Idaho Bill Regarding ‘Partial-Birth’ Abortion (S 1049)

S 1049 would update the Idaho Partial-Birth Abortion ban so it’s consistent with federal law that bans the performance of a partial-birth abortion except when necessary to the save a pregnant person’s life.

The bill would redefine “partial-birth abortion” to mean an abortion in which the person performing the abortion:

Deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the physician knows will kill the partially delivered living fetus; and [p]erforms the overt act, other than completion of delivery, that kills the partially delivered living fetus.

The bill updates the ban—which has been unenforceable since 1999—to clarify that it would not apply to partial-birth abortions necessary to save the life of the pregnant person when their life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.

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Latest Action

Sponsored by the Senate State Affairs Committee.

2/1/19 – Introduced; referred to Judiciary and Rules Committee.

2/14/19 – Passed the Senate by a 29-6 vote.

3/1/19 – Passed the House by a 50-11 vote.

3/7/19 – Signed into law by Gov. Brad Little (R).

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