Rating: +1

Bill Summary:

Senate Bill 1171 amends Section 18-8807, Idaho Code, to expand civil enforcement provisions under the Fetal Heartbeat Preborn Child Protection Act. The bill allows specific relatives of an unborn child—such as the father, grandparents, siblings, aunts, and uncles—to file civil lawsuits against abortion providers who perform or attempt an abortion in violation of Idaho law. Plaintiffs are entitled to statutory damages of no less than $20,000, as well as compensatory damages, court costs, and attorney’s fees. The bill sets procedural rules for fast-tracking motions to dismiss and places limits on legal defenses that abortion providers may raise. It explicitly bars individuals who impregnated the woman through criminal conduct from bringing a claim. Enforcement is solely through civil action, with no prosecutorial involvement permitted beyond submitting amicus briefs. The bill includes an emergency clause and applies to violations occurring on or after July 1, 2025.

Reason for Rating:
S1171 aligns strongly with the Idaho Republican Party Platform by expanding legal protections for unborn children through civil enforcement. It empowers affected family members to hold abortion providers accountable without expanding government enforcement agencies. The bill supports a pro-life legal framework that deters illegal abortions while respecting limited government principles by shifting enforcement to private citizens. By imposing significant financial consequences on violators and closing common legal loopholes, it strengthens Idaho’s commitment to life and individual responsibility, justifying a positive rating.