2007 Legislation
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HOUSE BILL NO. 161 – Abortion, woman coerced, penalty

HOUSE BILL NO. 161

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Bill Status



H0161.................................................by HEALTH AND WELFARE
ABORTION - Adds to 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 a duty to advise the woman of her rights and
protections; and to provide penalties.
                                                                        
02/09    House intro - 1st rdg - to printing
02/12    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. 161
                                                                        
                              BY HEALTH AND WELFARE 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 A DUTY TO ADVISE THE WOMAN OF HER RIGHTS AND  PROTEC-
  6        TIONS  UNDER  THE PROVISIONS OF THIS SECTION AND TO PROVIDE PENALTIES; AND
  7        AMENDING SECTION 18-615, IDAHO CODE, TO REDESIGNATE THE 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 obligated to provide to her or for her benefit;
 21        (d)  Threatens during pregnancy, without a good faith  basis  in  law,  to
 22        take  legal action after the child is born to deprive the woman of custody
 23        of her child after the birth; or
 24        (e)  Does or threatens to do anything that the person does  not  have  the
 25        legal right to do to or against the pregnant woman.
 26        (2)  Licensed  health  care  professionals  and  social workers who treat,
 27    examine, counsel or advise a pregnant patient or client shall, in  the  course
 28    of their professional practice, advise the patient or client of her rights and
 29    protections under the provisions of this section.
 30        (3)  A  pregnant  woman  injured  by reason of a person's violation of the
 31    provisions of this section may bring a civil suit for recovery of damages  for
 32    such  injury,  whether or not the perpetrator is criminally prosecuted or con-
 33    victed. In such a civil suit, the pregnant woman shall be entitled to  recover
 34    her reasonable attorney's fees and costs if she is the prevailing party.
 35        (4)  Violations  of the provisions of this section are classified and pun-
 36    ishable as follows:
 37        (a)  If the act includes physical contact with resulting  physical  injury
 38        to  the  pregnant  woman,  the  person is guilty of a felony punishable by
 39        imprisonment for not more than five (5) years, or a fine of not more  than
 40        five thousand dollars ($5,000) or both such imprisonment and fine.
 41        (b)  If  the  act  does not include physical contact resulting in physical
 42        injury to the pregnant woman, the person is guilty of a  misdemeanor  pun-
 43        ishable by imprisonment for not more than six (6) months, or a fine of not
                                                                        
                                       2
                                                                        
  1        more  than  one  thousand  dollars  ($1,000) or both such imprisonment and
  2        fine.
  3        (5)  The term "woman" in this section includes a minor female.
                                                                        
  4        SECTION 2.  That Section 18-615, Idaho Code, be, and the  same  is  hereby
  5    amended to read as follows:
                                                                        
  6        18-6156.  SEVERABILITY. If any one (1) or more provision, section, subsec-
  7    tion,  sentence,  clause,  phrase,  or word of this chapter or the application
  8    thereof to any person or circumstance is found  to  be  unconstitutional,  the
  9    same  is hereby declared to be severable and the balance of this chapter shall
 10    remain effective notwithstanding  such  unconstitutionality.  The  legislature
 11    hereby  declares  that  it would have passed every section of this chapter and
 12    each provision, section, subsection, sentence, clause, phrase or word  thereof
 13    irrespective  of the fact that any one (1) or more provision, section, subsec-
 14    tion, sentence, clause, phrase or word be declared unconstitutional.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16945

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. While this legislation
addresses only the most egregious forms of coercion, its intent
is to empower all Idaho mothers to choose life for their preborn
children.


                           FISCAL NOTE

None.



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 161