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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 - 2002
IN 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 section There shall be construed to permit the no
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