XXXth Legislature

LEGISLATURE OF THE STATE OF IDAHO

First Regular Session - 2015

IN THE HOUSE OF REPRESENTATIVES

HOUSE BILL NO. XXX
BY STATE AFFAIRS COMMITTEE
AN ACT
RELATING TO ABORTION; TO PROVIDE A SHORT TITLE; AMENDING CHAPTER 6,
TITLE 18, IDAHO CODE, BY THE ADDITION OF NEW SECTIONS 18-XXX
THROUGH 18-YYY, IDAHO CODE, TO DEFINE TERMS, TO PROVIDE
PROTECTIONS AND ESTABLISHED RIGHTS, PROVISIONS, FOR PRE-VIABLE
HUMAN LIVES; TO PROTECT THE RIGHTS OF THE FEMALE, AND TO DEFINE
THE EXTENT, CIRCUMSTANCES IN WHICH IT IS UNLAWFUL TO INFRINGE
UPON THE RIGHTS OF THE FEMALE, AND OF THEIR UNBORN CHILDREN.
Be It Enacted by the Legislature of the State of Idaho:
SECTION 1. SHORT TITLE. This act shall be known and may be cited as the
Sovereignty of Pre-viable Life and Womens Rights Act.
SECTION 2. That Chapter 6, Title 18, Idaho Code, be, and the same is hereby amended by
the addition thereto of NEW SECTIONS, to be known and designated as Sections 18-XXX through
18-YYY, Idaho Code, and to read as follows:
18-XX1.
SOVEREIGN RIGHTS OF WOMEN. (1) As used in this section:
(a)
Sovereign means rights pertaining to a female's bodily jurisdiction that, by this
legislation shall not be infringed upon or suspended in the interests of protecting a superceding third party.
(b)
Pre-viable means the life of an unborn child who cannot independently survive
outside of the womb, between the period of time of 8 weeks following conception, to 24
weeks following conception; OR between the period at which a Pre-viable life is established
by the detection of a heartbeat by a licensed physician, to 24 weeks following conception.
(c)
Physician has the same meaning as provided in section 18-604 (11), Idaho Code.
(2)
A physician shall refer, permit, or commit to any lawful abortion procedure that
ensures a woman's sovereign rights to life and liberty under USC. 14 I, provided no
diagnosis of the unborn child being 'pre-viable' is reported or recorded by a licensed
physician; unless the woman:
(a)
Has been unable to report or determine the nature of her conception within a period
of 8 weeks; between conception and pre-viability, to a physician; by way of having:
(I.)
Forcibly been inseminated.
(II.) Justified lack of personal responsibility due to significant physical or mental
illness.
(III.) Justified suspension of personal responsibility due to captivity, isolation,
unlawful imprisonment or otherwise temporary immobility.
(IV.) Misplaced personal responsibility.
(V.) Prolonged lack of physiological indicators for pregnancy.

(b)
Has discovered, with correspondence of a licensed physician, physical fetal
deformities or severe disabilities in the womb.
(3)
A woman's sovereign right to an abortion procedure is established and permitted
dependant on the classification given in 18-XX1 (2).
(a)
Dependent on a female's classification under 18-XX1 (2) (a), procedures or
medicines classified as abortifacients shall be prescribed, permitted, or facilitated no later
than:
(I.)
8 weeks, with a grace period of 4 weeks following the date of pre-viability in
which to take a course of action.
(II.) 8 weeks, with a grace period of 4 weeks following the date of pre-viability in
which to take a course of action.
(III.) 8 weeks, with a grace period of 4 weeks following the date of pre-viability in
which to take a course of action.
(IV.) 8 weeks, with a grace period of 3 weeks following the date of pre-viability in
which to take a course of action.
(V.) 8 weeks, with a grace period of 3 weeks following the date of pre-viability in
which to take a course of action.
(b)
Under 18-XX1 (2) (b), procedures or medicines classified as abortifacients shall be
prescribed, permitted, or facilitated no later than 16 weeks at the sole discretion of the
mother; however, the affirmation of both the mother and a licensed physician who has
reached a diagnosis of severe disability or deformity of the unborn child, extends this period
to a maximum of 24 weeks post-conception.
(4)
A woman's sovereign right to the protection of her own life is not super-ceded or
prioritized in the interests of third parties, unless:
(a)
A viable unborn child, that is diagnosed as having developed beyond 24 weeks postconception, is determined at the discretion of two (2) acting surgeons or physicians, to have
a better chance at sustaining life than that of the female patient, during a critical period
where the life of both parties is significantly threatened.
(b)
A female patient has voluntarily signed documentation in the interests of best
protecting her unborn child in case of serious casualties, co-signed by the patient's physician.
18-XX2.
SOVEREIGN RIGHTS OF PRE-VIABLE CHILDREN. (1) As used in this
section:
(a)
Sovereign means rights pertaining to an unborn child's bodily jurisdiction that, by
this legislation shall not be infringed upon or suspended in the interests of protecting a
super-ceding third party.
(b)
Pre-viable means the life of an unborn child who cannot independently survive
outside of the womb, between the period of time of 8 weeks following conception, to 24
weeks following conception; OR between the period at which a Pre-viable life is established
by the detection of a heartbeat by a licensed physician, to 24 weeks following conception.
(c)
Physician has the same meaning as provided in section 18-604 (11), Idaho Code.
(d)
Pre-viable Life means the establishment of sustained circulatory independence;
beginning at the detection of a heartbeat by a licensed physician, but otherwise legally
beginning at 8 weeks post-conception.
(2)
No unborn child shall be subject to termination at a point in their development by
which they are situated at or beyond the classification of pre-viable life, unless that
termination is delayed due to unwarranted, or otherwise unplanned pregnancy, by a period of
time which best protects the sovereign rights of both parties by defining periods of grace;
during a period in which a pre-viable life has been diagnosed as such.
(3)
An unborn child's sovereign rights as a vulnerable dependent, yet unique individual
are thereby established to the fullest extent of the law after a maximum period of 12 weeks

post-conception.
(a)
Following a period of 8 weeks, any and all pre-viable candidates are to fall under
partial jurisdiction of the state, who henceforth licenses dual-accountability of the
child's sovereign rights to the female, and to the patient's acting physician.
(b)
Preceding a period of 8 weeks, the decisions and accountability for an unborn child
are solely in the jurisdiction of the female; however any and all actions taken by the female
must take place within 8 weeks, in addition to a defined, associated period of grace, at a
maximum of 12 weeks post-conception.
(4)
Any pre-viable life form of 12 weeks post-conception, reserves the right to have its
interests represented by a physician, who may act with discretion on behalf of the
unborn child in affording the right to life and liberty; and subsequently protecting the child's
right to freedom of cruelty; which may either promote or dispel given procedures or
otherwise forms of abortion, whereby the patient falls under classification 18-XX1 (2) (b).
(a)
If a female's acting physician places preference of the sovereign rights of their
immediate patient over the sovereign rights of an unborn child, who is diagnosed or
classified as pre-viable, and between 8 to 12 weeks post-conception, any and all actions
taken must be recorded and signed by a second physician, who must carry out an equal, nonbiased, third party assessment between that of the female's, and the unborn child's
rights, under USC. 14 1, in order to determine the party whose rights lawfully, justly, and
appropriately warrant supersession, subject to the ideals of healthcare within the basic
framework that this legislation defines.
(b)
Any second opinions will become verified after a separate physician has made
sufficiently appropriate assessments of the condition of the unborn child, and sufficiently
recorded this information.
(c)
Any disputed outcome between separate, non-biased physicians of a female patient,
upon making the decision to carry out an abortion, mandates immediate, and permanent
protection of the pre-viable child's right to life, and should be subject to no further discourse
surrounding the proposal of termination, unless the patient's case is, or becomes protected by
18-XX1 (2) (b), or 18-XX1 (4).