Print Friendly HOUSE BILL NO. 225 – Abortion, coercian prohibited
HOUSE BILL NO. 225
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H0225......................................................by STATE AFFAIRS
ABORTION - Adds to and amends existing law relating to abortion and
contraceptives to provide that it is a criminal act to coerce or attempt to
coerce a woman to obtain an abortion; to provide for recovery of damages by
civil suit; and to provide penalties.
02/22 House intro - 1st rdg - to printing
02/23 Rpt prt - to Health/Wel
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 225
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ABORTION AND CONTRACEPTIVES; AMENDING CHAPTER 6, TITLE 18, IDAHO
3 CODE, BY THE ADDITION OF A NEW SECTION 18-615, IDAHO CODE, TO PROVIDE THAT
4 IT IS A CRIMINAL ACT TO COERCE OR ATTEMPT TO COERCE A WOMAN TO OBTAIN AN
5 ABORTION, TO PROVIDE FOR RECOVERY OF DAMAGES BY CIVIL SUIT AND TO PROVIDE
6 PENALTIES; AND AMENDING SECTION 18-615, IDAHO CODE, TO REDESIGNATE THE
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Chapter 6, Title 18, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 18-615, Idaho Code, and to read as follows:
12 18-615. CRIMINAL ACT TO COERCE OR ATTEMPT TO COERCE A WOMAN TO OBTAIN AN
13 ABORTION. (1) A person violates the provisions of this section when, with the
14 intent of inducing a pregnant woman to have an abortion and without regard to
15 whether the pregnant woman actually has an abortion, that person:
16 (a) Uses force or threats of force against the woman;
17 (b) Commits, attempts to commit or conspires to commit physical harm to
18 the woman;
19 (c) Withdraws, or threatens to withdraw, financial support that the per-
20 son is legally obligated to provide to her or for her benefit;
21 (d) Threatens during pregnancy to take legal action after the child is
22 born to deprive the woman of custody of her child; or
23 (e) Performs any other act which would not in itself materially benefit
24 the actor but which is calculated to harm the pregnant woman materially
25 with respect to her health, safety, business, calling, career, financial
26 condition, reputation or personal relationships.
27 (2) A pregnant woman injured by reason of a person's violation of the
28 provisions of this section may bring a civil suit for recovery of damages for
29 such injury, whether or not the perpetrator is criminally prosecuted or con-
30 victed. In such a civil suit, the pregnant woman shall be entitled to recover
31 her reasonable attorney's fees and costs if she is the prevailing party.
32 (3) Violations of the provisions of this section are classified and pun-
33 ishable as follows:
34 (a) If the act includes physical contact with resulting physical injury
35 to the pregnant woman, the person is guilty of a felony punishable by
36 imprisonment for not more than five (5) years, or a fine of not more than
37 five thousand dollars ($5,000), or by both such imprisonment and fine.
38 (b) If the act does not include physical contact resulting in physical
39 injury to the pregnant woman, the person is guilty of a misdemeanor pun-
40 ishable by imprisonment for not more than six (6) months, or a fine of not
41 more than one thousand dollars ($1,000), or by both such imprisonment and
43 (4) The term "woman" in this section includes a minor female.
1 SECTION 2. That Section 18-615, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 18-61 56. SEVERABILITY. If any one (1) or more provision, section, subsec-
4 tion, sentence, clause, phrase, or word of this chapter or the application
5 thereof to any person or circumstance is found to be unconstitutional, the
6 same is hereby declared to be severable and the balance of this chapter shall
7 remain effective notwithstanding such unconstitutionality. The legislature
8 hereby declares that it would have passed every section of this chapter and
9 each provision, section, subsection, sentence, clause, phrase or word thereof
10 irrespective of the fact that any one (1) or more provision, section, subsec-
11 tion, sentence, clause, phrase or word be declared unconstitutional.
STATEMENT OF PURPOSE
This legislation seeks to make clear that it is illegal to coerce
or otherwise force a woman or girl into aborting her baby.
Research indicates that violence against pregnant women is a
serious problem all across the nation. Many women report that
they felt coerced into abortion and have suffered grievous and
psychological harm in subsequent years. Its intent is to empower
all Idaho mothers to choose life for their preborn children by
helping to prevent coercion in its most well known forms.
There is no fiscal impact to the General Fund.
Name: Rep. Bob Nonini
Sen. Monty Pearce
Sen. Shirley McKague
Rep. Peter Nielsen
Rep. Lynn Luker
Rep. Ken Andrus
Rep. Russ Mathews
STATEMENT OF PURPOSE/FISCAL NOTE H 225