| Engrossed Bill NO. 654 LEGISLATURE OF THE STATE OF IDAHO Second Regular Session - 2008 IN THE HOUSE OF REPRESENTATIVES 1 AN ACT 2 RELATING TO ABORTION AND CONTRACEPTIVES; AMENDING CHAPTER 6, TITLE 18, IDAHO 3 CODE, BY THE ADDITION OF A NEW SECTION 18-615, IDAHO CODE, TO PROVIDE THAT 4 IT IS A CRIMINAL ACT TO COERCE OR ATTEMPT TO COERCE A WOMAN TO OBTAIN AN 5 ABORTION, TO PROVIDE FOR RECOVERY OF DAMAGES BY CIVIL SUIT, TO PROVIDE 6 PENALTIES AND TO PROVIDE DEFINITIONS; AND AMENDING SECTION 18-615, IDAHO 7 CODE, TO REDESIGNATE THE SECTION. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 6, Title 18, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 11 ignated as Section 18-615, Idaho Code, and to read as follows: 12 18-615. CRIMINAL ACT TO COERCE OR ATTEMPT TO COERCE A WOMAN TO OBTAIN AN 13 ABORTION. (1) A person violates the provisions of this section when, knowing 14 that a woman is pregnant, and with the intent to induce the pregnant woman to 15 abort, whether by a medical procedure or otherwise: 16 (a) Threatens to inflict physical injury or death on the pregnant woman; 17 or 18 (b) Conspires to inflict physical injury or death on the pregnant woman; 19 or 20 (c) Unlawfully inflicts physical injury on the pregnant woman. 21 (2) A pregnant woman injured by reason of a person's violation of the 22 provisions of this section may bring a civil suit for recovery of damages for 23 such injury, whether or not the perpetrator is criminally prosecuted or con- 24 victed. In such a civil suit, the pregnant woman shall be entitled to recover 25 her reasonable attorney's fees and costs if she is the prevailing party. 26 (3) Violations of the provisions of this section are classified and pun- 27 ishable as follows: 28 (a) A violation of subsection (1)(a) or (1)(b) of this section consti- 29 tutes a misdemeanor punishable by not more than six (6) months in jail, or 30 a fine of not more than one thousand dollars ($1,000), or both. 31 (b) A violation of subsection (1)(c) of this section constitutes a felony 32 punishable by imprisonment for not more than five (5) years, or a fine of 33 not more than five thousand dollars ($5,000), or both. 34 (4) The term "physical injury" means a condition of the body, such as a 35 wound or external or internal injury, whether of a minor or serious nature, 36 caused by physical force. 37 (5) The term "woman" includes a minor female. 38 SECTION 2. That Section 18-615, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 18-6156. SEVERABILITY. If any one (1) or more provision, section, subsec- 41 tion, sentence, clause, phrase, or word of this chapter or the application 2 1 thereof to any person or circumstance is found to be unconstitutional, the 2 same is hereby declared to be severable and the balance of this chapter shall 3 remain effective notwithstanding such unconstitutionality. The legislature 4 hereby declares that it would have passed every section of this chapter and 5 each provision, section, subsection, sentence, clause, phrase or word thereof 6 irrespective of the fact that any one (1) or more provision, section, subsec- 7 tion, sentence, clause, phrase or word be declared unconstitutional. |
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