ID S1358

Removes the affirmative defense provision that allowed defendants to avoid liability by claiming reasonable belief that physicians would comply with fetal heartbeat requirements.

Restricts defendants from recovering costs and attorney's fees in civil actions unless they complied with applicable requirements in sections 18-8803 and 18-8804 of Idaho Code.

Redesignates section 18-8703 as section 18-8803 regarding determination of fetal heartbeat requirements for persons performing abortions.

Maintains existing civil cause of action allowing females, fathers, grandparents, siblings, aunts, and uncles of preborn children to sue medical professionals for violating fetal heartbeat protections with minimum statutory damages of $20,000.

Declares an emergency effective date upon enactment of Senate Bill No. 1309 in the 2022 legislative session.