View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN 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 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