Bill > S1171

This bill amends existing Idaho law to expand and clarify civil causes of action related to abortions. The bill allows various family members (including the female upon whom an abortion was performed, the father, grandparents, siblings, aunts, and uncles of the "preborn child") to sue medical professionals for damages if an abortion is performed in violation of state law. Plaintiffs can seek at least $20,000 in statutory damages, plus costs and attorney's fees, and must file suit within four years of the incident. The bill introduces a complex legal mechanism for expedited dismissal of such lawsuits, including provisions for stays on legal proceedings, limited discovery, and mandatory timeframes for court hearings. Notably, the bill explicitly prevents state officials from intervening in these civil actions and prohibits certain legal defenses, such as consent, ignorance of law, or belief that the law might be unconstitutional. The bill also specifies that a person who committed rape or sexual assault cannot bring such a lawsuit, and it includes protections for first amendment speech. The law is set to go into effect on July 1, 2025, and is designed to provide a private civil enforcement mechanism for abortion restrictions in Idaho.

Government Affairs, Justice

State Affairs Committee (S)

https://legislature.idaho.gov/sessioninfo/2025/legislation/S1171/