Senate State Affairs panel advances amended fetal-heartbeat civil-action bill to amendment stage

The Senate State Affairs Committee voted to send S 1171 to the 14th Order of Business March 19 after sponsors described amendments that add an expedited, early-review process for civil lawsuits tied to Idaho’s fetal-heartbeat law.

Senator Lakey summarized changes intended to limit meritless suits and reduce legal costs by allowing an early review similar to the state’s anti-SLAPP process: a defendant would have 60 days to seek expedited review, followed by a 60-day hearing period and a 60-day window for a decision. The amendments also allow courts to stay proceedings during that review and permit awarding attorneys’ fees to the prevailing party, the senator said.

The bill as amended incorporates elements of the Defense of Life Act (Idaho Code § 18-622) and aligns civil and criminal regulations related to abortion in light of the U.S. Supreme Court’s Dobbs decision, Senator Lakey said. "These amendments preserve the key protections while creating an early filter to prevent meritless litigation," he stated.

David Ripley, Executive Director of Idaho Chooses Life, testified in support and said the change would address concerns raised by health-care providers, particularly obstetricians and gynecologists. David Lehman, speaking for Bingham Memorial Hospital, read a letter from several OB-GYNs backing the bill as a step toward clarity and reduced legal exposure for providers.

Christian Welp, representing the Catholic Church of Idaho, said he remained neutral pending confirmation of the amendments and asked for clarification about a potential conflict between the heartbeat law and the Defense of Life Act.

Senator Harris moved to send the bill to the 14th Order for possible amendment; Senator Den Hartog seconded the motion, which carried by voice vote.

The committee did not record a roll-call vote. The bill will return to the committee calendar for possible amendment and further consideration.