Senate Bill 1343 Summary

• Removes the affirmative defense provision that allowed defendants to avoid liability if they reasonably believed a physician would comply with fetal heartbeat requirements.

• Restricts courts from awarding costs and attorney's fees to defendants unless they complied with sections 18-8803 and 18-8804 of Idaho Code.

• Allows civil actions for violations of the fetal heartbeat protection law to be brought by the pregnant woman, father, grandparent, sibling, aunt, or uncle of the preborn child, with minimum statutory damages of $20,000.

• Redesignates Section 18-8703 as Section 18-8803 and clarifies that anyone performing or inducing an abortion must determine the presence of fetal heartbeat and record results in the pregnant woman's medical record (except in medical emergencies).

• Declares an emergency and makes the act effective upon enactment of Senate Bill 1309 in the Second Regular Session of the Sixty-sixth Idaho Legislature.