BOISE, Idaho — Helping a pregnant minor get a legal abortion in another state could soon be punishable by prison time in Idaho.
The Idaho Senate passed the "abortion trafficking bill" 27-7 on Thursday, along party lines. The House passed the bill with amendments later that afternoon, sending it to the governor's desk. Gov. Brad Little could sign the bill, veto it or let the bill pass into law without his signature.
H 242 makes it illegal for someone to obtain abortion pills for a minor; it also prohibits “recruiting, harboring, or transporting the pregnant minor" without parental consent. If local prosecutors refuse to try a case like this due to lack of evidence or any other reason, there are provisions within the bill to allow Idaho Attorney General Raúl Labrador to prosecute it instead.
On Thursday, Stanton Healthcare, a clinic known for its anti-abortion stance, released a statement calling those who send abortion pills through mail "drug cartel-type groups" in response to Labrador issuing a legal analysis to a lawmaker.
In his analysis, Labrador told the lawmaker that Idaho's criminal statute on abortion includes providing abortion pills, and that law prohibits a medical provider from even referring a patient to travel across state lines to get an abortion or prescribing abortion medication for the pregnant person to pick up elsewhere.
If someone is convicted of "abortion trafficking" they face two to five years in prison, according to the bill text. No other state has enacted this type of legislation — it would make Idaho the most restricted state for any type of abortion access. The bill also gives prosecutors the ability to bring forth charges within four years after the action.
Even so, one senator argued this bill doesn't go far enough.
Sen. Scott Herndon, R-Sagle, said he approves of the bill but had problems with a section that gives exceptions to parents who have consented for an out-of-state abortion.
"I hope we fix that, because that's not equal protection... No parent should be allowed that protection," Herndon said.
The bill sponsor, Sen. Todd Lakey, R-Nampa, said there is "nefarious intent" of someone transporting a minor across state lines for an abortion and later concealing it from a guardian.
“This does help protect our kids and protect against abortion," Lakey told the Senate.
Others were not so sure how the bill would even be enforced.
Sen. James Ruchti, D-Pocatello, said the only crime someone would be committing is "traveling," and Ruchti said that isn't a crime.
"The act doesn't occur until they're in another state, where that act is legal," Ruchti said. "This goes way too far. This is the government trying to dictate other states and limit travel. I'm calling it like I see it."
Sen. Melissa Wintrow, D-Boise, told the floor, "This bill is unnecessary and unneeded, and further shackles young girls who are in trouble and need help — and harms the people trying to help her."
A spokesperson for Planned Parenthood Alliance Advocates told The Associated Press if this does pass, "there will absolutely be a legal battle."
The Center for Disease Control and Prevention (CDC) reports that in 2020, a very small number of those who received abortion care were minors.
Teens ages 13 to 19 accounted for 8% of those who had abortions, the CDC reports.
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