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 law. It allows certain individuals, including the mother, father, grandparents, siblings, and aunts or uncles of the preborn child, to file lawsuits against medical professionals who knowingly or recklessly perform or induce such abortions. The bill specifies that plaintiffs can seek damages, including statutory damages of at least $20,000, as well as costs and attorney's fees. Additionally, it introduces a mechanism for defendants to file a special motion for expedited dismissal of the case within 60 days of being served, which would stay all other proceedings until the court rules on the motion.

The bill also outlines various procedural aspects, including timelines for hearings and rulings on motions, and clarifies that civil actions can be pursued independently of any criminal actions. It prohibits certain defenses in these civil actions, such as consent from the pregnant woman or claims of ignorance of the law. Furthermore, it states that no enforcement of this section can be taken by the state or its subdivisions, and it restricts the ability of individuals who have committed certain crimes to bring actions under this section. The bill declares an emergency, making it effective on July 1, 2025.

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