HTML Raw Codes SENATE BILL NO.1385 (2020) - Criminal abortion
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LEGISLATURE OF THE STATE OF IDAHO
Sixty-fifth Legislature
Second Regular Session - 2020
IN THE SENATE
SENATE BILL NO. 1385
BY STATE AFFAIRS COMMITTEE
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AN ACT
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RELATING TO Previous DocumentABORTIONNext Hit; AMENDING CHAPTER 6, TITLE 18, IDAHO CODE, BY THE ADDI-
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TION OF A NEW SECTION 18-622, IDAHO CODE, TO PROVIDE AN EFFECTIVE DATE,
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TO PROVIDE FOR THE OFFENSE OF CRIMINAL Previous Hit ABORTIONNext Hit, TO PROVIDE PENALTIES,
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TO PROVIDE AFFIRMATIVE DEFENSES, AND TO PROVIDE EXCEPTIONS; AND PROVID-
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ING SEVERABILITY.
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Be It Enacted by the Legislature of the State of Idaho:
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SECTION 1. That Chapter 6, 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 18-622, Idaho Code, and to read as follows:
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18-622. CRIMINAL Previous Hit ABORTIONNext Hit. (1) Notwithstanding any other provision of
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law, this section shall become effective thirty (30) days following the oc-
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currence of either of the following circumstances:
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(a) The issuance of the judgment in any decision of the United States
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supreme court that restores to the states their authority to prohibit
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Previous Hit abortionNext Hit; or
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(b) Adoption of an amendment to the United States constitution that re-
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stores to the states their authority to prohibit Previous Hit abortionNext Hit.
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(2) Every person who performs or attempts to perform an Previous Hit abortionNext Hit as de-
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fined in this chapter commits the crime of criminal Previous Hit abortionNext Hit. Criminal abor-
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tion shall be a felony punishable by a sentence of imprisonment of no less
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than two (2) years and no more than (5) years in prison. The professional li-
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cense of any health care professional who performs or attempts to perform an
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Previous Hit abortionNext Hit or who assists in performing or attempting to perform an Previous Hit abortionNext Hit in
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violation of this subsection shall be suspended by the appropriate licensing
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board for a minimum of six (6) months upon a first offense and shall be perma-
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nently revoked upon a subsequent offense.
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(3) It shall be an affirmative defense to prosecution under subsection
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(2) of this section and to any disciplinary action by an applicable licensing
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authority, which must be proven by a preponderance of the evidence, that:
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(a)(i) The Previous Hit abortionNext Hit was performed or attempted by a physician as
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defined in this chapter;
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(ii) The physician determined, in his good faith medical judgment
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and based on the facts known to the physician at the time, that the
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Previous Hit abortionNext Hit was necessary to prevent the death of the pregnant woman.
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No Previous Hit abortionNext Hit shall be deemed necessary to prevent the death of the
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pregnant woman because the physician believes that the woman may
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or will take action to harm herself; and
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(iii) The physician performed or attempted to perform the Previous Hit abortionNext Hit
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in the manner that, in his good faith medical judgment and based
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on the facts known to the physician at the time, provided the best
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opportunity for the unborn child to survive, unless, in his good
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faith medical judgment, termination of the pregnancy in that man-
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ner would have posed a greater risk of the death of the pregnant
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woman. No such greater risk shall be deemed to exist because the
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physician believes that the woman may or will take action to harm
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herself; or
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(b)(i) The Previous Hit abortionNext Hit was performed or attempted by a physician as
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defined in this chapter;
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(ii) If the woman is not a minor or subject to a guardianship,
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then, prior to the performance of the Previous Hit abortionNext Hit, the woman has re-
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ported the act of rape or incest to a law enforcement agency and
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provided a copy of such report to the physician who is to perform
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the Previous Hit abortionNext Hit;
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(iii) If the woman is a minor or subject to a guardianship, then,
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prior to the performance of the Previous Hit abortionNext Hit, the woman or her parent
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or guardian has reported the act of rape or incest to a law enforce-
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ment agency or child protective services and a copy of such report
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has been provided to the physician who is to perform the Previous Hit abortionNext Hit;
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and
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(iv) The physician who performed the Previous Hit abortionNext Hit complied with the
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requirements of paragraph (a)(iii) of this subsection regarding
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the method of Previous Hit abortionNext Hit.
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(4) Medical treatment provided to a pregnant woman by a health care pro-
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fessional as defined in this chapter that results in the accidental death of,
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or unintentional injury to, the unborn child shall not be a violation of this
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section.
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(5) Nothing in this section shall be construed to subject a pregnant
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woman on whom any Previous Hit abortionNext Document is performed or attempted to any criminal convic-
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tion and penalty.
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SECTION 2. SEVERABILITY. The provisions of this act are hereby declared
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to be severable and if any provision of this act or the application of such
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provision to any person or circumstance is declared invalid for any reason,
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such declaration shall not affect the validity of the remaining portions of
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this act.