The bill amends Section 18-8807 of the Idaho Code to establish a civil cause of action for individuals affected by an abortion that has been attempted or performed in violation of the law. It allows the mother, father, grandparents, siblings, aunts, and uncles of the preborn child to seek damages from medical professionals who knowingly or recklessly performed the abortion. The bill specifies that individuals can claim damages of at least $20,000, along with costs and attorney's fees, and sets a four-year limit for bringing such actions.

Additionally, the bill introduces new provisions that allow defendants to file a special motion for expedited dismissal within 60 days of being served with a complaint. It outlines the process for stays of proceedings during the motion, the timeline for court hearings, and the criteria for dismissing a cause of action. The bill also clarifies that civil actions can be pursued independently of any criminal actions and restricts the defenses available to those accused under this section. The act is set to take effect on July 1, 2025, due to an emergency declaration.

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