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HOUSE BILL NO. 654

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Bill Status

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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

Bill Text

                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]

 Fifty-ninth Legislature                   Second Regular Session - 2008


                                                                       


                              IN 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.

Amendment

                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]

 Fifty-ninth Legislature                   Second Regular Session - 2008


                                                                       


                                                     Moved 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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)

                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]

 Fifty-ninth Legislature                   Second Regular Session - 2008


                                                                       


                              IN 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 / Fiscal Impact

                      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