EMBRYOS, FETUSES, AND PREBORN CHILDREN – Amends and adds to existing law to establish provisions regarding applicability of the terms “embryo,” “fetus,” and “preborn child” in regards to a suit for wrongful death and the crimes of aggravated battery and homicide.

Idaho's S 1059 defines a "preborn child" as a living human being from fertilization, expanding criminal and civil protections to embryos and fetuses. It amends laws to include preborn children in wrongful death suits and crimes like aggravated battery (Section 18-907) and homicide (Sections 18-926 and 18-4018), removing prior exemptions for abortions, medical treatments, and maternal actions. The bill specifies that these provisions apply only prospectively (not retroactively) and exempts unintentional fetal death from life-saving medical procedures or miscarriages. It repeals Section 18-4016, which previously prohibited prosecuting certain abortion-related actions. The law aims to align legal protections for preborn children with those for born individuals under Idaho's equal protection clauses.