93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2632


 
Introduced 2/4/2004, by John O. Jones
 
SYNOPSIS AS INTRODUCED:
 		












720 ILCS 510/6
  from Ch. 38, par. 81-26









    Amends the Illinois Abortion Law of 1975. Provides that no abortion procedure that, in the medical judgment of
   the attending physician, has a reasonable likelihood of resulting in
   a live born child shall be undertaken unless there is in attendance a
   physician other than the physician performing or inducing the abortion
   who shall address the child's viability and provide medical care for
   the child. Provides that a physician inducing an abortion that results
   in a live born child shall provide for the soonest practicable
   attendance of a physician other than the physician performing or
   inducing the abortion to immediately assess the child's viability and
   provide medical care for the child. Provides that a live child born as
   a result of an abortion shall be fully recognized as a human person
   and that all reasonable measures consistent with good medical practice
   shall be taken to preserve the life and health of the child. Effective
   immediately.




















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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 














SB2632

LRB093 18466 RLC 44179 b









1
    AN ACT concerning abortion. 

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


 
4
    Section 5. The Illinois Abortion Law of 1975 is amended by 
5
changing
Section 6 as follows:


 
6
    (720 ILCS 510/6)  (from Ch. 38, par. 81-26)

7
    Sec. 6. (1) (a) Any physician who intentionally performs an 
8
abortion
when, in his medical judgment based on the particular 
9
facts of the case before
him,
there is a reasonable likelihood 
10
of sustained survival of the fetus outside
the womb, with or 
11
without artificial support, shall utilize that method of

12
abortion which, of those he knows to be available, is in his 
13
medical
judgment most likely to preserve the life and health of 
14
the fetus.


15
    (b) The physician shall certify in writing, on a form 
16
prescribed by the
Department under Section 10 of this Act, the 
17
available methods considered
and the reasons for choosing the 
18
method employed.


19
    (c) Any physician who intentionally, knowingly, or 
20
recklessly violates
the provisions of Section 6(1)(a) commits a 
21
Class 3 felony.


22
    (2) (a) No abortion shall be performed or induced when the 
23
fetus is
viable unless there is in attendance a physician other 
24
than the physician
performing or inducing the abortion who 
25
shall take control of and provide
immediate medical care for 
26
any child born alive as a result of the
abortion.
No abortion 
27
procedure which, in the medical judgment of the attending

28
physician, has a reasonable likelihood of resulting in a live 
29
born child shall
be undertaken unless there is in attendance a 
30
physician other than the
physician performing or inducing the 
31
abortion who shall assess the child's
viability and provide 
32
medical care for the child.
These requirements
This requirement

 


 









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1
shall not apply when, in the medical judgment
of the physician 
2
performing or inducing the abortion based on the
particular 
3
facts of the case before him, there exists a medical emergency;

4
in such a case, the physician shall describe the basis of this 
5
judgment on
the form prescribed by Section 10 of this Act.
In 
6
any event, a physician inducing or performing an abortion which 
7
results in
a live born child shall provide for the soonest 
8
practicable attendance of a
physician other than the physician 
9
performing or inducing the abortion to
immediately assess the 
10
child's viability and provide medical care for the
child.
 Any 
11
physician who
intentionally performs or induces such an 
12
abortion and who intentionally,
knowingly, or recklessly fails 
13
to arrange for the attendance of such a
second physician in 
14
violation of Section 6(2)(a) commits a Class 3 felony.


15
    (b) Subsequent to the abortion, if a child is born alive, 
16
the physician
required by Section 6(2)(a) to be in attendance 
17
shall exercise the same
degree of professional skill, care and 
18
diligence to preserve the life and
health of the child as would 
19
be required of a physician providing immediate
medical care to 
20
a child born alive in the course of a pregnancy termination

21
which was not an abortion.  Any such physician who 
22
intentionally,
knowingly, or recklessly violates Section 
23
6(2)(b) commits a Class 3 felony.


24
    (3) The law of this State shall not be construed to imply 
25
that any
living individual organism of the species homo sapiens 
26
who has been born
alive is not an individual under
the 
27
"Criminal Code of 1961,"
approved July 28, 1961, as amended.


28
    (3.5) A live child born as a result of an abortion shall be 
29
fully
recognized as a human person and accorded immediate 
30
protection under the law.
All reasonable measures consistent 
31
with good medical practice, including the
compilation of 
32
appropriate medical records, shall be taken to preserve the

33
life
and health of the child.


34
    (4) (a) Any physician who intentionally performs an 
35
abortion when, in
his medical judgment based on the particular 
36
facts of the case before him,
there is a reasonable possibility 
 


 









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1
of sustained survival of the fetus
outside the womb, with or 
2
without artificial support, shall utilize that
method of 
3
abortion which, of those he knows to be available, is in his

4
medical judgment most likely to preserve the life and health of 
5
the fetus.


6
    (b) The physician shall certify in writing, on a form 
7
prescribed by the
Department under Section 10 of this Act, the 
8
available methods considered
and the reasons for choosing the 
9
method employed.


10
    (c) Any physician who intentionally, knowingly, or 
11
recklessly violates
the provisions of Section 6(4)(a) commits a 
12
Class 3 felony.


13
    (5) Nothing in Section 6 requires a physician to employ
a 
14
method of abortion which, in the medical judgment of the 
15
physician
performing the abortion based on the particular facts 
16
of the
case before him, would increase medical risk to the 
17
mother.


18
    (6) When the fetus is viable and when there exists 
19
reasonable
medical certainty (a) that the particular
method of 
20
abortion to be employed will cause organic pain to the fetus, 
21
and
(b) that use of an
anesthetic or analgesic would abolish or 
22
alleviate organic
pain to the fetus caused by the particular 
23
method of abortion to be employed,
then the physician who is to 
24
perform the abortion or his agent or the
referring physician or 
25
his agent shall inform the woman upon
whom the abortion is to 
26
be performed that such an
anesthetic or analgesic is available, 
27
if he knows it to be available,
for use to abolish or alleviate 
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organic
pain caused to the fetus by the particular method of 
29
abortion to be employed.
Any person who performs an abortion 
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with knowledge that any such reasonable
medical certainty 
31
exists and that such an anesthetic or analgesic is
available, 
32
and intentionally
fails to so inform
the woman or to ascertain 
33
that the woman has been so informed commits a
Class B 
34
misdemeanor. The foregoing requirements of subsection (6) of 
35
Section 6 shall
not apply (a) when in the medical judgment of 
36
the physician who is to perform
the abortion or the referring 
 


 









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physician based upon the particular facts
of the case before 
2
him: (i) there
exists a medical emergency, or (ii) the 
3
administration of such an anesthetic or
analgesic would 
4
decrease a possibility of sustained survival of
the fetus apart 
5
from the body of the mother, with
or without artificial

6
support, or (b) when the physician
who is to perform the 
7
abortion administers an anesthetic or an analgesic
to the woman 
8
or the fetus and he knows there exists reasonable medical

9
certainty that such use will abolish organic pain caused to the 
10
fetus during
the course of the abortion.


11
    (7) No person shall sell or experiment upon a fetus 
12
produced by the
fertilization of a human ovum by a human sperm 
13
unless such experimentation
is therapeutic to the fetus thereby

14
produced.  Intentional violation of this section is a Class A 
15
misdemeanor.
Nothing in this subsection (7) is intended to 
16
prohibit the performance of
in vitro fertilization.


17
    (8) No person shall intentionally perform an abortion with 
18
knowledge
that the pregnant woman is seeking the abortion 
19
solely on account of the
sex of the fetus.  Nothing in Section 
20
6(8) shall be construed to proscribe
the performance of an 
21
abortion on account of the sex of the fetus because
of a 
22
genetic disorder linked to that sex.  If the application of 
23
Section
6(8) to the period of pregnancy prior to viability is 
24
held invalid, then
such invalidity shall not affect its 
25
application to the period of pregnancy
subsequent to viability.


26
(Source: P.A. 84-1001.)


 
27
    Section 99. Effective date. This Act takes effect upon 
28
becoming law.