HTML Raw Codes HOUSE BILL NO.361 (2020) - Abortion, illegal
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LEGISLATURE OF THE STATE OF IDAHO
Sixty-fifth Legislature
Second Regular Session - 2020
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 361
BY SCOTT
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AN ACT
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RELATING TO Previous DocumentABORTIONNext Hit; PROVIDING LEGISLATIVE INTENT; REPEALING SECTION
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18-4016, IDAHO CODE, RELATING TO THE DEFINITION OF A HUMAN EMBRYO AND
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FETUS AND PROHIBITING THE PROSECUTION OF CERTAIN PERSONS; AMENDING
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CHAPTER 40, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
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18-4016, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO DEFINE TERMS, TO
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PROVIDE THAT Previous Hit ABORTIONNext Hit SHALL BE ILLEGAL, TO PROVIDE THAT THE ATTORNEY
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GENERAL SHALL PERFORM CERTAIN TASKS, TO PROVIDE IMMUNITY FOR CERTAIN
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PERSONS, TO PROVIDE THAT CERTAIN ACTIONS SHALL NOT BE CONSIDERED ABOR-
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TION, AND TO PROVIDE THAT CERTAIN CONDUCT AND OFFENSES SHALL NOT BE
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RETROACTIVE.
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Be It Enacted by the Legislature of the State of Idaho:
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SECTION 1. LEGISLATIVE INTENT. It is the intent of the Legislature to
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protect the Idaho state government and any political subdivision in Idaho
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from being directed by any federal law or federal court opinion to allow
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abortions in Idaho. Previous Hit AbortionNext Hit is contrary to Section 1, Article I, of the
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Idaho Constitution, which states the inalienable right to life and to secure
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safety to all men. Allowing Previous Hit abortionNext Hit in Idaho statute in the manner Idaho
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presently does is also contrary to Sections 2 and 18, Article I, of the Idaho
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Constitution, particularly where it is stated that for every person "right
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and justice shall be administered without sale, denial, delay, or preju-
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dice." While Idaho criminal law currently treats the killing of a human fetus
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as unlawful, it unequally applies those homicide statutes by permitting
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abortions. This act asserts Idaho's authority to establish equal justice
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and protection for all humans in the jurisdiction of Idaho, including the au-
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thority of Idaho to nullify contrary federal law and federal court opinions.
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SECTION 2. That Section
18-4016,
Idaho Code, be, and the same is hereby
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repealed.
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SECTION 3. That Chapter 40, Title 18, Idaho Code, be, and the same is
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hereby amended by the addition thereto of a NEW SECTION, to be known and des-
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ignated as Section 18-4016, Idaho Code, and to read as follows:
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18-4016. IDAHO Previous Hit ABORTIONNext Hit HUMAN RIGHTS ACT -- Previous Hit ABORTIONNext Hit PROHIBITION EN-
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FORCEMENT. (1) This act shall be known and may be cited as the "Idaho Previous Hit AbortionNext Hit
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Human Rights Act."
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(2) For purposes of this section:
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(a) " Previous Hit AbortionNext Hit" means the use or prescription of any instrument,
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medicine, drug, or any other substance or device to intentionally kill
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an unborn human being.
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(b) "Conception" means the fertilization of the ovum of a female indi-
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vidual by the sperm of a male individual.
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(c) "Unborn human being" means the offspring of human beings from the
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moment of conception until either live birth or death, including the hu-
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man conceptus, zygote, morula, blastocyst, embryo, and fetus, whether
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conceived or located inside or outside the body of a human female.
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(3) It shall be unlawful for any person to perform, procure, or attempt
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to perform an Previous Hit abortionNext Hit.
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(4) Notwithstanding any other provision of law, the attorney general
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shall monitor this state's enforcement of this chapter in relation to abor-
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tion. The attorney general shall direct state agencies to enforce this chap-
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ter in relation to Previous Hit abortionNext Hit regardless of any contrary or conflicting fed-
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eral statutes, regulations, executive orders, or court decisions. All po-
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litical subdivisions of this state shall enforce this chapter in relation to
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Previous Hit abortionNext Hit regardless of any contrary or conflicting federal statutes, regu-
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lations, executive orders, or court decisions.
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(5) All prosecuting attorneys shall have the authority to extend immu-
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nity to a mother when she assists in the investigation or prosecution of any
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person for conduct relating to the Previous Hit abortionNext Document that killed her own unborn human
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being.
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(6) Any medical practitioner attempting to save the life of a pregnant
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patient, which attempt results in the unintended death of an unborn human be-
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ing, shall not be found guilty of violating the provisions of this chapter.
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(7) The changes in law made by this act apply only to conduct that occurs
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on or after the effective date of this act. Conduct that occurs before the
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effective date of this act is governed by the law in effect immediately be-
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fore the effective date of this act, and that law is continued in effect for
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that purpose.
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(8) The changes in law made by this act apply only to an offense commit-
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ted on or after the effective date of this act. An offense committed before
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the effective date of this act is governed by the law in effect when the of-
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fense was committed, and the former law is continued in effect for that pur-
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pose. For purposes of this subsection, an offense is committed before the
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effective date of this act if any element of the offense occurs before the ef-
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fective date.