Capitol Letters | The Idaho Legislature Report
By Ryan Suppe, State Politics Reporter
A new bill would change Idaho’s criminal abortion statute to define the procedure as “intentionally” killing a “living embryo or fetus.”
The change seeks to clarify that Idaho’s near-total abortion ban does not apply to pregnancies in which the fetus has already died, said the bill sponsor, Sen. Scott Herndon, R-Sagle. Those parameters include ectopic pregnancies, when a fertilized egg implants outside the uterus, if the fetus has died.
Herndon said he spoke with medical providers who questioned whether Idaho’s “criminal abortion” law prohibits treating ectopic pregnancies.
“It offers clarity to our medical community that we are not talking about treatment in an ectopic pregnancy when we are talking about our criminal abortion ban,” Herndon said Monday, before the Senate State Affairs Committee voted to introduce his proposal.
Repeal of abortion exceptions rejected
Herndon, a freshman lawmaker, pitched four bills in all on Monday.
The Senate State Affairs Committee rejected one of the proposals, which would have repealed legal defenses for abortion providers if a pregnancy they terminated resulted from rape or incest.
Herndon compared the proposal to Martin Luther King Jr.’s advancement of civil rights.
“This legislation basically seeks to offer equal protection under the law to all children conceived,” Herndon said the day the nation honors the slain civil rights leader. King “spent 13 years advancing the civil rights of people based on certain characteristics, and this does the same thing. It seeks to advance civil rights based on certain characteristics.”
Senate Minority Leader Melissa Wintrow, D-Boise, who objected to the MLK comparison, asked Herndon whether a 13-year-old who was raped, “one of the most intimate and violent experiences she might have in her life,” would be “forced to carry that pregnancy to term.”
Herndon said, “Using the word ‘force’ is actually the problem.” Under his proposal, the state would not place “any undue influence or pressure on anybody related to the circumstances,” he said.
“Some people could describe the situation that you’re talking about as the opportunity to have a child in those terrible circumstances, if the rape actually occurred,” he said.
Herndon introduced two other bills yesterday. One would block the state and local governments from requiring contractors to provide transgender people access to restrooms that align with their gender identities.
The other, inspired by cases involving Kyle Rittenhouse and Mark McCloskey, seeks to strengthen legal protections for people who use, or threaten, force and claim self-defense.
Read my full story on all four of Herndon’s proposals here.
Why court had ‘no power to prosecute’ Meridian playground case
When Idaho Attorney General Raúl Labrador this month called to dismiss a case against an activist who defied a COVID-19 order, questions were raised about the role of the state’s top attorney in local prosecutions.
It’s not unusual for the attorney general to take over local prosecutions under similar circumstances, former attorneys general told the Idaho Statesman.
Local prosecutors seek assistance, from the state or another city or county, when conflicts arise or when they lack experience in a particular subject, said Jim Jones, Idaho attorney general from 1983 to 1991, who later served as chief justice of the Idaho Supreme Court.
“It doesn’t happen a great number of times, but it happens fairly frequently,” Jones said by phone.
But it’s important that the state’s attorney maintain cooperative and cordial relationships with local law enforcement, and Labrador’s office fell short in this case, the former attorneys general said.
Meridian officials said they were caught off-guard by Labrador’s motion to dismiss the case, after years of work by his predecessor. Mayor Robert Simison called the move “abhorrent,” while Police Chief Tracy Basterrechea accused Labrador of “political grandstanding.”
“I’m disappointed that more harmonious relations weren’t achieved,” said David Leroy, Idaho attorney general from 1979 to 1983, who endorsed Labrador’s campaign and supported his decision to drop the case.
Jones and Leroy disagreed, however, on whether Labrador should have dropped the case.
Read my full story here.
While faith healing bill remains unchanged, more kids die
Idaho for years has allowed parents to withhold life-saving treatment for their kids without legal repercussions. And efforts to repeal the religious exemption have been stalled amid concerns of religious rights and medical freedom.
Coroner’s reports obtained through records requests by the Idaho Statesman showed eight more children died in Canyon County, where the Followers of Christ’s largest church group is located, since 2020.
“How many people are willing to sit back and say, ‘This doesn’t affect me’?” said Linda Martin, who was raised as a church member and now lobbies against faith healing exemptions. “When you see that kids are hurting, how do you step away when you can help?”
Read reporter Nicole Blanchard’s full story here.
What to expect today
Tuesday is shaping up to be a busy day in committees. Here’s what’s on the agendas.
The House Health and Welfare Committee will consider a proposal to repeal the Food Stamp Revolving Fund, a 1941 appropriation statute that directs “surplus agricultural products to needy persons and families.” The proposal is sponsored by freshman Rep. Jordan Redman, R-Coeur d’Alene.
The House State Affairs Committee will consider a proposal dealing with a House rule on “personal bills” from Rep. Vito Barbieri, R-Dalton Gardens. Reps. Britt Raybould, R-Rexburg, and Brent Crane, R-Nampa, last week introduced competing legislation that would block personal bills from being called to the House floor.
Rep. Heather Scott, R-Blanchard, will present two proposals to the House Judiciary, Rules and Administration Committee. One deals with terminating parental rights for sex offenders; the other, civil liability for bad faith allegations to child protection services.
Herndon heads to the Senate Health and Welfare Committee, where he’ll introduce a proposal related to vaccines in daycare.
Find the full list of committee meetings and agendas for the House here, and for the Senate here.
Catch up on last session
Last year, in 81 days of the legislative session, the Statesman wrote at least 84 in-depth stories and 54 Capitol Letters newsletters, covering more than 40 pieces of legislation.
Lost track of high-profile bills? We got that covered. Find out where they landed at the end of last year’s regular legislative session here.
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