2007 Legislation
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HOUSE BILL NO. 225 – Abortion, coercian prohibited

HOUSE BILL NO. 225

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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
  7        SECTION.
                                                                        
  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
 42        fine.
 43        (4)  The term "woman" in this section includes a minor female.
                                                                        
                                       2
                                                                        
  1        SECTION  2.  That  Section  18-615, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        18-6156.  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 / Fiscal Impact



                      STATEMENT OF PURPOSE

                            RS 17051

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.

                                
                         FISCAL IMPACT

There is no fiscal impact to the General Fund. 
                                
                              
                                
Contact
Name: Rep. Bob Nonini 
Phone: 332-1000
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