Print Friendly SENATE BILL NO. 1344 – Murder, embryos/fetuses
SENATE BILL NO. 1344
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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
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,
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.
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
03/14 To Governor
03/27 Governor signed
Session Law Chapter 330
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN 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-
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;
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
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.
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.
Senator Hal Bunderson
Representative Celia Gould - 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 1344