BOISE, Idaho — This article first appeared in the Idaho Press.
In four pieces of proposed legislation, Sen. Scott Herndon, R-Sagle, sought to change the state’s abortion laws, remove requirements for public works contractors to provide bathrooms that align with gender identity, and strengthen the state’s “Stand Your Ground” laws; the one proposal of his that the Senate State Affairs Committee members did not vote to introduce would have removed rape and incest exemptions from Idaho’s abortion bans.
Speaking on Martin Luther King Jr. Day/Idaho Human Rights Day, Herndon equated his efforts to offer “equal protection” under the law to fetuses to King’s civil rights efforts.
“It’s kind of auspicious that today is Martin Luther King Jr. Day, and he spent 13 years advancing the civil rights of people based on certain characteristics, and this does the same thing,” Herndon told the committee.
Minority Leader Sen. Melissa Wintrow, D-Boise, asked about situations in which teenage girls were raped by an uncle or father and if that girl would be forced to carry her pregnancy to term under Herndon’s proposed legislation.
Herndon replied, “some people could describe the situation that you’re talking about as the opportunity to have the child under those terrible circumstances, if the rape actually occurred.”
Currently, the abortion ban includes an affirmative defense for abortions performed in cases of rape and incest if a police report is filed, but Herndon said that is merely an allegation that a rape or incest took place.
The committee voted to return the proposal to the senator rather than introducing it as a bill, with only Sen. Ben Toews, R-Coeur d’Alene, voting against it.
Sen. Treg Bernt, R-Meridian, told the Idaho Press he felt the proposed legislation went too far.
“Those exemptions are important and need to be respected under the law,” Bernt said.
Sens. Chuck Winder, R-Boise; Kelly Anthon, R-Burley; and Abby Lee, R-Fruitland, were absent.
The legislation Herndon did successfully introduce relating to abortion would add definitions of abortion and embryo or fetus. The proposal would amend the state’s trigger ban to say that embryo or fetus would, “mean any human in utero”—which Herndon said would clarify that the criminal penalties for performing an abortion do not apply to treatment for an ectopic pregnancy, which is when the fetus develops outside of the uterus.
The bill would add the definition, “‘Abortion’ means the use or prescription of any instrument, medicine, drug, or other substance or device to intentionally kill a living embryo or fetus. ‘Abortion’ shall not include the unintentional death of any human embryo or fetus.”
He said adding that the embryo or fetus is “living” and clarified that there would be no prosecution if an abortion was done when the fetus had miscarried.
The proposed bill adds that any person who provides care to a pregnant woman to save her life that results in the accidental death or injury to the fetus will not be prosecuted under the ban. Previously this only applied to healthcare professionals, but Herndon said he wanted to expand it to include all first responders.
Bernt said he would vote to introduce the legislation, “just to do more research on it.”
“I just need to learn more about it,” the freshman Senator told the Idaho Press. He said he’d want to reach out to healthcare professionals as he looked into this legislation and its potential effects.
Herndon on Monday morning also brought forward legislation which, unless it’s required by federal law, states that public works contractors are not required to offer access to multiple-occupancy bathroom, changing room, or shower facilities to those whose gender identity is different from their biological sex.
In 2014, President Barack Obama signed an executive order banning federal contracts from discriminating on the basis of gender identity or sexual orientation. Herndon said that in projects in which federal funds are not used, the contracts do not have to include provisions that would allow people to use the bathrooms that align with their gender identity.
Wintrow asked Herndon, “I’m curious, how do we know somebody is transgender and how would we prohibit them from using a bathroom or shower facility?”
Herndon said the bill only prohibits provisions in contracts and would not be determining if people are transgender.
Wintrow was the only committee member to vote against the introduction of the legislation.
Herndon, in his fourth proposal of the day, sought to add to the state’s “Stand Your Ground” laws, which allow for use of deadly force if someone is “protecting himself or his family by reasonable means necessary” and if they reasonably fear “imminent peril of death or serious bodily injury,” the current law states.
Herndon would like to add a section to the current statute that would allow for a pre-trial immunity hearing within 14 days if someone is arrested for use of force and they file a motion to dismiss on the basis of self-defense.
To overcome the immunity, prosecutors would have to prove “by clear and convincing evidence,” which is an elevated standard of evidence.
If a case went to trial, and a jury found the defendant not guilty, there would be a separate question posed to the jury about whether the finding was based upon self-defense. If the jury answered yes, the judge could require the recovery of all of the defendant’s costs.
Wintrow voted to introduce the legislation but said she still had “a lot of questions” about how it would affect law enforcement and court proceedings.
The legislation that was voted to be introduced will be assigned a bill number and then introduced by being read on the floor.
This article originally appeared in the Idaho Press, read more on IdahoPress.com.
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