Section 18-501 – SHORT TITLE.
18-501. SHORT TITLE. This act shall be known and may be cited as the "Pain-Capable Unborn Child Protection Act." History: [18-501, added 2011, ch. 324, sec. 1, p. 945.]
Section 18-502 – DEFINITIONS.
18-502. DEFINITIONS. For purposes of this chapter: (1) "Abortion" means the use or prescription of any instrument, medicine, drug or other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of […]
Section 18-503 – LEGISLATIVE FINDINGS.
18-503. LEGISLATIVE FINDINGS. The legislature makes the following findings: (1) Pain receptors (nociceptors) are present throughout the unborn child’s entire body by no later than sixteen (16) weeks after fertilization and nerves link these receptors to the brain’s thalamus and subcortical plate by no later than twenty (20) weeks. (2) By eight (8) weeks after […]
Section 18-504 – DETERMINATION OF POSTFERTILIZATION AGE.
18-504. DETERMINATION OF POSTFERTILIZATION AGE. (1) Except in the case of a medical emergency, no abortion shall be performed or induced or be attempted to be performed or induced unless the physician performing or inducing it has first made a determination of the probable postfertilization age of the unborn child or relied upon such a […]
Section 18-505 – ABORTION OF UNBORN CHILD OF TWENTY OR MORE WEEKS POSTFERTILIZATION AGE PROHIBITED.
18-505. ABORTION OF UNBORN CHILD OF TWENTY OR MORE WEEKS POSTFERTILIZATION AGE PROHIBITED. No person shall perform or induce or attempt to perform or induce an abortion upon a woman when it has been determined, by the physician performing or inducing the abortion or by another physician upon whose determination that physician relies, that the […]
Section 18-506 – REPORTING.
18-506. REPORTING. (1) Any physician who performs or induces or attempts to perform or induce an abortion shall report to the department of health and welfare, on a schedule and in accordance with forms and rules adopted and promulgated by the department: (a) If a determination of probable postfertilization age was made, the probable postfertilization […]
Section 18-507 – CRIMINAL PENALTIES.
18-507. CRIMINAL PENALTIES. Any person who intentionally or recklessly performs or attempts to perform an abortion in violation of the provisions of section 18-505, Idaho Code, is guilty of a felony. No penalty shall be assessed against the woman upon whom the abortion is performed or attempted to be performed. History: [18-507, added 2011, ch. […]
Section 18-508 – CIVIL REMEDIES.
18-508. CIVIL REMEDIES. (1) Any woman upon whom an abortion has been performed in violation of the pain-capable unborn child protection act or the father of the unborn child who was the subject of such an abortion may maintain an action against the person who performed the abortion in an intentional or a reckless violation […]
Section 18-509 – PROTECTION OF PRIVACY IN COURT PROCEEDINGS.
18-509. PROTECTION OF PRIVACY IN COURT PROCEEDINGS. In every civil or criminal proceeding or action brought under the pain-capable unborn child protection act, the court shall rule whether the anonymity of any woman upon whom an abortion has been performed or attempted shall be preserved from public disclosure if she does not give her consent […]
Section 18-510 – LITIGATION DEFENSE FUND.
18-510. LITIGATION DEFENSE FUND. There is hereby created in the state treasury the pain-capable unborn child protection act litigation fund for the purpose of providing funds to pay for any costs and expenses incurred by the state attorney general in relation to actions surrounding defense of this chapter. This fund may include appropriations, donations, gifts […]