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H0654aa....................................................by STATE AFFAIRS
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; to provide penalties; and to
provide definitions.
03/17 House intro - 1st rdg - to printing
03/18 Rpt prt - to 2nd rdg
03/19 2nd rdg - to 3rd rdg
03/20 To Gen Ord - Rpt out amen - to engros
03/21 Rpt engros - 1st rdg - to 2nd rdg as amen
03/25 2nd rdg - to 3rd rdg as amen
Rls susp - PASSED - 55-11-4
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Bolz, Bowers, Brackett, Bradford, Chadderdon, Clark,
Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest,
Henderson, Jaquet, Kren, Labrador, Lake, Loertscher, Luker, Marriott,
Mathews, Mortimer, Nielsen, Nonini, Patrick, Raybould, Roberts,
Ruchti, Sayler, Schaefer, Shepherd(02), Shepherd(08), Shirley,
Shively, Snodgrass, Stevenson, Thayn, Thomas, Vander Woude, Wills,
Wood(27), Wood(35), Mr. Speaker
NAYS -- Boe, Chavez, Chew, Killen, King, LeFavour, Pasley-Stuart,
Pence, Ringo, Smith(30), Trail
Absent and excused -- McGeachin, Moyle, Rusche, Smith(24)
Floor Sponsor - Nonini
Title apvd - to Senate
03/25 Senate intro - 1st rdg - to St Aff
03/26 Rpt out - rec d/p - to 2nd rdg
03/27 2nd rdg - to 3rd rdg
Rls susp - PASSED - 29-6-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
Corder, Darrington, Davis, Fulcher, Gannon(Gannon), Geddes, Goedde,
Hammond, Heinrich, Hill, Jorgenson, Keough, Langhorst, Little, Lodge,
McGee, McKague, McKenzie, Pearce, Richardson, Siddoway, Stegner,
Stennett
NAYS -- Burkett, Coiner, Kelly, Malepeai(Sagness), Schroeder, Werk
Absent and excused -- None
Floor Sponsor - Pearce
Title apvd - to House
03/28 To enrol - Rpt enrol - Sp signed
03/31 Pres signed
04/01 To Governor
04/09 Governor signed
Session Law Chapter 388
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 654 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, knowing 14 that a woman is pregnant, and with the intent to induce the pregnant woman to 15 abort, whether by a medical procedure or otherwise: 16 (a) Threatens to inflict physical injury or death on the pregnant woman; 17 or 18 (b) Conspires to inflict physical injury or death on the pregnant woman; 19 or 20 (c) Unlawfully inflicts physical injury on the pregnant woman. 21 (2) A pregnant woman injured by reason of a person's violation of the 22 provisions of this section may bring a civil suit for recovery of damages for 23 such injury, whether or not the perpetrator is criminally prosecuted or con- 24 victed. In such a civil suit, the pregnant woman shall be entitled to recover 25 her reasonable attorney's fees and costs if she is the prevailing party. 26 (3) Violations of the provisions of this section are classified and pun- 27 ishable as follows: 28 (a) If the act includes physical contact with resulting physical injury 29 to the pregnant woman, the person is guilty of a felony punishable by 30 imprisonment for not more than five (5) years, or a fine of not more than 31 five thousand dollars ($5,000), or by both such imprisonment and fine. 32 (b) If the act does not include physical contact resulting in physical 33 injury to the pregnant woman, the person is guilty of a misdemeanor pun- 34 ishable by imprisonment for not more than six (6) months, or a fine of not 35 more than one thousand dollars ($1,000), or by both such imprisonment and 36 fine. 37 (4) The term "woman" in this section includes a minor female. 38 SECTION 2. That Section 18-615, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 18-6156. SEVERABILITY. If any one (1) or more provision, section, subsec- 41 tion, sentence, clause, phrase, or word of this chapter or the application 2 1 thereof to any person or circumstance is found to be unconstitutional, the 2 same is hereby declared to be severable and the balance of this chapter shall 3 remain effective notwithstanding such unconstitutionality. The legislature 4 hereby declares that it would have passed every section of this chapter and 5 each provision, section, subsection, sentence, clause, phrase or word thereof 6 irrespective of the fact that any one (1) or more provision, section, subsec- 7 tion, sentence, clause, phrase or word be declared unconstitutional.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved by Nonini Seconded by Anderson IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 654 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, delete lines 28 through 37 and insert: 3 "(a) A violation of subsection (1)(a) or (1)(b) of this section consti- 4 tutes a misdemeanor punishable by not more than six (6) months in jail, or 5 a fine of not more than one thousand dollars ($1,000), or both. 6 (b) A violation of subsection (1)(c) of this section constitutes a felony 7 punishable by imprisonment for not more than five (5) years, or a fine of 8 not more than five thousand dollars ($5,000), or both. 9 (4) The term "physical injury" means a condition of the body, such as a 10 wound or external or internal injury, whether of a minor or serious nature, 11 caused by physical force. 12 (5) The term "woman" includes a minor female.". 13 CORRECTION TO TITLE 14 On page 1, in line 5 following "SUIT" delete "AND" and insert: ","; and in 15 line 6 following "PENALTIES" insert: "AND TO PROVIDE DEFINITIONS".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 654, As Amended 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, TO PROVIDE 6 PENALTIES AND TO PROVIDE DEFINITIONS; AND AMENDING SECTION 18-615, IDAHO 7 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, knowing 14 that a woman is pregnant, and with the intent to induce the pregnant woman to 15 abort, whether by a medical procedure or otherwise: 16 (a) Threatens to inflict physical injury or death on the pregnant woman; 17 or 18 (b) Conspires to inflict physical injury or death on the pregnant woman; 19 or 20 (c) Unlawfully inflicts physical injury on the pregnant woman. 21 (2) A pregnant woman injured by reason of a person's violation of the 22 provisions of this section may bring a civil suit for recovery of damages for 23 such injury, whether or not the perpetrator is criminally prosecuted or con- 24 victed. In such a civil suit, the pregnant woman shall be entitled to recover 25 her reasonable attorney's fees and costs if she is the prevailing party. 26 (3) Violations of the provisions of this section are classified and pun- 27 ishable as follows: 28 (a) A violation of subsection (1)(a) or (1)(b) of this section consti- 29 tutes a misdemeanor punishable by not more than six (6) months in jail, or 30 a fine of not more than one thousand dollars ($1,000), or both. 31 (b) A violation of subsection (1)(c) of this section constitutes a felony 32 punishable by imprisonment for not more than five (5) years, or a fine of 33 not more than five thousand dollars ($5,000), or both. 34 (4) The term "physical injury" means a condition of the body, such as a 35 wound or external or internal injury, whether of a minor or serious nature, 36 caused by physical force. 37 (5) The term "woman" includes a minor female. 38 SECTION 2. That Section 18-615, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 18-6156. SEVERABILITY. If any one (1) or more provision, section, subsec- 41 tion, sentence, clause, phrase, or word of this chapter or the application 2 1 thereof to any person or circumstance is found to be unconstitutional, the 2 same is hereby declared to be severable and the balance of this chapter shall 3 remain effective notwithstanding such unconstitutionality. The legislature 4 hereby declares that it would have passed every section of this chapter and 5 each provision, section, subsection, sentence, clause, phrase or word thereof 6 irrespective of the fact that any one (1) or more provision, section, subsec- 7 tion, sentence, clause, phrase or word be declared unconstitutional.
STATEMENT OF PURPOSE
RS18112
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 pre-born
children by preventing coercion in its most common forms.
FISCAL IMPACT
There is no fiscal impact to the General Fund.
Contact:
Rep. Bob Nonini 332-1000
Sen. Monty Pearce
Sen. Shirley McKague
Sen. Russ Fulcher
Rep. Mike Moyle
Rep. Pete Nielsen
Rep. Lynn Luker
Rep. Ken Andrus
Rep. Russ Mathews
Rep. Steven Kren
Rep. Curtis Bowers
STATEMENT OF PURPOSE/FISCAL NOTE H 654