HB5586 103RD GENERAL ASSEMBLY

LRB103 38527 JRC 68663 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5586

Introduced 2/9/2024, by Rep. Hoan Huynh

SYNOPSIS AS INTRODUCED:

725 ILCS 225/2	from Ch. 60, par. 19
725 ILCS 225/6	from Ch. 60, par. 23
735 ILCS 35/3.5
735 ILCS 40/28-10
735 ILCS 40/28-20
750 ILCS 36/207

Amends the Uniform Criminal Extradition Act. Provides that no person shall be arrested or extradited for acts committed or services received in this State involving gender-affirming care, as defined by the World Health Organization, or for any other lawful health care as defined in the Lawful Health Care Activity Act. Amends the Uniform Interstate Depositions and Discovery Act. Prohibits a clerk from issuing a subpoena based on a foreign subpoena that is related to enforcement of another state's law that would interfere with an individual's right to receive gender-affirming care. Amends the Lawful Health Care Activity Act. Expands the definition of "lawful health care" to include gender-affirming care. Amends the Uniform Child-Custody Jurisdiction and Enforcement Act. In any child custody case that involves the provision of gender-affirming care for a child, prohibits a court from determining that this State is an inconvenient forum if the law or policy of another state that may take jurisdiction limits the ability of a parent to obtain gender-affirming care for the child.

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Uniform Criminal Extradition Act is amended by changing Sections 2 and 6 as follows:

(725 ILCS 225/2) (from Ch. 60, par. 19)

Sec. 2. Fugitives from justice: duty of Governor.

Subject to the provisions of this Act, the provisions of the Constitution of the United States controlling, and any and all acts of Congress enacted in pursuance thereof, it is the duty of the Governor of this State to have arrested and delivered up to the Executive Authority of any other state of the United States any person charged in that State with treason, felony, or other crime, who has fled from justice and is found in this State, except that no person shall be so arrested for acts committed or services received in this State involving gender-affirming care as defined by the World Health Organization, or for any other lawful health care as defined in the Lawful Health Care Activity Act.

(Source: Laws 1955, p. 1982.)

(725 ILCS 225/6) (from Ch. 60, par. 23)

Sec. 6. Extradition of persons not present in demanding state at time of commission of crime.

The Governor of this State may also surrender, on demand of the Executive Authority of any other state, any person in this State charged in such other state in the manner provided in Section 3 with committing an act in this State, or in a third state, intentionally resulting in a crime in the state whose Executive Authority is making the demand. However, the Governor of this State shall not surrender such a person if the charge is based on conduct that involves seeking, providing, receiving, assisting in seeking, providing, or receiving, providing material support for, or traveling to obtain lawful health care, including gender-affirming care, as defined by Section 28-10 of the Lawful Health Care Activity Act, that is not unlawful under the laws of this State, including a charge based on any theory of vicarious, joint, several, or conspiracy liability.

(Source: P.A. 102-1117, eff. 1-13-23.)

Section 10. The Uniform Interstate Depositions and Discovery Act is amended by changing Section 3.5 as follows:

(735 ILCS 35/3.5)

Sec. 3.5. Unenforceable foreign subpoenas.

(a) If a request for issuance of a subpoena pursuant to this Act seeks documents or information related to lawful health care activity, as defined in the Lawful Health Care Activity Act, or seeks documents in support of any claim that interferes with rights under the Reproductive Health Act, then the person or entity requesting the subpoena shall include an attestation, signed under penalty of perjury, confirming and identifying that an exemption in subsection (c) applies. Any false attestation submitted under this Section or the failure to submit an attestation required by this Section shall be subject to a statutory penalty of $10,000 per violation. Submission of such attestation shall subject the attestor to the jurisdiction of the courts of this State for any suit, penalty, or damages arising out of a false attestation under this Section.

(b) No clerk of court shall issue a subpoena based on a foreign subpoena that:

(1) requests information or documents related to lawful health care activity, as defined in the Lawful Health Care Activity Act; or

(2) is related to the enforcement of another state's law that would interfere with an individual's rights under the Reproductive Health Act; or

(3) is related to enforcement of another state's law that would interfere with an individual's right to receive gender-affirming care, as described in the Lawful Health Care Activity Act and as defined by the World Health Organization.

(c) A clerk of court may issue the subpoena if the subpoena includes the attestation as described in subsection (a) and the subpoena relates to:

(1) an out-of-state action founded in tort, contract, or statute brought by the patient who sought or received the lawful health care or the patient's authorized legal representative, for damages suffered by the patient or damages derived from an individual's loss of consortium of the patient, and for which a similar claim would exist under the laws of this State; or

(2) an out-of-state action founded in contract brought or sought to be enforced by a party with a contractual relationship with the individual whose documents or information are the subject of the subpoena and for which a similar claim would exist under the laws of this State.

(d) Any person or entity served with a subpoena reasonably believed to be issued in violation of this Section shall not comply with the subpoena.

(e) Any person or entity who is the recipient of, or whose lawful health care is the subject of, a subpoena reasonably believed to be issued in violation of this Section may, but is not required to, move to modify or quash the subpoena.

(f) No court shall issue an order compelling a person or entity to comply with a subpoena found to be in violation of this Section.

(g) As used in this Section, "lawful health care" and "lawful health care activity" have the meanings given to those terms in Section 28-10 of the Lawful Health Care Activity Act.

(h) The Supreme Court shall have jurisdiction to adopt rules for the implementation of this Section.

(Source: P.A. 102-1117, eff. 1-13-23.)

Section 15. The Lawful Health Care Activity Act is amended by changing Sections 28-10 and 28-20 as follows:

(735 ILCS 40/28-10)

Sec. 28-10. Definitions. As used in this Act:

"Lawful health care" means:

(1) reproductive health care that is not unlawful under the laws of this State, including on any theory of vicarious, joint, several, or conspiracy liability; or

(2) the treatment of gender dysphoria or the affirmation of an individual's gender identity or gender expression through gender-affirming care, including, but not limited to, all supplies, care, and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative, or supportive nature that is not unlawful under the laws of this State, including on any theory of vicarious, joint, several, or conspiracy liability.

"Lawful health care activity" means seeking, providing, receiving, assisting in seeking, providing, or receiving, providing material support for, or traveling to obtain lawful health care.

"Reproductive health care" shall have the same meaning as Section 1-10 of the Reproductive Health Act.

(Source: P.A. 102-1117, eff. 1-13-23.)

(735 ILCS 40/28-20)

Sec. 28-20. Limits on execution of foreign judgments. In any action filed to enforce the judgment of a foreign state, issued in connection with any litigation concerning lawful health care, the court hearing the action shall not give any force or effect to any judgment issued regarding activity that is lawful under the laws of this State without jurisdiction.

(Source: P.A. 102-1117, eff. 1-13-23.)

Section 20. The Uniform Child-Custody Jurisdiction and Enforcement Act is amended by changing Section 207 as follows:

(750 ILCS 36/207)

Sec. 207. Inconvenient Forum.

(a) A court of this State which has jurisdiction under this Act to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court.

(b) Before determining whether it is an inconvenient forum, a court of this State shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:

(1) whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

(2) the length of time the child has resided outside this State;

(3) the distance between the court in this State and the court in the state that would assume jurisdiction;

(4) the relative financial circumstances of the parties;

(5) any agreement of the parties as to which state should assume jurisdiction;

(6) the nature and location of the evidence required to resolve the pending litigation, including testimony of the child;

(7) the ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and

(8) the familiarity of the court of each state with the facts and issues in the pending litigation.

(c) If a court of this State determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child-custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

(d) A court of this State may decline to exercise its jurisdiction under this Act if a child-custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.

(e) In a case where the provision of gender-affirming care for a child is at issue, a court of this State shall not determine that this State is an inconvenient forum if the law or policy of another state that may take jurisdiction limits the ability of a parent to obtain for the parent's child gender-affirming care as described in the Lawful Health Activity Act and as defined by the World Health Organization.

(Source: P.A. 93-108, eff. 1-1-04.)