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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
CRIMES AND PUNISHMENTS
CHAPTER 88
FETAL HEARTBEAT PREBORN CHILD PROTECTION ACT
18-8807. civil causes of action. (1) Any female upon whom an abortion has been attempted or performed, the father of the preborn child, a grandparent of the preborn child, a sibling of the preborn child, or an aunt or uncle of the preborn child may maintain an action for:
(a) All damages from the medical professionals who knowingly or recklessly attempted, performed, or induced the abortion in violation of this chapter;
(b) Notwithstanding any other provision of law, statutory damages in an amount not less than twenty thousand dollars ($20,000) from the medical professionals who knowingly or recklessly attempted, performed, or induced an abortion in violation of this chapter; and
(c) Costs and attorney’s fees.
(2) Notwithstanding any other provision of law, a person may bring an action under this section not later than four (4) years following the date the cause of action accrues.
(3) No later than sixty (60) days after a defendant is served with a complaint or other pleading that asserts a cause of action under this section, or at a later time on a showing of good cause, the defendant may file a special motion for expedited dismissal regarding the cause of action.
(4)(a) Except as otherwise provided in paragraphs (d) through (g) of this subsection, upon the filing of a motion pursuant to subsection (3) of this section, all other proceedings between the plaintiff and the defendant, including discovery and a pending hearing or motion, shall be stayed.
(b) A stay issued pursuant to paragraph (a) of this subsection shall remain in effect until entry of an order ruling on the motion pursuant to subsection (3) of this section or expiration of the time for the moving party to appeal the order pursuant to subsection (9) of this section, per applicable court rule.
(c) Except as otherwise provided in paragraphs (e), (f), and (g) of this subsection, if a party appeals an order ruling on a motion pursuant to subsection (3) of this section, all proceedings between all parties in the action shall be stayed. The stay shall remain in effect until the conclusion of the appeal.
(d) During a stay issued pursuant to paragraph (a) of this subsection, the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden pursuant to subsection (7) of this section and the information is not reasonably available unless discovery is allowed.
(e) A motion pursuant to subsection (10) of this section for costs, attorney’s fees, and expenses shall not be subject to a stay pursuant to this subsection.
(f) A stay issued pursuant to the provisions of this subsection shall not affect a party’s ability to voluntarily dismiss a cause of action or part of a cause of action.
(g) During a stay issued pursuant to the provisions of this subsection, the court for good cause may hear and rule on a motion unrelated to the motion pursuant to subsection (3) of this section.
(5)(a) The court shall hear a motion pursuant to subsection (3) of this section no later than sixty (60) days after filing of the motion, unless the court orders a later hearing:
(i) To allow discovery pursuant to subsection (4)(d) of this section; or
(ii) For other good cause.
(b) If the court orders a later hearing pursuant to paragraph (a) of this subsection, the court shall hear the motion pursuant to subsection (4) of this section no later than sixty (60) days after the court order allowing the discovery, unless the court orders a later hearing pursuant to paragraph (a)(ii) of this subsection.
(6) In ruling on a motion pursuant to subsection (3) of this section, the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment pursuant to applicable court rule.
(7)(a) In ruling on a motion pursuant to subsection (3) of this section, the court shall dismiss with prejudice a cause of action or part of a cause of action if:
(i) The responding party fails to establish a prima facie case as to each essential element of the cause of action; or
(ii) The moving party establishes that the responding party failed to state a cause of action upon which relief can be granted.
(b) A voluntary dismissal with or without prejudice of a responding party’s cause of action or part of a cause of action that is the subject of a motion pursuant to subsection (3) of this section shall not affect a moving party’s right to obtain a ruling on the motion and to seek costs, attorney’s fees, and expenses pursuant to subsection (10) of this section.
(8) The court shall rule on a motion pursuant to subsection (3) of this section no later than sixty (60) days after a hearing held pursuant to subsection (5) of this section.
(9) A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion pursuant to subsection (3) of this section. The appeal shall be filed within forty-two (42) days after entry of the order pursuant to applicable court rule.
(10) Upon a motion pursuant to subsection (3) of this section, the court shall award court costs, reasonable attorney’s fees, and reasonable litigation expenses incurred in pursuing or responding to the motion to the prevailing party.
(11) Except as provided in subsection (10) of this section and notwithstanding any other provision of law, including chapter 1, title 12, Idaho Code, a court may not award costs or attorney’s fees to a defendant in an action brought under this section unless the defendant has complied with the applicable requirements of sections 18-8803 and 18-8804, Idaho Code.
(12) The civil causes of action provided for in this section exist independently of any criminal action commenced pursuant to this chapter. A civil cause of action may be pursued under the provisions of this chapter even if a criminal prosecution is not pursued.
(13) Notwithstanding any other provision of law, including chapters 14, 17, and 18, title 54, Idaho Code, the requirements of this section shall be enforced exclusively through the private civil causes of action described. No enforcement of this section may be taken or threatened against any person by this state, a political subdivision of this state, a prosecuting attorney, or an executive or administrative officer or employee of this state or a political subdivision of this state.
(14) Notwithstanding any other provision of law, this state, a state official, or a prosecuting attorney may not intervene in an action brought under this section. Nothing in this subsection shall prohibit a person described in this subsection from filing an amicus curiae brief in the action.
(15) Nothing in this section shall be deemed to affect any familial rights or responsibilities or any proceedings conducted under Idaho law.
(16) In an action brought under this section, a court may not award compensatory or punitive damages if a person demonstrates that the person paid, or has been ordered to pay, compensatory or punitive damages, respectively, in a previous civil action for that particular violation of this chapter.
(17) Notwithstanding any other law to the contrary, a civil action may not be brought under this section by a person who, through an act of rape, sexual assault, incest, or other criminal conduct, impregnated the pregnant woman seeking an abortion in violation of this chapter.
(18) Notwithstanding any other law to the contrary, the following shall not be defenses to an action brought under this section:
(a) That the pregnant woman or, if the pregnant woman is a minor, a parent or guardian consented to an unlawful abortion;
(b) Ignorance or mistake of law;
(c) A person’s belief that any provision of this section is or was unconstitutional;
(d) A person’s reliance on a state or federal court decision that is not binding on the court in which the action has been brought;
(e) Non-mutual issue preclusion or non-mutual claim preclusion;
(f) Contributory or comparative negligence;
(g) Assumption of risk; or
(h) A claim that an action brought under this section will violate a constitutional right of a third party.
(19) Except as provided in subsection (10) of this section and notwithstanding any other law to the contrary, a court may:
(a) Not award attorney’s fees or costs to a person subject to an action brought under this section, unless the action is frivolous, without foundation, or brought in bad faith or for the sole reason for delay;
(b) Not award attorney’s fees or costs to a person who prevails in challenging the constitutionality of this section under state law, unless the defense of this section is frivolous, without foundation, or brought in bad faith or for the sole reason for delay; and
(c) Award attorney’s fees or costs to a person who prevails in defending the constitutionality of this section under state law, even though the challenge to the constitutionality of this section was not frivolous, without foundation, or brought in bad faith or for the sole reason for delay.
(20) The provisions of this section shall not be construed to impose liability on speech or conduct protected by the first amendment of the United States constitution or by section 9, article I of the constitution of the state of Idaho.
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