S 1171 — FETAL HEARTBEAT PREBORN CHILD PROTECTION ACT – Amends existing law to establish provisions regarding a civil cause of action when an abortion has been attempted or performed.

11711171, As Amended BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO THE FETAL HEARTBEAT PREBORN CHILD PROTECTION ACT;

(3) ToNo prevaillater underthan thissixty section,(60) thedays plaintiffafter musta establishdefendant is served with a com- plaint or other pleading that theasserts defendanta morecause likelyof thanaction notunder violatedthis thesection, provisionsor at a later time on a showing of good cause, the defensedefendant ofmay lifefile act,a asspecial containedmotion infor sectionexpedited 18-622,dismissal Idahoregarding Code.the cause of action.

(4)(4)(a) NoExcept lateras thanotherwise sixtyprovided (60)in daysparagraphs after(d) athrough defendant(g) isof servedthis withsubsection, aupon com-the plaintfiling orof othera pleadingmotion thatpursuant assertsto asubsection cause(3) of action under this section, orall atother aproceedings laterbetween timethe onplaintiff aand showingthe ofde good- cause,fendant, theincluding defendantdiscovery mayand file a specialpending motionhearing foror expeditedmotion, reliefshall regardingbe thestayed. cause of action.

(5)(a)(b) ExceptA asstay otherwiseissued providedpursuant into paragraphsparagraph (d)(a) through (g) of this subsection,subsection uponshall there- filingmain in effect until entry of aan order ruling on the motion pursuant to subsection (4)(3) of this section,section allor otherexpiration proceedingsof between the plaintifftime andfor the demoving -party fendant,to includingappeal discoverythe andorder apursuant pendingto hearingsubsection or(9) motion,of shallthis besection, stayed.per applicable court rule.

(b)(c) AExcept stayas issuedotherwise pursuantprovided toin paragraphparagraphs (a)(e), of(f), thisand subsection(g) shallof re-this mainsubsection, inif effecta untilparty entryappeals of an order ruling on thea motion pursuant to subsection (4)(3) of this sectionsection, orall expirationproceedings ofbetween theall timeparties forin the movingaction partyshall tobe appealstayed. the order pursuant to subsection (10) of this section, per applicable court rule.

(c) Except as otherwise provided in paragraphs (e), (f), and (g) of this subsection, if a party appeals an order ruling on a motion pursuant to subsection (4) of this section, all proceedings between all parties in the action shall be stayed.

(d) During a stay issued pursuant to paragraph (a) of this subsection, the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden pursuant to subsection (8)(7) of this section and the information is not reasonably available unless discovery is allowed.

(e) A motion pursuant to subsection (11)(10) of this section for costs, at- torney's fees, and expenses shall not be subject to a stay pursuant to this subsection.

(g) During a stay issued pursuant to the provisions of this subsection, the court for good cause may hear and rule on a motion unrelated to the motion pursuant to subsection (4)(3) of this section.

(6)(a)(5)(a) The court shall hear a motion pursuant to subsection (4)(3) of this section no later than sixty (60) days after filing of the motion, unless the court orders a later hearing:

(i) To allow discovery pursuant to subsection (5)(d)(4)(d) of this sec- tion;

(b) If the court orders a later hearing pursuant to paragraph (a) of this subsection, the court shall hear the motion pursuant to subsection (5)(4) of this section no later than sixty (60) days after the court or - der allowing the discovery, unless the court orders a later hearing pur - suant to paragraph (a)(ii) of this subsection.

(7)(6) In ruling on a motion pursuant to subsection (4)(3) of this section, the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment pursuant to applicable court rule.

(8)(a)(7)(a) In ruling on a motion pursuant to subsection (4)(3) of this section, the court shall dismiss with prejudice a cause of action or part of a cause of action if:

or (ii) The moving party establishes that:that the responding party failed to state a cause of action upon which relief can be granted.

1.(b) A voluntary dismissal with or without prejudice of a responding party's cause of action or part of a cause of action that is the subject of a motion pursuant to subsection (3) of this section shall not affect a moving party's right to obtain a ruling on the motion and to seek costs, attorney's fees, and expenses pursuant to subsection (10) of this sec - tion.

(8) The respondingcourt partyshall failedrule on a motion pursuant to statesubsection (3) of this section no later than sixty (60) days after a causehearing ofheld actionpursuant uponto whichsub relief- cansection be(5) granted;of this section.

(9) A moving party may appeal as a matter of right from an order deny- ing, in whole or 2.in part, a motion pursuant to subsection (3) of this section.

There is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the cause of action or part of the cause of action.

(b) A voluntary dismissal with or without prejudice of a responding party's cause of action or part of a cause of action that is the subject of a motion pursuant to subsection (4) of this section shall not affect a moving party's right to obtain a ruling on the motion and to seek costs, attorney's fees, and expenses pursuant to subsection (11) of this sec- tion.

(9) The court shall rule on a motion pursuant to subsection (4) of this section no later than sixty (60) days after a hearing held pursuant to sub- section (6) of this section.

(10) A moving party may appeal as a matter of right from an order deny- ing, in whole or in part, a motion pursuant to subsection (4) of this section.

(11)(10) Upon a motion pursuant to subsection (4)(3) of this section, the court shall award court costs, reasonable attorney's fees, and reasonable litigalitiga- - tion expenses relatedincurred in pursuing or responding to the motion to the prevailingpre- vailing party.

(3) (12)(11) Notwithstanding Except as provided in subsection (11)(10) of this section and notwithstanding any other provision of law, including chapter 1, title 12, Idaho Code, a court may not award costs or attorney's fees to a defendant in an action brought under this section unless the defendant has complied with the applicable requirements of sections 18-8803 and 18-8804, Idaho CodeCode. court finds that the defendant has complied with the defense of life act, as contained in section 18-622, Idaho Code .

(4) (13)(12) The civil causes of action provided for in this section exist independently of any criminal action commenced pursuant to this chapter.

(5) (14)(13) Notwithstanding any other provision of law, including chap- ters 14, 17, and 18, title 54, Idaho Code, the requirements of this section shall be enforced exclusively through the private civil causes of action described.

(6) (15)(14) Notwithstanding any other provision of law, this state, a state official, or a prosecuting attorney may not intervene in an action brought under this section.

(7) (16)(15) Nothing in this section shall be deemed to affect any familial rights or responsibilities or any proceedings conducted under Idaho law.

(8) (17)(16) In an action brought under this section, a court may not award compensatory or punitive damages if a person demonstrates that the person paid, or has been ordered to pay, compensatory or punitive damages, respec- tively, in a previous civil action for that particular violation of this chapter.

(9) (18)(17) Notwithstanding any other law to the contrary, a civil action may not be brought under this section by a person who, through an act of rape, sexual assault, incest, or other criminal conduct, impregnated the pregnant woman seeking an abortion in violation of this chapter.

(10) (19)(18) Notwithstanding any other law to the contrary, the following shall not be defenses to an action brought under this section:

(11) (20)(19) Notwithstanding Except as provided in subsection (11)(10) of this section and notwithstanding any other law to the contrary, a court may:

(12) (21)(20) The provisions of this section shall not be construed to im- pose liability on speech or conduct protected by the first amendment of the United States constitution or by section 9, article I of the constitution of the state of Idaho.