102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0338

 

Introduced 1/29/2021, by Rep. Mark Batinick - Adam Niemerg and Brad Halbrook

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 70/1.36

    Amends the Statute on Statutes. Provides that a live child born as a result of an abortion shall be fully recognized as a human person and accorded immediate protection under the law. Removes language regarding interpretation of specified provisions. Effective immediately.


LRB102 04449 RJF 14467 b

 

 

A BILL FOR

 

HB0338LRB102 04449 RJF 14467 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Statute on Statutes is amended by changing
5Section 1.36 as follows:
 
6    (5 ILCS 70/1.36)
7    Sec. 1.36. Born alive infant.
8    (a) In determining the meaning of any statute or of any
9rule, regulation, or interpretation of the various
10administrative agencies of this State, the words "person",
11"human being", "child", and "individual" shall include every
12infant member of the species homo sapiens who is born alive at
13any stage of development.
14    (b) As used in this Section, the term "born alive", with
15respect to a member of the species homo sapiens, means the
16complete expulsion or extraction from his or her mother of
17that member, at any stage of development, who after such
18expulsion or extraction breathes or has a beating heart,
19pulsation of the umbilical cord, or definite movement of
20voluntary muscles, regardless of whether the umbilical cord
21has been cut and regardless of whether the expulsion or
22extraction occurs as a result of natural or induced labor,
23cesarean section, or induced abortion.

 

 

HB0338- 2 -LRB102 04449 RJF 14467 b

1    (b-5) A live child born as a result of an abortion shall be
2fully recognized as a human person and accorded immediate
3protection under the law.
4    (c) (Blank). Nothing in this Section shall be construed to
5affirm, deny, expand, or contract any legal status or legal
6right applicable to any member of the species homo sapiens at
7any point prior to being born alive, as defined in this
8Section.
9    (d) (Blank). Nothing in this Section shall be construed to
10affect existing federal or State law regarding abortion.
11    (e) (Blank). Nothing in this Section shall be construed to
12alter generally accepted medical standards.
13(Source: P.A. 94-559, eff. 1-1-06.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.