Section 39-9301 – SHORT TITLE.

39-9301. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Unborn Infants Dignity Act." History: [39-9301, added 2016, ch. 368, sec. 1, p. 1078.]

Section 39-9302 – LEGISLATIVE FINDINGS AND PURPOSE.

39-9302. LEGISLATIVE FINDINGS AND PURPOSE. (1) The legislature of the state of Idaho finds that: (a) Deceased unborn infants deserve the same respect and dignity as other deceased human beings. (b) It continues to be the public policy of the state of Idaho to promote live childbirth over abortion. Permitting the sale, transfer, distribution or […]

Section 39-9303 – DEFINITIONS.

39-9303. DEFINITIONS. As used in this chapter: (1) "Aborted infant" means a deceased unborn infant whose death was caused by abortion. (2) "Abortion" has the same meaning as provided in section 18-604, Idaho Code. (3) "Bodily remains" means the physical remains, body parts or tissue of a deceased unborn infant who has been expelled or […]

Section 39-9304 – RELEASE OF REMAINS FOR FINAL DISPOSITION.

39-9304. RELEASE OF REMAINS FOR FINAL DISPOSITION. In every instance of fetal death involving miscarriage or stillbirth, the individual in charge of the institution where the bodily remains of the deceased unborn infant were expelled or extracted, or the individual’s designee, shall notify the mother or the mother’s authorized representative that the mother has a […]

Section 39-9305 – MISCARRIAGE CERTIFICATES.

39-9305. MISCARRIAGE CERTIFICATES. The state registrar of vital statistics shall establish such forms and procedures as are necessary to file miscarriage certificates for unborn infants whose death occurred as a result of miscarriage. The filing of a miscarriage certificate shall be voluntary at the request of the unborn infant’s parent or parents and shall be […]

Section 39-9306 – PROHIBITIONS.

39-9306. PROHIBITIONS. (1) Except as otherwise provided in this chapter, no person shall knowingly sell, transfer, distribute, donate, accept, use or attempt to use the body or bodily remains of an aborted infant. (2) Except as otherwise provided in this chapter, no person shall knowingly aid or abet any such sale, transfer, distribution, other unlawful […]

Section 39-9307 – INFORMED CONSENT REQUIRED FOR CERTAIN EXPERIMENTATION.

39-9307. INFORMED CONSENT REQUIRED FOR CERTAIN EXPERIMENTATION. Bodily remains of an unborn infant whose death occurred as a result of miscarriage or stillbirth may be used for animal or human research, experimentation, study or transplantation only if the mother of the deceased unborn infant makes a signed, written statement declaring that: (1) The mother donates […]

Section 39-9308 – CRIMINAL PENALTIES.

39-9308. CRIMINAL PENALTIES. (1) A person who violates section 39-9306(1) or (2), Idaho Code, shall be guilty of a felony for each violation and shall be subject to a fine not to exceed ten thousand dollars ($10,000), imprisonment in the state prison for a term not to exceed five (5) years, or both. (2) A […]

Section 39-9309 – DUTIES OF THE ATTORNEY GENERAL AND PROSECUTORS.

39-9309. DUTIES OF THE ATTORNEY GENERAL AND PROSECUTORS. The Idaho attorney general or the appropriate prosecuting attorney may initiate actions or proceedings for a violation of any criminal provisions in this chapter. History: [39-9309, added 2016, ch. 368, sec. 1, p. 1081.]

Section 39-9310 – CIVIL AND ADMINISTRATIVE ACTIONS.

39-9310. CIVIL AND ADMINISTRATIVE ACTIONS. (1) In addition to the remedies available under the statutory or common laws of Idaho, failure to comply with the requirements of section 39-9306, Idaho Code, shall provide a basis for recovery of damages for the parent of an unborn infant or, if the mother is a minor, for the […]

Section 39-9311 – CONSTRUCTION.

39-9311. CONSTRUCTION. Nothing in this chapter shall be construed to create or recognize a right to abortion. History: [39-9311, added 2016, ch. 368, sec. 1, p. 1081.]