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S1082aa....................................................by STATE AFFAIRS
ABORTION - PARENTAL CONSENT - Amends, repeals and adds to existing law
relating to abortion to revise a public records exemption; to provide for
criminal act state of mind; to provide procedures for obtaining consent for
abortions for minors; to provide for reporting by courts; and to provide
statistical records.
02/02 Senate intro - 1st rdg - to printing
02/05 Rpt prt - to St Aff
02/12 Rpt out - to 14th Ord
02/16 Rpt out amen - to engros
02/19 Rpt engros - 1st rdg - to 2nd rdg as amen
02/20 2nd rdg - to 3rd rdg as amen
02/26 3rd rdg as amen - PASSED - 23-12-0
AYES -- Bair, Bastian, Bilyeu, Cameron, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson,
Little, Lodge, McGee, McKague, McKenzie, Pearce, Richardson, Siddoway
NAYS -- Andreason, Broadsword, Burkett, Coiner, Kelly, Keough,
Langhorst, Malepeai, Schroeder, Stegner, Stennett, Werk
Absent and excused -- None
Floor Sponsor - Fulcher
Title apvd - to House
02/27 House intro - 1st rdg - to Health/Wel
03/09 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 53-14-3
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Block,
Boe, Bolz, Brackett, Bradford, Chadderdon, Clark, Collins, Crane,
Durst, Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest,
Henderson, Kren, Labrador, Lake, Loertscher, Luker, Marriott,
Mathews, Mortimer, Moyle, Nielsen, Nonini, Patrick, Raybould, Ring,
Roberts, Ruchti, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Shively, Snodgrass, Stevenson, Thayn, Vander Woude, Wills, Wood(27),
Wood(35), Mr. Speaker
NAYS -- Bock, Chavez, Chew, Jaquet, Killen, King, LeFavour,
Pasley-Stuart, Pence, Ringo, Rusche, Sayler, Smith(30), Trail
Absent and excused -- Black, McGeachin, Smith(24)
Floor Sponsor - Loertscher
Title apvd - to Senate
03/19 To enrol
03/20 Rpt enrol - Pres signed - Sp signed
03/21 To Governor
03/27 Governor signed
Session Law Chapter 193
Effective: 03/27/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1082
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ABORTION; REPEALING CHAPTER 393, LAWS OF 2005, RELATING TO ABOR-
3 TION; AMENDING SECTION 9-340G, IDAHO CODE, TO REVISE A PUBLIC RECORDS
4 EXEMPTION AND TO PROVIDE FOR A CORRECT CODE REFERENCE; AMENDING SECTION
5 18-605, IDAHO CODE, TO PROVIDE FOR CRIMINAL ACT STATE OF MIND; REPEALING
6 SECTION 18-609A, IDAHO CODE, RELATING TO CONSENT REQUIRED FOR ABORTIONS
7 FOR MINORS; AMENDING CHAPTER 6, TITLE 18, IDAHO CODE, BY THE ADDITION OF
8 NEW SECTIONS 18-609A, 18-609F AND 18-609G, IDAHO CODE, TO PROVIDE PROCE-
9 DURES FOR OBTAINING CONSENT FOR ABORTIONS FOR MINORS, TO PROVIDE FOR
10 REPORTING BY COURTS AND TO PROVIDE FOR STATISTICAL RECORDS; AMENDING SEC-
11 TION 18-614, IDAHO CODE, TO DELETE PROVISIONS RELATING TO AFFIRMATIVE
12 DEFENSE AND A MEDICAL EMERGENCY AND TO MAKE TECHNICAL CORRECTIONS; PROVID-
13 ING SEVERABILITY; AND DECLARING AN EMERGENCY.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Chapter 393, Laws of 2005, be, and the same is hereby
16 repealed.
17 SECTION 2. That Section 9-340G, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 9-340G. EXEMPTION FROM DISCLOSURE -- RECORDS OF COURT PROCEEDINGS REGARD-
20 ING JUDICIAL AUTHORIZATION OF ABORTION PROCEDURES FOR MINORS. In accordance
21 with section 18-609A, Idaho Code, the following records are exempt from public
22 disclosure: all records contained in court files of judicial proceedings
23 regarding judicial authorization of a minor's consent to an abortion or the
24 performance of abortion procedures upon a minor who would otherwise have to
25 obtain consent for the procedure from a parent or guardian, in addition to
26 records of any judicial proceedings filed arising under section 18-609A(3),
27 Idaho Code, are exempt from disclosure.
28 SECTION 3. That Section 18-605, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 18-605. UNLAWFUL ABORTIONS -- PROCUREMENT OF -- PENALTY. (1) Every person
31 not licensed or certified to provide health care in Idaho who knowingly,
32 except as permitted by this chapter, provides, supplies or administers any
33 medicine, drug or substance to any woman or uses or employs any instrument or
34 other means whatever upon any then-pregnant woman with intent thereby to cause
35 or perform an abortion shall be guilty of a felony and shall be fined not to
36 exceed five thousand dollars ($5,000) and/or imprisoned in the state prison
37 for not less than two (2) and not more than five (5) years.
38 (2) Any person licensed or certified to provide health care pursuant to
39 title 54, Idaho Code, and who, except as permitted by the provisions of this
40 chapter, provides, supplies or administers any medicine, drug or substance to
2
1 any woman or uses or employs any instrument or other means whatever upon any
2 then-pregnant woman with intent to cause or perform an abortion shall:
3 (a) For the first violation, be subject to professional discipline and be
4 assessed a civil penalty of not less than one thousand dollars ($1,000),
5 payable to the board granting such person's license or certification;
6 (b) For the second violation, have their license or certification to
7 practice suspended for a period of not less than six (6) months and be
8 assessed a civil penalty of not less than two thousand five hundred dol-
9 lars ($2,500), payable to the board granting such person's license or cer-
10 tification; and
11 (c) For each subsequent violation, have their license or certification to
12 practice revoked and be assessed a civil penalty of not less than five
13 thousand dollars ($5,000), payable to the board granting such person's
14 license or certification.
15 (3) Any person who is licensed or certified to provide health care pursu-
16 ant to title 54, Idaho Code, and who knowingly violates the provisions of this
17 chapter is guilty of a felony punishable as set forth in subsection (1) of
18 this section, separate from and in addition to the administrative penalties
19 set forth in subsection (2) of this section.
20 SECTION 4. That Section 18-609A, Idaho Code, be, and the same is hereby
21 repealed.
22 SECTION 5. That Chapter 6, Title 18, Idaho Code, be, and the same is
23 hereby amended by the addition thereto of NEW SECTIONS, to be known and desig-
24 nated as Sections 18-609A, 18-609F and 18-609G, Idaho Code, and to read as
25 follows:
26 18-609A. CONSENT REQUIRED FOR ABORTIONS FOR MINORS. (1) Except as other-
27 wise provided in this section, a person shall not knowingly perform an abor-
28 tion on a pregnant unemancipated minor unless the attending physician has
29 secured the written consent from one (1) of the minor's parents or the minor's
30 guardian or conservator.
31 (2) A judge of the district court shall, on petition or motion, and after
32 an appropriate hearing, authorize a physician to perform the abortion if the
33 judge determines, by clear and convincing evidence, that:
34 (a) The pregnant minor is mature and capable of giving informed consent
35 to the proposed abortion; or
36 (b) The performance of an abortion would be in her best interests.
37 (3) The pregnant minor may participate in the court proceedings on her
38 own behalf. The court may appoint a guardian ad litem for her. The court shall
39 provide her with counsel unless she appears through private counsel.
40 (4) Proceedings in the court under this section are confidential and have
41 precedence over other pending matters. A judge who conducts proceedings under
42 this section shall make in writing specific factual findings and legal con-
43 clusions supporting the decision and shall order a confidential record of the
44 evidence to be maintained including the judge's own findings and conclusions.
45 The minor may file the petition using a fictitious name. All records contained
46 in court files of judicial proceedings arising under the provisions of this
47 section shall be confidential and exempt from disclosure pursuant to section
48 9-340G, Idaho Code. Dockets and other court records shall be maintained and
49 court proceedings undertaken so that the names and identities of the parties
50 to actions brought pursuant to this section will not be disclosed to the pub-
51 lic.
52 (5) The court shall hold the hearing within forty-eight (48) hours,
3
1 excluding weekends and holidays, after the petition is filed, and shall issue
2 its ruling at the conclusion of the hearing. If the court fails to issue its
3 ruling at the conclusion of the hearing, the petition is deemed to have been
4 granted and the consent requirement is waived.
5 (6) An expedited confidential appeal is available to a pregnant minor for
6 whom the court denies an order authorizing an abortion without parental con-
7 sent. A minor shall file her notice of appeal within five (5) days, excluding
8 weekends and holidays, after her petition was denied by the district court.
9 The appellate court shall hold the hearing within forty-eight (48) hours,
10 excluding weekends and holidays, after the notice of appeal is filed and shall
11 issue its ruling at the conclusion of the hearing. If the appellate court
12 fails to issue its ruling at the conclusion of the hearing, the petition is
13 deemed to have been granted and the consent requirement is waived. Filing fees
14 are not required of the pregnant minor at either the district court or the
15 appellate level.
16 (7) Parental consent or judicial authorization is not required under this
17 section if either:
18 (a) The pregnant minor certifies to the attending physician that the
19 pregnancy resulted from rape as defined in section 18-6101, Idaho Code,
20 excepting subsection 1. thereof, or sexual conduct with the minor by the
21 minor's parent, stepparent, uncle, grandparent, sibling, adoptive parent,
22 legal guardian or foster parent.
23 (b) A medical emergency exists for the minor and the attending physician
24 records the symptoms and diagnosis upon which such judgment was made in
25 the minor's medical record.
26 18-609F. REPORTING BY COURTS. The administrative director of the courts
27 shall compile statistics for each calendar year, accessible to the public,
28 including:
29 (1) The total number of petitions filed pursuant to section 18-609A,
30 Idaho Code; and
31 (2) The number of such petitions filed where a guardian ad litem was
32 requested and the number where a guardian ad litem or other person acting in
33 such capacity was appointed; and
34 (3) The number of petitions where counsel appeared for the minor without
35 court appointment; and
36 (4) The number of petitions where counsel was requested by the minor and
37 the number where counsel was appointed by the court; and
38 (5) The number of such petitions for which the right to self-consent was
39 granted; and
40 (6) The number of such petitions for which the court granted its
41 informed consent; and
42 (7) The number of such petitions which were denied; and
43 (8) The number of such petitions which were withdrawn by the minor; and
44 (9) For categories described in subsections (3), (4) and (7) of this sec-
45 tion, the number of appeals taken from the court's order in each category; and
46 (10) For each of the categories set out in subsection (9) of this section,
47 the number of cases for which the district court's order was affirmed and the
48 number of cases for which the district court's order was reversed; and
49 (11) The age of the minor for each petition; and
50 (12) The time between the filing of the petition and the hearing of each
51 petition; and
52 (13) The time between the hearing and the decision by the court for each
53 petition; and
54 (14) The time between the decision and filing a notice of appeal for each
4
1 case, if any; and
2 (15) The time of extension granted by the court in each case, if any.
3 18-609G. STATISTICAL RECORDS. (1) The bureau of vital statistics of the
4 department of health and welfare shall, in addition to other information
5 required pursuant to section 39-261, Idaho Code, require the complete and
6 accurate reporting of information relevant to each abortion performed upon a
7 minor which shall include, at a minimum, the following:
8 (a) Whether the abortion was performed following the physician's receipt
9 of:
10 (i) The written informed consent of a parent, guardian or conserva-
11 tor and the minor; or
12 (ii) The written informed consent of an emancipated minor for her-
13 self; or
14 (iii) The written informed consent of a minor for herself pursuant to
15 a court order granting the minor the right to self-consent; or
16 (iv) The written informed consent of a court pursuant to an order
17 which includes a finding that the performance of the abortion,
18 despite the absence of the consent of a parent, is in the best inter-
19 ests of the minor; or
20 (v) Certification from the pregnant minor to the attending physi-
21 cian pursuant to section 18-609A, Idaho Code, that parental consent
22 is not required because the pregnancy resulted from rape as defined
23 in section 18-6101, Idaho Code, excepting subsection 1. thereof, or
24 sexual conduct with the minor by the minor's parent, stepparent,
25 uncle, grandparent, sibling, adoptive parent, legal guardian or fos-
26 ter parent.
27 (b) If the abortion was performed due to a medical emergency and without
28 consent from a parent, guardian or conservator or court order, the diagno-
29 sis upon which the attending physician determined that the abortion was
30 immediately necessary due to a medical emergency.
31 (2) The knowing failure of the attending physician to perform any one (1)
32 or more of the acts required under this section is grounds for discipline pur-
33 suant to section 54-1814(6), Idaho Code, and shall subject the physician to
34 assessment of a civil penalty of one hundred dollars ($100) for each month or
35 portion thereof that each such failure continues, payable to the bureau of
36 vital statistics of the department of health and welfare, but such failure
37 shall not constitute a criminal act.
38 SECTION 6. That Section 18-614, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 18-614. DEFENSES TO PROSECUTION. (1) No physician shall be subject to
41 criminal or administrative liability for causing or performing an abortion
42 upon a minor in violation of any provision of subsection (1) of section
43 18-609A, Idaho Code, if prior to causing or performing the abortion the physi-
44 cian obtains either positive identification or other documentary evidence from
45 which a reasonable person would have concluded that the woman seeking the
46 abortion was either an emancipated minor or was not then a minor and if the
47 physician retained, at the time of receiving the evidence, a legible photocopy
48 of such evidence in the physician's office file for the woman. This defense is
49 an affirmative defense that shall be raised by the defendant and is not an
50 element of any crime or administrative violation that must be proved by the
51 state.
52 (2) If, due to a medical emergency as defined in subsection (5) of sec-
5
1 tion 18-609A, Idaho Code, there was insufficient time for the physician to
2 confirm that the woman, due to her age, did not then come within the provi-
3 sions of subsection (1) of section 18-609A, Idaho Code, the physician shall
4 not be subject to criminal or administrative liability for performing the
5 abortion in violation of subsection (1)(a)(v) of section 18-609A, Idaho Code,
6 if, as soon as possible but in no event longer than twenty-four (24) hours
7 after performing the abortion, the physician obtained positive identification
8 or other documentary evidence from which a reasonable person would have con-
9 cluded that the woman seeking the abortion was either an emancipated minor or
10 was not then a minor and if the physician retained, at the time of receiving
11 the evidence, a legible photocopy of such evidence in the physician's office
12 file for the woman. This defense is an affirmative defense that shall be
13 raised by the defendant and is not an element of any crime or administrative
14 violation that must be proved by the state.
15 (3) If after performing an abortion under circumstances of a medical
16 emergency as defined in subsection (5) of section 18-609A, Idaho Code, the
17 physician, after reasonable inquiry, is unable to determine whether or not the
18 woman is a minor, the physician shall not be subject to criminal, civil or
19 administrative liability for taking any action that would have been required
20 by subsection (1)(a)(v) of section 18-609A, Idaho Code, if the woman had been
21 a minor at the time the abortion was caused or performed.
22 (42) For purposes of this section, "positive identification" means a law-
23 fully issued state, district, territorial, possession, provincial, national or
24 other equivalent government driver's license, identification card or military
25 card, bearing the person's photograph and date of birth, the person's valid
26 passport or a certified copy of the person's birth certificate.
27 SECTION 7. SEVERABILITY. If any one or more provision, section, subsec-
28 tion, sentence, clause, phrase or word of this act or the application thereof
29 to any person or circumstance, or application to any other section of Idaho
30 Code is found to be unconstitutional, the same is hereby declared to be sever-
31 able and the balance of this act shall remain effective notwithstanding such
32 unconstitutionality. The Legislature hereby declares that it would have passed
33 this act, and each provision, section, subsection, sentence, clause, phrase or
34 word thereof, irrespective of the fact that any one or more provision, sec-
35 tion, subsection, sentence, clause, phrase or word be declared unconstitu-
36 tional.
37 SECTION 8. An emergency existing therefor, which emergency is hereby
38 declared to exist, this act shall be in full force and effect on and after its
39 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
Moved by Fulcher
Seconded by McKenzie
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1082
1 AMENDMENT TO SECTION 3
2 On page 1 of the printed bill, in line 39, following "who" insert: "know-
3 ingly".
4 AMENDMENTS TO SECTION 5
5 On page 2, in line 40, delete "are confidential" and insert: "shall be
6 closed"; and on page 4, delete line 16 and insert:
7 "(iv) The court order".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE SENATE
SENATE BILL NO. 1082, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ABORTION; REPEALING CHAPTER 393, LAWS OF 2005, RELATING TO ABOR-
3 TION; AMENDING SECTION 9-340G, IDAHO CODE, TO REVISE A PUBLIC RECORDS
4 EXEMPTION AND TO PROVIDE FOR A CORRECT CODE REFERENCE; AMENDING SECTION
5 18-605, IDAHO CODE, TO PROVIDE FOR CRIMINAL ACT STATE OF MIND; REPEALING
6 SECTION 18-609A, IDAHO CODE, RELATING TO CONSENT REQUIRED FOR ABORTIONS
7 FOR MINORS; AMENDING CHAPTER 6, TITLE 18, IDAHO CODE, BY THE ADDITION OF
8 NEW SECTIONS 18-609A, 18-609F AND 18-609G, IDAHO CODE, TO PROVIDE PROCE-
9 DURES FOR OBTAINING CONSENT FOR ABORTIONS FOR MINORS, TO PROVIDE FOR
10 REPORTING BY COURTS AND TO PROVIDE FOR STATISTICAL RECORDS; AMENDING SEC-
11 TION 18-614, IDAHO CODE, TO DELETE PROVISIONS RELATING TO AFFIRMATIVE
12 DEFENSE AND A MEDICAL EMERGENCY AND TO MAKE TECHNICAL CORRECTIONS; PROVID-
13 ING SEVERABILITY; AND DECLARING AN EMERGENCY.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Chapter 393, Laws of 2005, be, and the same is hereby
16 repealed.
17 SECTION 2. That Section 9-340G, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 9-340G. EXEMPTION FROM DISCLOSURE -- RECORDS OF COURT PROCEEDINGS REGARD-
20 ING JUDICIAL AUTHORIZATION OF ABORTION PROCEDURES FOR MINORS. In accordance
21 with section 18-609A, Idaho Code, the following records are exempt from public
22 disclosure: all records contained in court files of judicial proceedings
23 regarding judicial authorization of a minor's consent to an abortion or the
24 performance of abortion procedures upon a minor who would otherwise have to
25 obtain consent for the procedure from a parent or guardian, in addition to
26 records of any judicial proceedings filed arising under section 18-609A(3),
27 Idaho Code, are exempt from disclosure.
28 SECTION 3. That Section 18-605, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 18-605. UNLAWFUL ABORTIONS -- PROCUREMENT OF -- PENALTY. (1) Every person
31 not licensed or certified to provide health care in Idaho who knowingly,
32 except as permitted by this chapter, provides, supplies or administers any
33 medicine, drug or substance to any woman or uses or employs any instrument or
34 other means whatever upon any then-pregnant woman with intent thereby to cause
35 or perform an abortion shall be guilty of a felony and shall be fined not to
36 exceed five thousand dollars ($5,000) and/or imprisoned in the state prison
37 for not less than two (2) and not more than five (5) years.
38 (2) Any person licensed or certified to provide health care pursuant to
39 title 54, Idaho Code, and who knowingly, except as permitted by the provisions
40 of this chapter, provides, supplies or administers any medicine, drug or sub-
2
1 stance to any woman or uses or employs any instrument or other means whatever
2 upon any then-pregnant woman with intent to cause or perform an abortion
3 shall:
4 (a) For the first violation, be subject to professional discipline and be
5 assessed a civil penalty of not less than one thousand dollars ($1,000),
6 payable to the board granting such person's license or certification;
7 (b) For the second violation, have their license or certification to
8 practice suspended for a period of not less than six (6) months and be
9 assessed a civil penalty of not less than two thousand five hundred dol-
10 lars ($2,500), payable to the board granting such person's license or cer-
11 tification; and
12 (c) For each subsequent violation, have their license or certification to
13 practice revoked and be assessed a civil penalty of not less than five
14 thousand dollars ($5,000), payable to the board granting such person's
15 license or certification.
16 (3) Any person who is licensed or certified to provide health care pursu-
17 ant to title 54, Idaho Code, and who knowingly violates the provisions of this
18 chapter is guilty of a felony punishable as set forth in subsection (1) of
19 this section, separate from and in addition to the administrative penalties
20 set forth in subsection (2) of this section.
21 SECTION 4. That Section 18-609A, Idaho Code, be, and the same is hereby
22 repealed.
23 SECTION 5. That Chapter 6, Title 18, Idaho Code, be, and the same is
24 hereby amended by the addition thereto of NEW SECTIONS, to be known and desig-
25 nated as Sections 18-609A, 18-609F and 18-609G, Idaho Code, and to read as
26 follows:
27 18-609A. CONSENT REQUIRED FOR ABORTIONS FOR MINORS. (1) Except as other-
28 wise provided in this section, a person shall not knowingly perform an abor-
29 tion on a pregnant unemancipated minor unless the attending physician has
30 secured the written consent from one (1) of the minor's parents or the minor's
31 guardian or conservator.
32 (2) A judge of the district court shall, on petition or motion, and after
33 an appropriate hearing, authorize a physician to perform the abortion if the
34 judge determines, by clear and convincing evidence, that:
35 (a) The pregnant minor is mature and capable of giving informed consent
36 to the proposed abortion; or
37 (b) The performance of an abortion would be in her best interests.
38 (3) The pregnant minor may participate in the court proceedings on her
39 own behalf. The court may appoint a guardian ad litem for her. The court shall
40 provide her with counsel unless she appears through private counsel.
41 (4) Proceedings in the court under this section shall be closed and have
42 precedence over other pending matters. A judge who conducts proceedings under
43 this section shall make in writing specific factual findings and legal con-
44 clusions supporting the decision and shall order a confidential record of the
45 evidence to be maintained including the judge's own findings and conclusions.
46 The minor may file the petition using a fictitious name. All records contained
47 in court files of judicial proceedings arising under the provisions of this
48 section shall be confidential and exempt from disclosure pursuant to section
49 9-340G, Idaho Code. Dockets and other court records shall be maintained and
50 court proceedings undertaken so that the names and identities of the parties
51 to actions brought pursuant to this section will not be disclosed to the pub-
52 lic.
3
1 (5) The court shall hold the hearing within forty-eight (48) hours,
2 excluding weekends and holidays, after the petition is filed, and shall issue
3 its ruling at the conclusion of the hearing. If the court fails to issue its
4 ruling at the conclusion of the hearing, the petition is deemed to have been
5 granted and the consent requirement is waived.
6 (6) An expedited confidential appeal is available to a pregnant minor for
7 whom the court denies an order authorizing an abortion without parental con-
8 sent. A minor shall file her notice of appeal within five (5) days, excluding
9 weekends and holidays, after her petition was denied by the district court.
10 The appellate court shall hold the hearing within forty-eight (48) hours,
11 excluding weekends and holidays, after the notice of appeal is filed and shall
12 issue its ruling at the conclusion of the hearing. If the appellate court
13 fails to issue its ruling at the conclusion of the hearing, the petition is
14 deemed to have been granted and the consent requirement is waived. Filing fees
15 are not required of the pregnant minor at either the district court or the
16 appellate level.
17 (7) Parental consent or judicial authorization is not required under this
18 section if either:
19 (a) The pregnant minor certifies to the attending physician that the
20 pregnancy resulted from rape as defined in section 18-6101, Idaho Code,
21 excepting subsection 1. thereof, or sexual conduct with the minor by the
22 minor's parent, stepparent, uncle, grandparent, sibling, adoptive parent,
23 legal guardian or foster parent.
24 (b) A medical emergency exists for the minor and the attending physician
25 records the symptoms and diagnosis upon which such judgment was made in
26 the minor's medical record.
27 18-609F. REPORTING BY COURTS. The administrative director of the courts
28 shall compile statistics for each calendar year, accessible to the public,
29 including:
30 (1) The total number of petitions filed pursuant to section 18-609A,
31 Idaho Code; and
32 (2) The number of such petitions filed where a guardian ad litem was
33 requested and the number where a guardian ad litem or other person acting in
34 such capacity was appointed; and
35 (3) The number of petitions where counsel appeared for the minor without
36 court appointment; and
37 (4) The number of petitions where counsel was requested by the minor and
38 the number where counsel was appointed by the court; and
39 (5) The number of such petitions for which the right to self-consent was
40 granted; and
41 (6) The number of such petitions for which the court granted its
42 informed consent; and
43 (7) The number of such petitions which were denied; and
44 (8) The number of such petitions which were withdrawn by the minor; and
45 (9) For categories described in subsections (3), (4) and (7) of this sec-
46 tion, the number of appeals taken from the court's order in each category; and
47 (10) For each of the categories set out in subsection (9) of this section,
48 the number of cases for which the district court's order was affirmed and the
49 number of cases for which the district court's order was reversed; and
50 (11) The age of the minor for each petition; and
51 (12) The time between the filing of the petition and the hearing of each
52 petition; and
53 (13) The time between the hearing and the decision by the court for each
54 petition; and
4
1 (14) The time between the decision and filing a notice of appeal for each
2 case, if any; and
3 (15) The time of extension granted by the court in each case, if any.
4 18-609G. STATISTICAL RECORDS. (1) The bureau of vital statistics of the
5 department of health and welfare shall, in addition to other information
6 required pursuant to section 39-261, Idaho Code, require the complete and
7 accurate reporting of information relevant to each abortion performed upon a
8 minor which shall include, at a minimum, the following:
9 (a) Whether the abortion was performed following the physician's receipt
10 of:
11 (i) The written informed consent of a parent, guardian or conserva-
12 tor and the minor; or
13 (ii) The written informed consent of an emancipated minor for her-
14 self; or
15 (iii) The written informed consent of a minor for herself pursuant to
16 a court order granting the minor the right to self-consent; or
17 (iv) The court order which includes a finding that the performance
18 of the abortion, despite the absence of the consent of a parent, is
19 in the best interests of the minor; or
20 (v) Certification from the pregnant minor to the attending physi-
21 cian pursuant to section 18-609A, Idaho Code, that parental consent
22 is not required because the pregnancy resulted from rape as defined
23 in section 18-6101, Idaho Code, excepting subsection 1. thereof, or
24 sexual conduct with the minor by the minor's parent, stepparent,
25 uncle, grandparent, sibling, adoptive parent, legal guardian or fos-
26 ter parent.
27 (b) If the abortion was performed due to a medical emergency and without
28 consent from a parent, guardian or conservator or court order, the diagno-
29 sis upon which the attending physician determined that the abortion was
30 immediately necessary due to a medical emergency.
31 (2) The knowing failure of the attending physician to perform any one (1)
32 or more of the acts required under this section is grounds for discipline pur-
33 suant to section 54-1814(6), Idaho Code, and shall subject the physician to
34 assessment of a civil penalty of one hundred dollars ($100) for each month or
35 portion thereof that each such failure continues, payable to the bureau of
36 vital statistics of the department of health and welfare, but such failure
37 shall not constitute a criminal act.
38 SECTION 6. That Section 18-614, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 18-614. DEFENSES TO PROSECUTION. (1) No physician shall be subject to
41 criminal or administrative liability for causing or performing an abortion
42 upon a minor in violation of any provision of subsection (1) of section
43 18-609A, Idaho Code, if prior to causing or performing the abortion the physi-
44 cian obtains either positive identification or other documentary evidence from
45 which a reasonable person would have concluded that the woman seeking the
46 abortion was either an emancipated minor or was not then a minor and if the
47 physician retained, at the time of receiving the evidence, a legible photocopy
48 of such evidence in the physician's office file for the woman. This defense is
49 an affirmative defense that shall be raised by the defendant and is not an
50 element of any crime or administrative violation that must be proved by the
51 state.
52 (2) If, due to a medical emergency as defined in subsection (5) of sec-
5
1 tion 18-609A, Idaho Code, there was insufficient time for the physician to
2 confirm that the woman, due to her age, did not then come within the provi-
3 sions of subsection (1) of section 18-609A, Idaho Code, the physician shall
4 not be subject to criminal or administrative liability for performing the
5 abortion in violation of subsection (1)(a)(v) of section 18-609A, Idaho Code,
6 if, as soon as possible but in no event longer than twenty-four (24) hours
7 after performing the abortion, the physician obtained positive identification
8 or other documentary evidence from which a reasonable person would have con-
9 cluded that the woman seeking the abortion was either an emancipated minor or
10 was not then a minor and if the physician retained, at the time of receiving
11 the evidence, a legible photocopy of such evidence in the physician's office
12 file for the woman. This defense is an affirmative defense that shall be
13 raised by the defendant and is not an element of any crime or administrative
14 violation that must be proved by the state.
15 (3) If after performing an abortion under circumstances of a medical
16 emergency as defined in subsection (5) of section 18-609A, Idaho Code, the
17 physician, after reasonable inquiry, is unable to determine whether or not the
18 woman is a minor, the physician shall not be subject to criminal, civil or
19 administrative liability for taking any action that would have been required
20 by subsection (1)(a)(v) of section 18-609A, Idaho Code, if the woman had been
21 a minor at the time the abortion was caused or performed.
22 (42) For purposes of this section, "positive identification" means a law-
23 fully issued state, district, territorial, possession, provincial, national or
24 other equivalent government driver's license, identification card or military
25 card, bearing the person's photograph and date of birth, the person's valid
26 passport or a certified copy of the person's birth certificate.
27 SECTION 7. SEVERABILITY. If any one or more provision, section, subsec-
28 tion, sentence, clause, phrase or word of this act or the application thereof
29 to any person or circumstance, or application to any other section of Idaho
30 Code is found to be unconstitutional, the same is hereby declared to be sever-
31 able and the balance of this act shall remain effective notwithstanding such
32 unconstitutionality. The Legislature hereby declares that it would have passed
33 this act, and each provision, section, subsection, sentence, clause, phrase or
34 word thereof, irrespective of the fact that any one or more provision, sec-
35 tion, subsection, sentence, clause, phrase or word be declared unconstitu-
36 tional.
37 SECTION 8. An emergency existing therefor, which emergency is hereby
38 declared to exist, this act shall be in full force and effect on and after its
39 passage and approval.
STATEMENT OF PURPOSE
RS 16822C1
This bill would reinstate parental consent requirements before a
minor girl can obtain a legal abortion in Idaho.
FISCAL NOTE
Enactment of the legislation should result in saving money now
being expended as a result of the litigation (appeal) now pending
before the U.S. 9th Circuit Court of Appeals.
Contact
Senator Russ Fulcher
Phone: 332-1340
Representative Tom Loertscher
Phone: 332-1145
STATEMENT OF PURPOSE/FISCAL NOTE S 1082