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S1519................................................by JUDICIARY AND RULES FETUS/EMBRYO KILLED - PROSECUTION - Amends existing law to prohibit the prosecution of certain persons when an embryo or fetus is killed; and to clarify when the prosecution of certain persons is prohibited. 03/11 Senate intro - 1st rdg - to printing 03/12 Rpt prt - to Jud Rpt out - rec d/p - to 2nd rdg Rls susp - PASSED - 31-4-0 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sorensen, Stegner, Thorne, Wheeler, Williams NAYS -- Dunklin, Keough, Sims, Stennett Absent and excused -- None Floor Sponsor - Bunderson Title apvd - to House 03/13 House intro - 1st rdg - to Jud 03/14 Rpt out - rec d/p - to 2nd rdg 03/15 2nd rdg - to 3rd rdg Rls susp - PASSED - 64-2-4 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Block, Boe, Bolz, Bradford, Callister, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smylie, Stevenson, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- Schaefer, Smith(33) Absent and excused -- Aikele, Bruneel, Smith(23), Stone Floor Sponsor - Gould Title apvd - to Senate 03/15 To enrol 03/18 Rpt enrol - Pres signed - Sp signed 03/18 To Governor 03/27 Governor signed Session Law Chapter 337 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1519 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO CRIMINAL PROCEDURE AND HUMAN EMBRYOS OR FETUSES; AMENDING SECTION 3 18-4016, IDAHO CODE, AS ADDED BY SECTION 3, SENATE BILL NO. 1344, ENACTED 4 BY THE SECOND REGULAR SESSION OF THE FIFTY-SIXTH IDAHO LEGISLATURE, TO 5 PROHIBIT THE PROSECUTION OF CERTAIN PERSONS ARISING FROM THE KILLING OF AN 6 EMBRYO OR FETUS; AND AMENDING SECTION 18-907, IDAHO CODE, AS AMENDED BY 7 SECTION 4, SENATE BILL NO. 1344, ENACTED BY THE SECOND REGULAR SESSION OF 8 THE FIFTY-SIXTH IDAHO LEGISLATURE, TO CLARIFY WHEN THE PROSECUTION OF CER- 9 TAIN PERSONS IS PROHIBITED. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 18-4016, Idaho Code, as added by Section 3, Sen- 12 ate Bill No. 1344, as enacted by the Second Regular Session of the Fifty-sixth 13 Idaho Legislature, be, and the same is hereby amended to read as follows: 14 18-4016. DEFINITION OF HUMAN EMBRYO AND FETUS -- PROHIBITING THE PROSECU- 15 TION OF CERTAIN PERSONS. (1) For purposes of this chapter "embryo" or "fetus" 16 shall mean any human in utero. 17 (2) Nothing in this chapter, arising from the killing of an embryo or 18 fetus, shall be construed to permit the prosecution: 19 (a) Of any person for conduct relating to an abortion for which the con- 20 sent of the pregnant woman, or a person authorized by law to act on her 21 behalf, has been obtained or for which such consent is implied by law; 22 (b) Of any person for any medical treatment of the pregnant woman or her 23 embryo or fetus; or 24 (c) Of any woman with respect to her embryo or fetus. 25 (3) Nothing in this chapter is intended to amend or nullify the provi- 26 sions of chapter 6, title 18, Idaho Code. 27 SECTION 2. That Section 18-907, Idaho Code, as amended by Section 4, Sen- 28 ate Bill No. 1344, as enacted by the Second Regular Session of the Fifty-sixth 29 Idaho Legislature, be, and the same is hereby 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 2 1 any human in utero. 2 (3)Nothing in this sectionThere shall beconstrued to permit theno 3 prosecution under subsection (1)(e) of this section: 4 (a) Of any person for conduct relating to an abortion for which the con- 5 sent of the pregnant female, or person authorized by law to act on her 6 behalf, has been obtained or for which such consent is implied by law. 7 (b) Of any person for any medical treatment of the pregnant female or her 8 embryo or fetus; or 9 (c) Of any female with respect to her embryo or fetus. 10 (4) Nothing in this chapter is intended to amend or nullify the provi- 11 sions of chapter 6, title 18, Idaho Code.
STATEMENT OF PURPOSE RS 12195C1 This legislation is a trailer bill to S1344. S1344 adds the killing or inflicting of permanent injury on a human embryo or fetus to Idaho's murder and manslaughter or aggravated battery statutes, as appropriate. It also specifically excludes the abortion statues from applying to this legislation. However, the provision of S1344 that precludes prosecution of certain persons was inadvertently drafted in a manner that could be interpreted to exclude from prosecution persons, who while providing "any medical treatment," committed an unlawful act that resulted in the killing, or committing an aggravated battery upon, a pregnant woman. This trailer bill makes it clear that committing such unlawful acts are not exempt from prosecution. FISCAL IMPACT None Contact Name: Senator Hal Bunderson Phone: 332-1000 Representative Celia Gould STATEMENT OF PURPOSE/FISCAL NOTE S 1519