By Ruth Brown, Idaho Reports
House State Affairs on Monday introduced a bill amending Idaho’s existing abortion law to clarify medical exemptions that would make it legal to terminate a pregnancy.
Idaho law currently only allows abortion in cases of reported rape, incest, or life of the mother.
Rep. Megan Blanksma, R-Hammett, said the bill was a “clean up” bill and codifies the Idaho Supreme Court findings in Planned Parenthood v Idaho, decided Jan. 5, 2023.
The bill clarifies that IUDs and birth control pills are not abortions. It also clarifies there are exemptions for the removal “of a dead unborn child,” “the removal of an ectopic or molar pregnancy” and the treatment of “a woman who is no longer pregnant.”
These medical issues are all subjects brought up in the last year.
The bill also retitles Idaho Code 18-622, naming it the “Defense of Life Act” rather than “Criminal abortion” and still holds that anyone who performs a criminal abortion shall be punished by two to five years in prison. It removes the affirmative defense section of code, instead outlining what shall not be considered criminal abortion.
It changes the language granting a physician the ability to perform an abortion from in “his good faith” to in “reasonable medical judgement” and adds “to treat a physical condition of the woman that if left untreated would be life-threatening.”
Because Idaho only allows abortions to rape and incest victims who have reported to police, opponents have raised concerns that obtaining a report would be impossible for a victim while a police investigation is pending.
Blanskma’s bill adds a section saying a copy of the woman’s report shall be added to her medical record and a copy of the report shall be provided by law enforcement is she is the victim of the rape or incest.
Should the bill pass, upon request, the victim is entitled to receive a copy of the report within 72 hours of the report being made, even if the report is redacted in part to avoid interference with an investigation.
The bill must still receive a public hearing before moving forward.
Ruth Brown | Producer
Ruth Brown grew up in South Dakota and her first job out of college was covering the South Dakota Legislature. She’s since moved on to Idaho lawmakers. Brown spent 10 years working in print journalism, including newspapers such as the Idaho Statesman and Idaho Press, where she’s covered everything from the correctional system to health care issues. She joined Idaho Reports in 2021 and looks forward to telling stories about how state policy can impact the lives of regular Idahoans.
