Bill Analyses and Ratings
Bill Information: S1370 – Abortion Trafficking: Remove ‘Recruiting’ Provision
Bill Summary
Senate Bill 1370 amends Idaho’s abortion trafficking statute (Section 18-623) by removing the word ‘recruiting’ from the list of actions that constitute the crime. Under existing law, an adult commits abortion trafficking when, intending to conceal an abortion from the parents or guardian of a pregnant unemancipated minor, they procure an abortion or obtain an abortion-inducing drug by recruiting, harboring, or transporting the minor within the state. After this amendment, only harboring or transporting the minor constitutes the crime — recruiting a minor for such purposes is no longer a criminal act under this statute.
The bill leaves all other provisions of the abortion trafficking law intact: the 2-to-5-year prison sentence, the affirmative defense requiring parental consent, the provision that out-of-state abortion providers do not shield defendants from prosecution, and the attorney general’s authority to prosecute when a local prosecutor refuses to act. The emergency clause makes the change effective July 1, 2026.
This is a single-word deletion that narrows the scope of criminal liability. An adult who verbally encourages, solicits, or otherwise recruits a pregnant minor to seek an abortion without parental knowledge can no longer be prosecuted under this statute — only those who physically harbor or transport the minor remain subject to criminal penalties.
Overall Assessment
By removing ‘recruiting’ from the abortion trafficking statute, this bill narrows the law’s reach so that adults who solicit or encourage a pregnant unemancipated minor to seek an abortion without parental knowledge face no criminal liability — only those who physically harbor or transport the minor can be prosecuted. This weakens Idaho’s existing framework for enforcing parental notification in abortion decisions involving minors, reducing the legal tools available to protect parental rights in this context.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (0)
The bill makes a single-word deletion to a criminal statute and has no effect on fiscal policy, government spending, taxation, or the size and structure of state government.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
The bill modifies a criminal code provision related to abortion trafficking and has no bearing on elections, voting procedures, citizen participation, or civic engagement mechanisms.
ARTICLE III. EDUCATION (0)
The bill concerns criminal law and has no connection to education policy, school funding, curriculum, or parental rights in educational settings.
ARTICLE IV. AGRICULTURE (0)
The bill's subject matter — abortion trafficking criminal law — has no relationship to agriculture, farming, ranching, or related markets and regulations.
ARTICLE V. WATER (0)
The bill makes no changes to water rights, water management, or any policy governing Idaho's water resources.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
The bill's single-word amendment to a criminal statute has no connection to natural resource management, environmental policy, or land stewardship.
ARTICLE VII. ENERGY (0)
The bill makes no changes to energy production, regulation, rates, or independence policy.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
The bill has no connection to the Idaho National Laboratory, nuclear research, or technology development programs.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
The bill modifies a criminal statute and does not affect property rights, land use regulations, or government takings.
ARTICLE X. STATE AND FEDERAL LANDS (0)
The bill makes no changes to land ownership, federal land management, or state sovereignty over public lands.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
The bill has no connection to wildlife, hunting, fishing, predator control, or recreational land access.
ARTICLE XII. ECONOMY (0)
The bill's narrow criminal code amendment has no effect on commerce, small business regulation, labor markets, or economic development.
ARTICLE XIII. HEALTH AND WELFARE (-1)
The deletion of 'recruiting' reduces the legal protections available to parents over their minor children's medical decisions. An adult who actively solicits or encourages a pregnant minor to obtain an abortion without parental knowledge is no longer subject to criminal penalties under this statute, undermining parental authority in a medical context that existing law was designed to protect.
ARTICLE XIV. AMERICAN FAMILY (-1)
The removal of 'recruiting' from Section 18-623 weakens the legal framework that enforces parental rights over unemancipated minors facing abortion decisions. Adults who verbally recruit or solicit a minor to circumvent parental knowledge and consent can no longer be prosecuted under this law, directly reducing the enforceability of parental authority in one of the most consequential decisions a minor can face.
ARTICLE XV. OLDER AMERICANS (0)
The bill concerns criminal law governing abortion-related conduct involving minors and has no connection to policies affecting older Idahoans.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (0)
While the bill modifies a criminal statute, the change narrows rather than strengthens criminal liability by removing one prohibited act from the abortion trafficking law. The bill's effect on the broader criminal justice framework — sentencing, prosecution authority, victims' rights — is negligible, as all other provisions of the statute remain unchanged.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)
The bill has no connection to national defense, military affairs, veterans, or border security.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
The bill makes no changes to judicial selection, court procedures, or constitutional interpretation standards.
ARTICLE XIX. RELIGIOUS LIBERTY (0)
The bill makes no changes to religious freedom protections, conscience clauses, or government interference in religious practice.