TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 88

FETAL HEARTBEAT PREBORN CHILD PROTECTION ACT

18-8805.  penalties for violations — Effective upon a certain occurrence. (1) This section shall become effective thirty (30) days following the issuance of the judgment in any United States appellate court case in which the appellate court upholds a restriction or ban on abortion for a preborn child because a detectable heartbeat is present on the grounds that such restriction or ban does not violate the United States constitution.

(2)  Every licensed health care professional who knowingly or recklessly performs or induces an abortion in violation of this chapter commits the crime of criminal abortion. Criminal abortion shall be a felony punishable by a sentence of imprisonment of no less than two (2) years and no more than five (5) years in prison.

(3)  The professional license of any health care professional who performs or induces an abortion or who assists in performing or inducing an abortion in violation of this chapter shall be suspended by the appropriate licensing board for a minimum of six (6) months upon a first offense and shall be permanently revoked upon a subsequent offense.

(4)  Nothing in this section shall be construed to conflict with the effectiveness of section 18-622, Idaho Code, following the occurrence of the circumstances described in that section. In the event both this section and section 18-622, Idaho Code, are enforceable, section 18-622, Idaho Code, shall supersede this section.

History:

[(18-8805) 18-8705, added 2021, ch. 289, sec. 1, p. 868; am. and redesig. 2022, ch. 111, sec. 10, p. 373; am. and redesig. 2022, ch. 152, sec. 4, p. 534, effective August 19, 2022.]