SB3572 104TH GENERAL ASSEMBLY

LRB104 18824 RLC 32269 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3572

Introduced 2/5/2026, by Sen. Neil Anderson

SYNOPSIS AS INTRODUCED:

720 ILCS 5/9-0.5 new
720 ILCS 5/12-0.5 new
720 ILCS 5/9-1.2 rep.
720 ILCS 5/9-2.1 rep.
720 ILCS 5/9-3.2 rep.
720 ILCS 5/12-3.1 rep.
740 ILCS 180/1	from Ch. 70, par. 1
740 ILCS 180/2.2 rep.

Provides that the Act may be referred to as the Abolish Abortion Illinois Act. Amends the Criminal Code of 2012. Includes in the Homicide Article and the Assault and Battery Subdivision of the Code definitions that define "person", "individual", and "another" as any living human being, including a preborn child at any stage of biological development, from fertilization until natural death. Provides that these definitions do not apply to the unintentional death of an unborn child when such death results from: (1) the undertaking of life-saving procedures on a pregnant woman when such procedures are accompanied by reasonable steps, if available, to save the life of her unborn child; or (2) spontaneous miscarriage. Provides that enforcement when the victim is an unborn child is subject to the same presumptions, defenses, justifications, immunities, and clemencies as would apply to the homicide of a human being who had been born alive. Provides that the provisions of the Article and Subdivision are in addition to any other provisions relating to the death of an unborn child and supersede any other provisions relating to the death of an unborn child to the extent that those provisions are in conflict with or are inconsistent with the provisions of the Article and Subdivision. Eliminates various offenses as conforming changes. Amends the Wrongful Death Act. Defines "person" to include an unborn child. Defines "unborn child" and "fertilization". Makes other changes. Provides that the Act is prospective. Contains a severability provision. Effective immediately.

A BILL FOR

AN ACT concerning abortion.

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

Section 1. Short title. This Act may be referred to as the Abolish Abortion Illinois Act.

Section 5. The General Assembly finds that:

(1) Section 1 of Article I of the Illinois Constitution recognizes that all persons possess inherent and inalienable rights, including life.

(2) Section 2 of Article I of the Illinois Constitution provides that no person shall be deprived of life without due process of law nor be denied the equal protection of the laws.

(3) These provisions declaring an inalienable right to life, due process, and equal protection of the laws have been turned on their head by the erroneous interpretation of the Supreme Court of this State, which held in Hope Clinic for Women, Ltd. v. Flores, 2013 IL 112673, 66-73, 991 N.E.2d 745 that the due process clause of the State's Constitution protected a woman's purported right to abortion.

(4) The Fourteenth Amendment to the Constitution of the United States provides that no State shall deny to any person the equal protection of the laws.

(5) Illinois law already recognizes unborn children as victims of wrongful death and homicide in numerous contexts, while creating statutory exemptions for abortion.

(6) The General Assembly finds that exemptions permitting the intentional killing of unborn children through abortion are incompatible with principles of equal protection, due process, and the State's duty to protect human life.

(7) Innocent human life, created in the image of God, should therefore be equally protected under the laws from fertilization through natural death.

(8) To ensure the right to life and equal protection of the laws, all preborn children should be protected with the same criminal and civil laws protecting the lives of born persons by repealing provisions that permit prenatal homicide and battery.

(9) All persons potentially subject to such laws are entitled to due process protections.

(10) Pregnant mothers should be protected from being pressured to abort their children.

(11) Provisions that may allow a person to aid, advise, hire, counsel, or procure a mother to abort her child should be repealed.

Section 10. The Criminal Code of 2012 is amended by adding Sections 9-0.5 and 12-0.5 as follows:

(720 ILCS 5/9-0.5 new)

Sec. 9-0.5. Definitions.

(a) For purposes of this Article:

"Person", "individual", and "another" mean any living human being, including a preborn child at any stage of biological development, from fertilization until natural death.

"Fertilization" means the fusion of a human spermatozoon with a human ovum.

(b) This Section does not apply to the unintentional death of an unborn child when such death results from:

(1) the undertaking of life-saving procedures on a pregnant woman when such procedures are accompanied by reasonable steps, if available, to save the life of her unborn child; or

(2) spontaneous miscarriage.

(c) Enforcement when the victim is an unborn child is subject to the same presumptions, defenses, justifications, immunities, and clemencies as would apply to the homicide of a human being who had been born alive.

(d) The provisions of this Article are in addition to any other provisions relating to the death of an unborn child and supersede any other provisions relating to the death of an unborn child to the extent that those provisions are in conflict with or are inconsistent with the provisions of this Article.

(720 ILCS 5/12-0.5 new)

Sec. 12-0.5. Definitions.

(a) In this subdivision:

"Person", "individual", and "another" mean any living human being, including a preborn child at any stage of biological development, from fertilization until natural death.

"Fertilization" means the fusion of a human spermatozoon with a human ovum.

(b) This Section does not apply to the unintentional death of an unborn child when such death results from:

(1) the undertaking of life-saving procedures on a pregnant woman when such procedures are accompanied by reasonable steps, if available, to save the life of her unborn child; or

(2) spontaneous miscarriage.

(c) Enforcement when the victim is an unborn child is subject to the same presumptions, defenses, justifications, immunities, and clemencies as would apply to the assault or battery of a human being who had been born alive.

(d) The provisions of this subdivision are in addition to any other provisions relating to the injury of an unborn child and supersede any other provisions relating to the injury of an unborn child to the extent that those provisions are in conflict with or are inconsistent with the provisions of this subdivision.

(720 ILCS 5/9-1.2 rep.)

(720 ILCS 5/9-2.1 rep.)

(720 ILCS 5/9-3.2 rep.)

(720 ILCS 5/12-3.1 rep.)

Section 15. The Criminal Code of 2012 is amended by repealing Sections 9-1.2, 9-2.1, 9-3.2, and 12-3.1.

Section 20. The Wrongful Death Act is amended by changing Section 1 as follows:

(740 ILCS 180/1) (from Ch. 70, par. 1)

Sec. 1. Action for damages.

(a) Whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages, including punitive damages when applicable, in respect thereof, then and in every such case the person who or company or corporation which would have been liable if death had not ensued, shall be liable to an action for damages, including punitive damages when applicable, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to felony. Nothing in this Section affects the applicability of Section 2-1115 of the Code of Civil Procedure or Section 2-102 or 2-213 of the Local Governmental and Governmental Employees Tort Immunity Act. Punitive damages are not available in an action for healing art malpractice or legal malpractice or in an action against the State or unit of local government or an employee of the State or an employee of a unit of local government in his or her official capacity. The changes made to this Section by this amendatory Act of the 103rd General Assembly apply to actions filed on and after the effective date of this amendatory Act of the 103rd General Assembly.

(b) For purposes of this Section:

(1) "Person" includes an unborn child.

(2) "Unborn child" means an individual living human being at any stage of development from fertilization to birth.

(3) "Fertilization" means the fusion of a human spermatozoon with a human ovum.

(c) The provisions of this Act are in addition to any other provisions relating to the injury or death of an unborn child. The provisions of this Act supersede any other provisions relating to the injury or death of an unborn child to the extent that those provisions are in conflict with or are inconsistent with the provisions of this Act.

(Source: P.A. 103-514, eff. 8-11-23.)

(740 ILCS 180/2.2 rep.)

Section 25. The Wrongful Death Act is amended by repealing Section 2.2.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 98. Prospective application. This Act is prospective only and shall not apply to any act or neglect committed prior to the effective date of this Act. For the purposes of this Act, an act, neglect, or default occurred before the effective date of this Act if any element of the act occurred before that date.

Section 99. Effective date. This Act takes effect upon becoming law.