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ID S1386
Bill
Status
3/4/2016
Primary Sponsor
State Affairs Committee
Click for details
AI Summary
Senate Bill 1386 - Idaho Unborn Child Protection from Dismemberment Abortion Act
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Prohibits dismemberment abortions (removing fetal parts using clamps, forceps, or similar instruments) unless necessary to prevent serious health risk to the mother; does not apply to suction-based abortions or abortions following fetal demise.
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Allows the Attorney General or prosecuting attorneys to seek injunctions against dismemberment abortions and permits civil actions by the pregnant woman, married father, or maternal grandparents against violators.
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Criminalizes performing dismemberment abortions as a felony punishable by a fine up to $10,000 and/or imprisonment up to 2 years; exempts women who undergo the procedure and non-physician employees acting under physician direction.
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Repeals existing partial-birth abortion law and replaces it with new prohibitions; allows civil actions by the father (if married) or maternal grandparents, with damages including mental/physical injury compensation and treble damages equal to three times the abortion procedure cost.
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Requires physicians performing partial-birth abortions to request a hearing before the state board of medicine to determine if the procedure was necessary to save the mother's life; grants women immunity from prosecution related to partial-birth abortions.
Legislative Description
Repeals, amends and adds to existing law to prohibit dismemberment abortions, to provide for protection of privacy in court proceedings, to provide for injunctions against dismemberment abortions and to provide civil remedies.
ABORTION
Last Action
Reported Printed; referred to State Affairs
3/7/2016