ASUI introduced a bill Wednesday opposing Idaho’s Fetal Heartbeat Preborn Child Protection Act, which would ban abortions after the detection of a fetal heartbeat, detectable after six weeks of pregnancy.
Idaho’s Senate Bill 1309, which was first introduced on Feb. 11, comes after a similar bill was passed in Texas that banned abortions at six weeks of pregnancy. In the case of Texas, abortion procedures dropped 50% in the state following the ban’s passage, while increasing the wait times in neighboring states.
Director of Legislative Affairs Lydia McRoberts noted the concerning implications that the bill’s passage would have for college students.
“As a person with a uterus I’m really tired of having other people tell me that I shouldn’t have the right to my future, and I truly believe that this is what (the bill) comes down to,” McRoberts said. “If I were to be pregnant right now my life would be destroyed and, like many young college-age people, I don’t have the financial means to raise a child well, nor the mental health to go through pregnancy.”
Like the Texas bill, the Idaho Fetal Heartbeat Act’s statement of purpose underlines the inclusion of “a private enforcement mechanism” that allows civil lawsuits to be filed against those who conduct “unlawful abortions after a fetal heartbeat can be detected.”
Under the proposed bill, the father, grandparent, sibling and aunt or uncle would be able to make a civil case on behalf of the preborn child. Medical professionals found to have either attempted or performed a criminal abortion would be subject to a statutory minimum of $20,000.
These penalties would become effective in Idaho once an appellate court upholds restrictions or bans for pre-born children with a fetal heartbeat so long as the ruling is confirmed to not be in violation of the U.S. Constitution.
Additionally, licensed healthcare professionals who knowingly circumvent the bill to perform an abortion would be committing criminal abortion and subject to a minimum of two years in prison and a maximum of five.
Sen. Briana Navarro noted that the six-week window of abortion is hardly enough as many are unaware they are pregnant within that time frame.
“Before a person even has the chance to decide whether or not they’re emotionally, physical and financially stable enough to carry a pregnancy to term, that decision has already been made for them,” Navarro said, adding that the limited window does not prevent abortions from happening illegally and under unsafe conditions.
Under the bill, an individual cannot perform an abortion if a fetal heartbeat is detected except in the event of a medical emergency, rape or incest. In the event of rape or incest, an adult woman would have to report the rape to law enforcement and provide a copy of the report to their physician prior to the procedure. A minor would have the additional option of reporting to child protective services and providing a copy of the report to their physician prior to the procedure.
“Making abortion illegal and/or putting heavier restrictions on it doesn’t prevent it, it just makes it unsafe,” Senate Pro-Tempore Cassidey Plum said. “I’m not pro-abortion in any way, but I’m pro-compassion.”
Royce McCandless can be reached at [email protected] or Twitter @roycemccandless