2002 Legislation
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SENATE BILL NO. 1344 – Murder, embryos/fetuses

SENATE BILL NO. 1344

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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-
                                                                        
                                           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 / Fiscal Impact


	                 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