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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 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 18-61 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 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