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H0464.................................................by HEALTH AND WELFARE ABORTION - Adds to and amends existing law 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. 02/05 House intro - 1st rdg - to printing 02/06 Rpt prt - to Health/Wel 02/29 Rpt out - rec d/p - to 2nd rdg 03/03 2nd rdg - to 3rd rdg 03/17 Ret'd to Health/Wel
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 464 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 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 commits an 16 act of coercion in one (1) of the following respects: 17 (a) Uses force or threats of force against the woman; 18 (b) Commits, attempts to commit or conspires to commit physical harm to 19 the woman; 20 (c) Threatens to commit any act prohibited by section 18-401, Idaho Code; 21 or 22 (d) Performs any other act which would not in itself materially benefit 23 the actor but which is calculated to harm the pregnant woman materially 24 with respect to her health, safety, business, calling, career, financial 25 condition, reputation or personal relationships. 26 (2) A pregnant woman injured by reason of a person's violation of the 27 provisions of this section may bring a civil suit for recovery of damages for 28 such injury, whether or not the perpetrator is criminally prosecuted or con- 29 victed. In such a civil suit, the pregnant woman shall be entitled to recover 30 her reasonable attorney's fees and costs if she is the prevailing party. 31 (3) Violations of the provisions of this section are classified and pun- 32 ishable as follows: 33 (a) If the act includes physical contact with resulting physical injury 34 to the pregnant woman, the person is guilty of a felony punishable by 35 imprisonment for not more than five (5) years, or a fine of not more than 36 five thousand dollars ($5,000), or by both such imprisonment and fine. 37 (b) If the act does not include physical contact resulting in physical 38 injury to the pregnant woman, the person is guilty of a misdemeanor pun- 39 ishable by imprisonment for not more than six (6) months, or a fine of not 40 more than one thousand dollars ($1,000), or by both such imprisonment and 41 fine. 42 (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.
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STATEMENT OF PURPOSE
RS 17683
This legislation seeks to make it 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 were coerced into
abortion and have suffered grievous emotional, psychological and
spiritual harm in subsequent years. This legislation intends to
empower all Idaho mothers to choose life for their preborn
children by preventing coercion in its most common forms.
FISCAL NOTE
There is no fiscal impact to the General Fund.
Contact
Name: Rep. Nonini
Phone: (208) 332-1000
Senator Monty Pence
Senator Shirley McKague
Senator Russ Fulcher
Rep. Mike Moyle
Rep. Pete Nielsen
Rep. Lynn Luker
Rep. Ken Andrus
Rep. Russ Mathews
Rep. Steven Kren
STATEMENT OF PURPOSE/FISCAL NOTE H 464