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Idaho Rep. introduces bill to change word 'fetus' to 'preborn child' in text of state's code

On Day 2 of the 2024 legislative session Rep. Julianne Young, R-Blackfoot, introduced a bill to change all references of "fetus" to "preborn child" in Idaho code.
Credit: Brian Myrick / Idaho Press
Rep. Julianne Young sits in a hearing in this Feb. 7, 2023, file photo.

BOISE, Idaho — This article originally appeared in the Idaho Press

On Day 2 of the 2024 legislative session Rep. Julianne Young, R-Blackfoot, introduced a bill to change all references of "fetus" to "preborn child" in Idaho code. 

"It doesn't change legal definitions," Young said, "so it's not a substantive change in policy but it does replace a medicalized term with a term we all understand to be a person, which is the position of the state of Idaho when it comes to our preborn children." 

The House State Affairs Committee voted unanimously to introduce the bill so it can have a public hearing. 

Rep. John Gannon, R-Boise, asked that while the code around abortion was being edited if she would consider reducing the felony penalties for health care providers who perform abortions. 

Committee Chairman Brent Crane, R-Nampa, ruled the question out of order because it dealt with existing code and not the proposed bill. 

Rep. Colin Nash, D-Boise, indicated during the full hearing he would want to dig into whether the changes were intended as an "expression of values, or trying to make this consistent with Idaho code, or is this a potential for any conveyance of any further legal rights that we might grant to lots more children." 

The bill is 25 pages long and strikes through instances of the term "fetus" or "fetal" and in most cases replaces them with "preborn child." In sections of code that reference stillborn fetus, the bill would change the code to read "stillborn child." 

Planned Parenthood Alliance Advocates condemned the proposal in an emailed statement. The group argued it would "move Idaho law further away from medical accuracy" and "could create a pathway for further restricting reproductive rights of Idahoans including in vitro fertilization (IVF) treatments, some forms of birth control, and emergency contraception."

Young did not indicate that this was an intention of the bill, HB 381. 

"In addition to the legal confusion this could cause, the term “preborn child” enforces a singular viewpoint while ignoring different cultures, religions and perspectives," Idaho State Director of Planned Parenthood Alliance Advocates Mistie DelliCarpini-Tolman said in the emailed statement. "At its best, H0381 is a harmful waste of precious time." 

This article originally appeared in the Idaho Press, read more on IdahoPress.com. 

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