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 clarifies that "person" includes a preborn child and defines a "preborn child" as a living human being from the moment of fertilization. The bill also amends existing laws to remove definitions and provisions that could allow for exemptions from prosecution related to prenatal harm, thereby reinforcing the legal status of preborn children and ensuring they receive the same protections as born individuals.

Additionally, the bill repeals Section 18-4016, which previously defined a human embryo and fetus and included provisions for the non-prosecution of certain individuals. New sections 18-926 and 18-4018 are added to define terms related to embryos and fetuses, establish their legal applicability, and outline the conditions under which enforcement will occur. The legislation emphasizes that the provisions will not apply retroactively and declares an emergency for immediate enactment upon passage.

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