The proposed legislation, known as the "Idaho Prenatal Equal Protection Act," aims to extend legal protections to preborn children by defining them as persons under Idaho law. It introduces a new section, 5-311A, which states that "person" includes a preborn child, defined as a living human being from the moment of fertilization. The bill seeks to align state law with constitutional mandates for equal protection, thereby removing provisions that could allow for willful prenatal homicide and pressure on pregnant women to abort. Additionally, it establishes that enforcement for preborn children will be subject to the same legal standards as those for born individuals.

The bill also amends existing laws, including the removal of certain definitions and exemptions related to the prosecution of prenatal harm, and introduces new sections in Chapters 9 and 40 of Title 18 to clarify the definitions of "embryo" and "fetus" as preborn children. It repeals Section 18-4016, which previously defined a human embryo and fetus and included provisions for exemptions from prosecution. The legislation declares an emergency, allowing it to take effect immediately upon passage and approval.

Statutes affected:
Bill Text: 18-907, 18-4016