth abortion, shall be subject to the 31 prohibitions described in this section. 32 (3) (a) Civil actions. The father of the aborted fetus, if married to 33 the mother of the aborted fetus at the time of the abortion; or the mater- 34 nal grandparents of the aborted fetus, if the mother is not at least eigh- 35 teen (18) years of age at the time of the abortion, may bring a civil 36 action against the defendant physician to obtain appropriate relief. Pro- 37 vided however, that a civil action by the plaintiff father is barred if 38 the pregnancy resulted from criminal conduct by the plaintiff father or he 39 consented to the abortion. Further, a civil action by the plaintiff 40 maternal grandparents is barred if the pregnancy is the result of criminal 41 conduct by a maternal grandparent or a maternal grandparent consented to 42 the abortion. 43 (b) As used in this section, "appropriate relief" shall include: 2 1 (i) Money damages for all mental and physical injuries suffered by 2 the plaintiff as a result of the abortion performed in violation of 3 this section; 4 (ii) Money damages equal to three (3) times the cost of performing 5 the abortion procedure. 6 (4) (a) Hearing. A physician accused of violating this section may 7 request a hearing before the state board of medicine to determine whether 8 the mother's life was endangered by a physical disorder, illness or injury 9 and therefor whether performing the abortion was necessary to save the 10 mother's life. 11 (b) The findings of the board of medicine regarding the issues described 12 in subsection (4)(a) of this section are admissible at the criminal and 13 civil trials of the defendant physician. Upon a motion by the defendant 14 physician, the court shall delay the beginning of the criminal and civil 15 trials for not more than thirty (30) days to permit the hearing to take 16 place. 17 (5) Immunity. A woman upon whom a partial-birth abortion is performed 18 shall not be prosecuted for violations of this section, for conspiracy to vio- 19 late this section, or for violations of section 18-603, 18-605 or 18-606, 20 Idaho Code, in regard to the partial-birth abortion performed. 21 SECTION 2. An emergency existing therefor, which emergency is hereby 22 declared to exist, this act shall be in full force and effect on and after its 23 passage and approval.
STATEMENT OF PURPOSE
RS07503
The purpose is to prohibit, in Idaho, the procedure
known as partial birth abortion, a procedure that ends
the life of a child in the process of being born.
FISCAL NOTE
No fiscal
impact.
CONTACT: Representative Dan Mader 332-1000
Mr. John Keenan 466-0030
STATEMENT OF PURPOSE/ FISCAL NOTE
Bill No. H576