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Idaho Criminalizing Abortion Trigger Bill (S 1385)

This law was last updated on Nov 15, 2020




S 1385


Signed into Law


Mar 2, 2020

Full Bill Text

S 1385 is a trigger law that will criminalize abortion right once it is given the right to do so by the federal government. Specifically, this bill will go into effect thirty days after the U.S. Supreme Court grants a decision or a constitutional amendment is created allowing states to regulate abortion.

Once this law is in effect, every person who performs or attempts to perform an abortion will have committed criminal abortion, a felony punishable by two to five years in prison. The health care professional’s license will also be suspended for at least six months for the first offense and permanently revoked for the second offense.

An abortion performed to save the life of the pregnant patient or if the procedure was done to save the life of the fetus will both be considered affirmative defenses against both the felony charge and license revocation.

Medical treatment that results in the death of fetus shall not be considered criminal abortion under this law.

Latest Action

3/2/2020 – Introduced

3/10/2020 – Reported out of Senate committee

3/12/2020 – Passed in Senate; Sent to House

3/18/2020 – Passed in House

3/24/2020 – Signed by Governor

Primary Sponsor

Senate State Affairs Committee