T18CH88

Title 18 > T18CH88

Sections (7)

18-8801

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 88 FETAL HEARTBEAT PREBORN CHILD PROTECTION ACT 18-8801. definitions. As used in this chapter: (1) Abortion means the use of any means to intentionally terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will, with reasonable likelihood, cause the death of the preborn child. Abortion does not mean the use of an intrauterine device or birth control pill to inhibit or prevent ovulations, fertilization, or the implantation of a fertilized ovum within the uterus. (2) Fetal heartbeat means embryonic or fetal cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac. (3) Fetus and preborn child each mean an individual organism of the species Homo sapiens from fertilization until live birth. (4) Gestational age means the age of a preborn human individual as calculated from the first day of the last menstrual period of a pregnant woman. (5) Medical emergency means a condition that, in reasonable medical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function. History: [(18-8801) 18-8701, added 2021, ch. 289, sec. 1, p. 867; am. and redesig. 2022, ch. 111, sec. 10, p. 372; am. and redesig. 2022, ch. 152, sec. 1, p. 532.]

18-8802

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 88 FETAL HEARTBEAT PREBORN CHILD PROTECTION ACT 18-8802. legislative findings and intent. The legislature finds and declares that: (1) The life of each human being begins at fertilization, and preborn children have interests in life, health, and well-being that should be protected. (2) The cardiopulmonary definition of death, which is the reigning common law standard for determining death, is defined as the irreversible cessation of circulatory and respiratory functions. This cardiopulmonary definition of death was included in the uniform determination of death act, a model law that was adopted by numerous medical and ethics organizations, including the national conference of commissioners on uniform state laws, the American medical association, and almost all states in the United States. (3) Legal standards and the medical community at large both affirm that a consistent human heartbeat, independent of life support, is a core determining factor in establishing the legal presence of human life in a full range of circumstances, for old and young alike. (4) The heartbeat of a preborn child begins at a biologically identifiable moment in time that can be detected and imaged by medical equipment. (5) A detectable fetal heartbeat and its characteristics is a key medical predictor in whether a preborn child will reach live birth. (6) The fetal heartbeat, when detected, presents a clearly identifiable point at which the preborn child in the womb has a greater than ninety-five percent (95%) chance of survival when carried to term. (7) The presence of a human heartbeat is a more reliable indicator of life than the medically uncertain concept of viability and whether that preborn child is potentially able to live outside the mother’s womb. (8) Therefore, the state of Idaho has a compelling interest in protecting the life of a preborn child at all stages of its development, including after the preborn child has a detectable heartbeat, which signals rhythmically and without pause the presence of a precious and unique life, one that is independent and distinct from the mother’s and one that is also worthy of our utmost protection. History: [(18-8802) 18-8702, added 2021, ch. 289, sec. 1, p. 867; am. and redesig. 2022, ch. 111, sec. 10, p. 372; am. and redesig. 2022, ch. 152, sec. 2, p. 533.]

18-8803

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 88 FETAL HEARTBEAT PREBORN CHILD PROTECTION ACT 18-8803. determination of fetal heartbeat. Any person who intends to perform or induce an abortion on a pregnant woman must determine if there is the presence of any fetal heartbeat, except in the case of a medical emergency. In testing for any fetal heartbeat, the person conducting the physical examination on the pregnant woman must determine in his reasonable medical judgment and according to standard medical practice whether or not any fetal heartbeat is present. The person who determines the presence or absence of any fetal heartbeat must record in the pregnant woman’s medical record the estimated gestational age of the preborn human individual or individuals, the method used to test for the fetal heartbeat, the date and time of the test, and the results of the test. History: [(18-8803) 18-8703, added 2021, ch. 289, sec. 1, p. 868; am. and redesig. 2022, ch. 111, sec. 10, p. 373; am. and redesig. 2022, ch. 153, sec. 2, p. 536.]

18-8804

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 88 FETAL HEARTBEAT PREBORN CHILD PROTECTION ACT 18-8804. abortion following detection of a fetal heartbeat prohibited. (1) A person may not perform an abortion on a pregnant woman when a fetal heartbeat has been detected, except in the case of a medical emergency, in the case of rape as defined in section 18-6101 , Idaho Code, or in the case of incest as described in section 18-6601 , Idaho Code. In the case of rape or incest: (a) If the woman is not a minor or subject to guardianship, then, prior to the performance of the abortion, the woman has reported the act of rape or incest to a law enforcement agency and provided a copy of such report to the physician who is to perform the abortion; or (b) If the woman is a minor or subject to guardianship, then, prior to the performance of the abortion, the woman or her parent or guardian has reported the act of rape or incest to a law enforcement agency or child protective services and a copy of such report have been provided to the physician who is to perform the abortion. (2) Nothing in this section recognizes a right to abortion before a fetal heartbeat is detected. History: [(18-8804) 18-8704, added 2021, ch. 289, sec. 1, p. 868; am. and redesig. 2022, ch. 111, sec. 10, p. 373; am. and redesig. 2022, ch. 124, sec. 19, p. 452; am. and redesig. 2022, ch. 152, sec. 3, p. 533.]

18-8805

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.]

18-8807

TITLE 18 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 u

18-8808

TITLE 18 CRIMES AND PUNISHMENTS CHAPTER 88 FETAL HEARTBEAT PREBORN CHILD PROTECTION ACT 18-8808. SEVERABILITY. The provisions of this chapter are hereby declared to be severable, and if any provision of this chapter or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration does not affect the validity of the remaining portions of this chapter. Any invalidity or potential invalidity of the provisions of this chapter does not impair the immediate and continuing enforceability of the remaining provisions. The provisions of this chapter do not have the effect of repealing or limiting any other laws of this state, except as specified by this chapter. History: [(18-8808) 18-8708, added 2021, ch. 289, sec. 1, p. 869; am. and redesig. 2022, ch. 111, sec. 10, p. 374.]