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S1344................................................by JUDICIARY AND RULES MURDER - EMBRYOS/FETUSES - Amends and adds to existing law to provide that murder includes the unlawful killing of a human embryo or fetus under certain conditions; to provide that manslaughter includes the unlawful killing of a human embryo or fetus without malice; to provide definitions; to prohibit the prosecution of certain persons under certain conditions; and to provide that a person commits aggravated battery when, in committing battery upon the person of a pregnant female, that person causes great bodily harm, permanent disability or permanent disfigurement to an embryo or fetus. 01/31 Senate intro - 1st rdg - to printing 02/01 Rpt prt - to Jud 02/19 Rpt out - rec d/p - to 2nd rdg 02/20 2nd rdg - to 3rd rdg 02/25 3rd rdg - PASSED - 28-7-0 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Frasure, Geddes, Goedde, Hawkins, Hill, Ipsen, King-Barrutia, Little, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sorensen, Thorne, Wheeler, Williams NAYS -- Dunklin, Ingram, Keough, Marley, Sims, Stegner, Stennett Absent and excused -- None Floor Sponsor - Bunderson Title apvd - to House 02/26 House intro - 1st rdg - to Jud 03/06 Rpt out - rec d/p - to 2nd rdg 03/07 2nd rdg - to 3rd rdg 03/11 3rd rdg - PASSED - 60-10-0 AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Black, Block, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Higgins, Hornbeck, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Sali, Schaefer, Sellman, Shepherd, Smylie, Stevenson, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- Bieter, Boe, Henbest, Jaquet, Jones, Martinez, Robison, Smith(33), Smith(23), Stone Absent and excused -- None Floor Sponsor - Gould Title apvd - to Senate 03/12 To enrol 03/13 Rpt enrol - Pres signed Sp signed 03/14 To Governor 03/27 Governor signed Session Law Chapter 330 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1344 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CRIMINAL PROCEDURE AND HUMAN EMBRYOS OR FETUSES; AMENDING SECTION 3 18-4001, IDAHO CODE, TO PROVIDE THAT MURDER INCLUDES THE UNLAWFUL KILLING 4 OF A HUMAN EMBRYO OR FETUS UNDER CERTAIN CONDITIONS; AMENDING SECTION 5 18-4006, IDAHO CODE, TO PROVIDE THAT MANSLAUGHTER INCLUDES THE UNLAWFUL 6 KILLING OF A HUMAN EMBRYO OR FETUS WITHOUT MALICE AND CONSISTS OF THREE 7 KINDS; AMENDING CHAPTER 40, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW 8 SECTION 18-4016, IDAHO CODE, TO PROVIDE A DEFINITION OF EMBRYO OR FETUS, 9 TO PROHIBIT THE PROSECUTION OF CERTAIN PERSONS UNDER CERTAIN CONDITIONS 10 AND TO PROVIDE APPLICATION; AMENDING SECTION 18-907, IDAHO CODE, TO PRO- 11 VIDE THAT A PERSON COMMITS AGGRAVATED BATTERY WHO, IN COMMITTING BATTERY 12 UPON THE PERSON OF A PREGNANT FEMALE, CAUSES GREAT BODILY HARM, PERMANENT 13 DISABILITY OR PERMANENT DISFIGUREMENT TO AN EMBRYO OR FETUS, TO PROVIDE A 14 DEFINITION OF "EMBRYO" OR "FETUS," TO PROHIBIT THE PROSECUTION OF CERTAIN 15 PERSONS UNDER CERTAIN CONDITIONS AND TO PROVIDE APPLICATION. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. That Section 18-4001, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 18-4001. MURDER DEFINED. Murder is the unlawful killing of a human being 20 including, but not limited to, a human embryo or fetus, with malice afore- 21 thought or the intentional application of torture to a human being, which 22 results in the death of a human being. Torture is the intentional infliction 23 of extreme and prolonged pain with the intent to cause suffering. It shall 24 also be torture to inflict on a human being extreme and prolonged acts of bru- 25 tality irrespective of proof of intent to cause suffering. The death of a 26 human being caused by such torture is murder irrespective of proof of specific 27 intent to kill; torture causing death shall be deemed the equivalent of intent 28 to kill. 29 SECTION 2. That Section 18-4006, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 18-4006. MANSLAUGHTER DEFINED. Manslaughter is the unlawful killing of a 32 human being including, but not limited to, a human embryo or fetus, without 33 malice. It is of three (3) kinds: 34 1. Voluntary -- upon a sudden quarrel or heat of passion. 35 2. Involuntary -- in the perpetration of or attempt to perpetrate any 36 unlawful act, other than arson, rape, robbery, kidnapping, burglary, or may- 37 hem; or in the commission of a lawful act which might produce death, in an 38 unlawful manner, or without due caution and circumspection; or in the opera- 39 tion of any firearm or deadly weapon in a reckless, careless or negligent man- 40 ner which produces death. 41 3. Vehicular -- in which the operation of a motor vehicle is a signifi- 2 1 cant cause contributing to the death because of: 2 (a) the commission of an unlawful act, not amounting to a felony, with 3 gross negligence; or 4 (b) the commission of a violation of section 18-8004 or 18-8006, Idaho 5 Code; or 6 (c) the commission of an unlawful act, not amounting to a felony, without 7 gross negligence. 8 Notwithstanding any other provision of law, any evidence of conviction 9 under subsection 3.(b) shall be admissible in any civil action for damages 10 resulting from the occurrence. A conviction for the purposes of subsection 11 3.(b) means that the person has pled guilty or has been found guilty, notwith- 12 standing the form of the judgment(s) or withheld judgment(s). 13 SECTION 3. That Chapter 40, 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 18-4016, Idaho Code, and to read as follows: 16 18-4016. DEFINITION OF HUMAN EMBRYO AND FETUS -- PROHIBITING THE PROSECU- 17 TION OF CERTAIN PERSONS. (1) For purposes of this chapter "embryo" or "fetus" 18 shall mean any human in utero. 19 (2) Nothing in this chapter shall be construed to permit the prosecution: 20 (a) Of any person for conduct relating to an abortion for which the con- 21 sent of the pregnant woman, or a person authorized by law to act on her 22 behalf, has been obtained or for which such consent is implied by law; 23 (b) Of any person for any medical treatment of the pregnant woman or her 24 embryo or fetus; or 25 (c) Of any woman with respect to her embryo or fetus. 26 (3) Nothing in this chapter is intended to amend or nullify the provi- 27 sions of chapter 6, title 18, Idaho Code. 28 SECTION 4. That Section 18-907, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 18-907. AGGRAVATED BATTERY DEFINED. (1) A person commits aggravated bat- 31 tery who, in committing battery: 32 (a) Causes great bodily harm, permanent disability or permanent disfig- 33 urement; or 34 (b) Uses a deadly weapon or instrument; or 35 (c) Uses any vitriol, corrosive acid, or a caustic chemical of any 36 nature; or 37 (d) Uses any poison or other noxious or destructive substance or liquid; 38 or 39 (e) Upon the person of a pregnant female, causes great bodily harm, per- 40 manent disability or permanent disfigurement to an embryo or fetus. 41 (2) For purposes of this section the terms "embryo" or "fetus" shall mean 42 any human in utero. 43 (3) Nothing in this section shall be construed to permit the prosecution: 44 (a) Of any person for conduct relating to an abortion for which the con- 45 sent of the pregnant female, or person authorized by law to act on her 46 behalf, has been obtained or for which such consent is implied by law. 47 (b) Of any person for any medical treatment of the pregnant female or her 48 embryo or fetus; or 49 (c) Of any female with respect to her embryo or fetus. 50 (4) Nothing in this chapter is intended to amend or nullify the provi- 51 sions of chapter 6, title 18, Idaho Code.
STATEMENT OF PURPOSE RS 11805C1 This legislation expands Idaho’s criminal code for murder, manslaughter and aggravated battery to include the fetus or embryo of a pregnant woman. It also specifies that this legislation does not apply to Idaho’s abortion statutes. The need for this legislation became apparent when it was found that misdemeanor battery was the likely maximum charge that could be made against a man in Idaho, who threw a pregnant woman to the ground and brutally and repeatedly kicked her in the stomach, causing the death of her unborn child. Fiscal Impact The prosecution may charge and a judge may sentence a person found guilty under this statute to a longer jail term and punishment greater than allowed under existing statues, thus resulting in increased costs. However, since: (1) the prosecuting attorney will base charges on the severity of the case, (2) the judge has significant latitude in imposing sentence and (3) the frequency that such cases will come before the court cannot be determined, no estimate of fiscal impact can be made. Contact persons: Senator Hal Bunderson Phone: 332-1000 Representative Celia Gould - 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE S 1344