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Full Text of SB1083  93rd General Assembly

SB1083 93rd General Assembly


093_SB1083

 
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 1        AN ACT in relation to civil liabilities.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title. This Act may  be  cited  as  the
 5    Induced Birth Infant  Liability Act.

 6        Section  5.  Findings  and  intent.  The General Assembly
 7    finds that all children who are born alive  are  entitled  to
 8    equal   protection   under   the   law   regardless   of  the
 9    circumstances surrounding the birth.  Children who  are  born
10    alive as the result of an induced labor abortion or any other
11    abortion  are  in  special need of protection due to the fact
12    that the intent of their birth is to cause the death  of  the
13    born  child.   Therefore,  it  is  the  intent of the General
14    Assembly to protect a child who is born alive as  the  result
15    of  an  induced  labor  abortion or any other abortion and to
16    ensure that the child receives all medical care necessary  to
17    preserve  and  protect  the  life,  health, and safety of the
18    child.

19        Section 10.  Induced labor abortion; actions. If a  child
20    is  born  alive  after an induced labor abortion or any other
21    abortion, a parent of the child or the public guardian of the
22    county in which the child was born may maintain an action  on
23    the  child's  behalf for damages, including all costs of care
24    to preserve and protect the life, health, and safety  of  the
25    child,  punitive damages, costs of suit, and attorney's fees,
26    against any hospital, health care facility,  or  health  care
27    provider  who harms or neglects the child or fails to provide
28    medical care to  the  child  after  the  child's  birth.  Any
29    damages  recovered  shall  be  used  to  pay  for the cost of
30    preserving and protecting the life, health, and safety of the
 
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 1    child. If the child does not survive, the  balance  remaining
 2    after  the  costs  of  preserving  and  protecting  the life,
 3    health, and safety of the child are paid shall  be  deposited
 4    into the Neonatal Care and Perinatal Hospice Fund.

 5        Section  15.  Neonatal  Care  and Perinatal Hospice Fund.
 6    The Neonatal Care and Perinatal Hospice Fund is created as  a
 7    special fund in the State treasury. Moneys deposited into the
 8    Fund   shall,  subject  to  appropriation,  be  used  by  the
 9    Department of Public Health to make grants for neonatal  care
10    or perinatal hospice.

11        Section  90.  The  State Finance Act is amended by adding
12    Section 5.595 as follows:

13        (30 ILCS 105/5.595 new)
14        Sec. 5.595.  The  Neonatal  Care  and  Perinatal  Hospice
15    Fund.