Bill

Bill > S1059


ID S1059

ID S1059
Amends and adds to existing law to establish provisions regarding applicability of the terms “embryo,” “fetus,” and “preborn child” in regards to a suit for wrongful death and the crimes of aggravated battery and homicide.


summary

Introduced
02/06/2025
In Committee
02/07/2025
Crossed Over
Passed
Dead
04/04/2025

Introduced Session

2025 Regular Session

Bill Summary

RELATING TO AN EMBRYO, FETUS, OR PREBORN CHILD; PROVIDING LEGISLATIVE IN- TENT; AMENDING CHAPTER 3, TITLE 5, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 5-311A, IDAHO CODE, TO PROVIDE APPLICABILITY FOR A PREBORN CHILD; AMENDING SECTION 18-907, IDAHO CODE, TO REMOVE A DEFINITION, TO REMOVE PROVISIONS REGARDING EXEMPTIONS FROM PROSECUTION, AND TO MAKE TECHNICAL CORRECTIONS; AMENDING CHAPTER 9, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-926, IDAHO CODE, TO DEFINE TERMS AND TO ESTABLISH PROVISIONS REGARDING APPLICABILITY; REPEALING SEC- TION 18-4016, IDAHO CODE, RELATING TO THE DEFINITION OF A HUMAN EMBRYO AND FETUS AND PROHIBITING THE PROSECUTION OF CERTAIN PERSONS; AMEND- ING CHAPTER 40, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-4018, IDAHO CODE, TO DEFINE TERMS AND TO ESTABLISH PROVISIONS RE- GARDING APPLICABILITY; AND DECLARING AN EMERGENCY.

AI Summary

This bill, known as the "Idaho Prenatal Equal Protection Act," seeks to expand legal protections for embryos and fetuses from the moment of fertilization. The bill defines a "preborn child" as a living human being from the moment a human sperm fertilizes a human egg, and aims to provide these embryos and fetuses with the same legal protections as born persons. Specifically, the bill amends existing Idaho law to include embryos and fetuses in wrongful death suits and in criminal statutes related to aggravated battery and homicide. The legislation allows for prosecution in cases of intentional harm to a preborn child, with exceptions for life-saving medical procedures for the mother and spontaneous miscarriages. The bill explicitly states its purpose is to follow constitutional equal protection principles and protect "the lives of preborn persons" with the same legal standards applied to born individuals. Importantly, the bill is designed to be prospective, meaning it will not apply to acts committed before its effective date, and it is intended to remove legal provisions that could be interpreted as allowing pressure on pregnant women to have abortions.

Committee Categories

Government Affairs, Justice

Sponsors (18)

Other Sponsors (1)

State Affairs Committee (Senate)

Last Action

Reported Printed; referred to State Affairs (on 02/07/2025)

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