Scott Herndon
246 Otts Road
Sagle, ID 83860

AN INITIATIVE PROHIBITING ABORTION AND MAKING ITS PERFORMANCE OR PROCUREMENT MURDER OF THE FIRST DEGREE.

AN INITIATIVE RELATING TO THE PROHIBITION OF ABORTION; REPEALING CHAPTER 5, TITLE 18, IDAHO CODE; REPEALING CHAPTER 6, TITLE 18, IDAHO CODE; AMENDING SECTION 18-907, IDAHO CODE, TO REPEAL AN EXCEPTION FROM THE PROHIBITION OF AGGRAVATED BATTERY FOR CERTAIN ABORTION-RELATED CONDUCT AND TO REPEAL A REFERENCE TO CHAPTER 6, TITLE 18, IDAHO CODE; REPEALING SECTION 18-4016, IDAHO CODE; ADDING NEW SECTION TO CHAPTER 40, TITLE 18, IDAHO CODE, TO DEFINE THE TERMS UNBORN HUMAN BEING, CONCEPTION AND ABORTION, TO MAKE UNLAWFUL THE PERFORMANCE, PROCUREMENT, OR ATTEMPT TO PERFORM AN ABORTION, AND TO PROVIDE THAT ANY PERSON PERFORMING OR PROCURING AN ABORTION IS GUILTY OF MURDER IN THE FIRST DEGREE.

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Be It Enacted by the Voters of the State of Idaho:

We, the undersigned citizens and qualified electors of the State of Idaho, respectfully demand that the following proposed law, to-wit:

SECTION 1. That Chapter 5, Title 18, Idaho Code, be, and the same is hereby repealed.

SECTION 2. That Chapter 6, Title 18, Idaho Code, be, and the same is hereby repealed.

SECTION 3. That Section 18-907, Idaho Code, be, and the same is hereby amended to read as follows:

18-907. AGGRAVATED BATTERY DEFINED. (1) A person commits aggravated battery who, in committing battery:

(a) Causes great bodily harm, permanent disability or permanent disfigurement; or

(b) Uses a deadly weapon or instrument; or

(c) Uses any vitriol, corrosive acid, or a caustic chemical of any nature; or

(d) Uses any poison or other noxious or destructive substance or liquid; or

(e) Upon the person of a pregnant female, causes great bodily harm, permanent disability or permanent disfigurement to an embryo or fetus.

(2) For purposes of this section the terms "embryo" or "fetus" shall mean any human in utero.

(3) There shall be no prosecution under subsection (l)(e) of this section:

(a) Of any person for conduct relating to an abortion for which the consent of the pregnant female, or person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law.

(b) Of any person for any medical treatment of the pregnant female or her embryo or fetus; or

(c) Of any female with respect to her embryo or fetus.

(4) Nothing in this chapter is intended to amend or nullify the provisions of chapter 6, title 18, Idaho Code.

SECTION 4. That Section 18-4016, Idaho Code, be, and the same is hereby repealed.

SECTION 5. That Chapter 40, Title 18, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION, to be known and designated as Section 18-4018, Idaho Code, and to read as follows:

18-4018. DEFINITION OF UNBORN HUMAN BEING-PROVIDING FOR THE PROSECUTION OF CERTAIN PERSONS. (1) For purposes of this chapter (a) "unborn human being" shall mean the offspring of human beings from the moment of conception until either live birth or death, including the human conceptus, zygote, morula, blastocyst, embryo and fetus, whether conceived and/or located inside or outside the body of a human female;

(b) "Conception" means the fertilization of the ovum of a female individual by the sperm of a male individual;

(c) "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally kill an unborn human being;

(2) It shall be unlawful for any person to perform, procure, or attempt to perform an abortion.

(3) Any person who performs or procures an abortion shall be guilty of murder of the first degree.