The bill amends Section 18-8807 of the Idaho Code to establish new provisions regarding civil causes of action related to abortions attempted or performed in violation of the Fetal Heartbeat Preborn Child Protection Act. It allows various relatives of the preborn child, including the mother, father, grandparents, siblings, and aunts or uncles, to maintain an action for damages against medical professionals who knowingly or recklessly violate the law. The bill introduces a special motion for expedited dismissal that defendants can file within sixty days of being served with a complaint, which will stay all other proceedings until the court rules on the motion. Additionally, it sets a timeline for the court to hear and rule on such motions, ensuring that the process is expedited.

The bill also clarifies that civil actions under this section exist independently of any criminal actions and that enforcement will be exclusively through private civil causes of action, prohibiting state intervention. It specifies that certain defenses, such as consent or ignorance of the law, cannot be used in these actions. Furthermore, it includes provisions regarding the awarding of attorney's fees and costs, emphasizing that a court may not award these to defendants unless specific conditions are met. The act declares an emergency, making it effective on July 1, 2025.

Statutes affected:
Bill Text: 18-8807
Engrossment 1: 18-8807