Signed by Governor Brad Little

Vote Smart's Synopsis:

Vote to pass a bill that prohibits abortion procedures once a fetal heartbeat can be detected.

Highlights:

• Defines "fetal heartbeat" as embryonic or fetal cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac (Sec. 1-2).

• Alleges the following of abortion (Sec. 1-18-8702):

• The heartbeat of a preborn child begins at a biologically identifiable moment in time that can be detected and imaged by medical equipment;

• A detectable fetal heartbeat and its characteristics is a key medical predictor in whether a preborn child will reach live birth; and

• The fetal heartbeat, when detected, presents an identifiable point at which the preborn child in the womb has a greater than 95% chance of survival when carried to term.

• Requires any person who intends to perform or induce an abortion on a pregnant woman to 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 (Sec. 1-18-8703).

• Prohibits a person from performing 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, or the case of incest. In the case of rape or incest (Sec. 1-18-8704):

• If the woman is not a minor or subject to guardianship, then, before 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

• If the woman is a minor or subject to guardianship, then, before 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.

• Establishes criminal abortion will be a felony punishable by a sentence of imprisonment of no less than 2 years and no more than 5 years in prison. 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 law will be suspended by the appropriate licensing board for a minimum of 6 months upon a 1st offense and will be permanently revoked upon a subsequent offense (Sec. 1-18-8705).

• Establishes any woman on whom an abortion is performed in violation of this law may recover in a civil action all damages available to her under Idaho law from the person or persons who intentionally, knowingly, and recklessly violated the provisions of section 18-8703 or 18-8704, Idaho Code (Sec. 1-18-8707).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits abortion procedures once a fetal heartbeat can be detected.

Highlights:

• Defines "fetal heartbeat" as embryonic or fetal cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac (Sec. 1-2).

• Alleges the following of abortion (Sec. 1-18-8702):

• The heartbeat of a preborn child begins at a biologically identifiable moment in time that can be detected and imaged by medical equipment;

• A detectable fetal heartbeat and its characteristics is a key medical predictor in whether a preborn child will reach live birth; and

• The fetal heartbeat, when detected, presents an identifiable point at which the preborn child in the womb has a greater than 95% chance of survival when carried to term.

• Requires any person who intends to perform or induce an abortion on a pregnant woman to 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 (Sec. 1-18-8703).

• Prohibits a person from performing 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, or the case of incest. In the case of rape or incest (Sec. 1-18-8704):

• If the woman is not a minor or subject to guardianship, then, before 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

• If the woman is a minor or subject to guardianship, then, before 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.

• Establishes criminal abortion will be a felony punishable by a sentence of imprisonment of no less than 2 years and no more than 5 years in prison. 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 law will be suspended by the appropriate licensing board for a minimum of 6 months upon a 1st offense and will be permanently revoked upon a subsequent offense (Sec. 1-18-8705).

• Establishes any woman on whom an abortion is performed in violation of this law may recover in a civil action all damages available to her under Idaho law from the person or persons who intentionally, knowingly, and recklessly violated the provisions of section 18-8703 or 18-8704, Idaho Code (Sec. 1-18-8707).

Full Bill Text