Idaho Pain-Capable Unborn Child Protection Act (S 1165)
This law was last updated on Aug 7, 2013
20-Week Abortion Ban
S 1165 bans abortion at 20 weeks post-fertilization unless abortion is necessary to avert death of a pregnant woman, or to “avert serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions,” or to “preserve the life of the unborn child.” The bill also contains provisions on abortion reporting requirements.
The bill includes legislative findings based on junk science that a fetus can feel pain at 20 weeks.
Physician Reporting Requirements
Abortion providers are required to report to the state department of health: (1) The post-fertilization age of the fetus, how it was determined, and if it was not determined, the basis that a medical emergency existed; (2) If the post-fertilization age is 20 weeks or more and an abortion was performed, whether the method performed provided the best opportunity for the fetus to survive; and the medical basis for the determination that an abortion was required to avert the death or serious impairment to the pregnant woman.
By June 30 of each year, the department of health still issued a public report providing statistics compiled from all the reports provided by physicians.
Litigation Defense Fund
The bill established the Pain-Capable Unborn Child Protection Act Litigation Fund in order to pay for expenses incurred by the Attorney General in defending the law. That fund may include appropriations, donations, and gifts to the account.
Codified at Idaho Code Section 18-505.
In March 2013, a district court judge struck down this bill as unconstitutional. (See McCormack v. Hiedeman.)