Illinois General Assembly - Full Text of HB4146
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Full Text of HB4146  102nd General Assembly

HB4146 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4146

 

Introduced 10/19/2021, by Rep. Kelly M. Cassidy, Joyce Mason, Katie Stuart, Ann M. Williams, Anne Stava-Murray, et al.

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 105/5.935 new
30 ILCS 105/6z-127 new

    Creates the TExAS Act-The Expanding Abortion Services Act. Provides that any person, other than an officer or employee of the State or a unit of local government, may bring a civil action against any person who: commits an act of sexual assault or domestic abuse or causes an unintended pregnancy, regardless of circumstances; knowingly engages in conduct that aids or abets a sexual assault or domestic abuse or causes an unintended pregnancy, regardless of circumstances; or intends to engage in that act or conduct. Provides that if the plaintiff prevails in an action brought under the Act, the court shall award: (1) injunctive relief sufficient to prevent the defendant from committing or engaging in acts that aid or abet sexual assault or domestic abuse or causing an unintended pregnancy; (2) statutory damages in an amount of not less than $10,000 for each act of sexual assault or domestic abuse or action that causes an unintended pregnancy the defendant committed or aided or abetted, of which not less than $5,000 shall be awarded to the plaintiff and $5,000 shall be placed in a special fund in the State treasury, known as the State Abortion Freedom Expansion Fund, to be used by the Department of Healthcare and Family Services, to pay the costs of abortions for pregnant persons who travel to Illinois from states that prohibit abortions for the purpose of obtaining access to abortions in Illinois; and (3) costs and attorney's fees. Establishes defenses and specifies venue. Defines "abortion", "domestic abuse", "pregnancy", and "sexual assault". Amends the State Finance Act to make conforming changes. Contains a severability provision.


LRB102 20070 RLC 28945 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4146LRB102 20070 RLC 28945 b

1    AN ACT concerning expanding abortion services.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the TExAS
5Act-The Expanding Abortion Services Act.
 
6    Section 5. Definitions. In this Act:
7    "Abortion" has the meaning ascribed to it in Section 1-10
8of the Reproductive Health Act.
9    "Domestic abuse" means domestic violence as defined in
10Section 103 of the Illinois Domestic Violence Act of 1986.
11    "Pregnancy" has the meaning ascribed to it in Section 1-10
12of the Reproductive Health Act.
13    "Sexual assault" has the meaning ascribed to it in Section
141a of the Sexual Assault Survivors Emergency Treatment Act.
 
15    Section 10. Civil liability for aiding or abetting sexual
16or domestic abuse or causing an unintended pregnancy.
17    (a) Any person, other than an officer or employee of the
18State or a unit of local government, may bring a civil action
19against any person who:
20        (1) commits an act of sexual assault or domestic
21    abuse;
22        (2) knowingly engages in conduct that aids or abets a

 

 

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1    sexual assault or domestic abuse;
2        (3) causes a person to have an unintended pregnancy,
3    regardless of circumstances; or
4        (4) intends to engage in the act or conduct described
5    in paragraph (1), (2), or (3) of this subsection.
6    (a-5) If the court finds by a preponderance of evidence
7that the defendant is a person described in subsection (a), it
8shall enter a judgment in favor of the plaintiff and award the
9plaintiff the relief provided in subsection (b).
10    (b) If the plaintiff prevails in an action brought under
11this Section, the court shall award:
12        (1) injunctive relief sufficient to prevent the
13    defendant from committing or engaging in acts that aid or
14    abet sexual assault or domestic abuse or causing an
15    unintended pregnancy;
16        (2) statutory damages in an amount of not less than
17    $10,000 for each act of sexual assault or domestic abuse
18    or act that causes an unintended pregnancy the defendant
19    committed or aided or abetted, of which not less than
20    $5,000 shall be awarded to the plaintiff and $5,000 shall
21    be placed in a special fund in the State treasury, known as
22    the State Abortion Freedom Expansion Fund, to be used by
23    the Department of Healthcare and Family Services, to pay
24    the costs of abortions for pregnant persons who travel to
25    Illinois from states that prohibit abortions for the
26    purpose of obtaining access to abortions in Illinois; and

 

 

HB4146- 3 -LRB102 20070 RLC 28945 b

1        (3) costs and attorney's fees.
2    (c) Notwithstanding the provisions of subsection (b), a
3court may not award relief under this Section in response to a
4violation of paragraph (1), (2), or (3) of subsection (a) if
5the defendant demonstrates that the defendant previously paid
6the full amount of statutory damages under paragraph (2) of
7subsection (b) in a previous action for that particular act of
8sexual assault or domestic abuse, or for the particular
9conduct that aided or abetted sexual assault or domestic abuse
10or caused an unintended pregnancy.
11    (d) Notwithstanding the provisions of any other law to the
12contrary, a person may bring an action under this Section not
13later than 5 years after the date the cause of action accrued.
14    (e) This Section may not be construed to impose liability
15on any speech or conduct protected by the First Amendment of
16the United States Constitution, as made applicable to the
17states through the United States Supreme Court's
18interpretation of the Fourteenth Amendment of the United
19States Constitution, or by Section 4 of Article I of the
20Illinois Constitution.
21    (f) Notwithstanding any other law to the contrary, this
22State, a State official, or a State's Attorney may not
23intervene in an action brought under this Section. This
24subsection does not prohibit a person described by this
25subsection from filing an amicus curiae brief in the action.
26    (g) Notwithstanding any other law to the contrary, a court

 

 

HB4146- 4 -LRB102 20070 RLC 28945 b

1may not award costs or attorney's fees to a defendant in an
2action brought under this Section.
3    (h) Notwithstanding any other law to the contrary, a civil
4action under this Section may not be brought by a person who
5committed the sexual assault or act of domestic abuse or
6caused an unintended pregnancy.
7    (i) Nothing in this Section shall in any way limit or
8preclude a defendant from asserting the defendant's personal
9constitutional rights as a defense to liability under this
10Section, and a court may not award relief under this Section if
11the conduct for which the defendant has been sued was an
12exercise of State or federal constitutional rights that
13personally belong to the defendant.
 
14    Section 15. Venue.
15    (a) Notwithstanding any other law to the contrary,
16including Sections 2-101 and 2-102 of the Code of Civil
17Procedure, a civil action under Section 10 shall be brought
18in:
19        (1) the county in which all or a substantial part of
20    the events or omissions giving rise to the claim occurred;
21        (2) the county of residence of any of the natural
22    person defendants at the time the cause of action accrued;
23        (3) the county of the principal office in this State
24    of any one of the defendants that is not a natural person;
25    or

 

 

HB4146- 5 -LRB102 20070 RLC 28945 b

1        (4) the county of residence of the claimant if the
2    claimant is a natural person residing in this State.
3    (b) If a civil action is brought under Section 10 in any
4one of the venues described in subsection (a), the action may
5not be transferred to a different venue without the written
6consent of all parties.
 
7    Section 105. The State Finance Act is amended by adding
8Sections 5.935 and 6z-127 as follows:
 
9    (30 ILCS 105/5.935 new)
10    Sec. 5.935. The State Abortion Freedom Expansion Fund.
 
11    (30 ILCS 105/6z-127 new)
12    Sec. 6z-127. State Abortion Freedom Expansion Fund.
13    (a) The State Abortion Freedom Expansion Fund is created
14as a special fund in the State treasury. Subject to
15appropriation, available moneys in the Fund shall be used by
16the Department of Healthcare and Family Services to pay the
17costs of abortions for pregnant persons who travel to Illinois
18from states that prohibit abortions for the purpose of
19obtaining access to abortions in Illinois.
20    (b) Upon the entry of a judgment under Section 10 of the
21TExAS Act-The Expanding Abortion Services Act, the clerk of
22the circuit court of the county in which the judgment was
23entered shall, within 30 days after the entry of the judgment,

 

 

HB4146- 6 -LRB102 20070 RLC 28945 b

1transmit $5,000 of the judgment to the State Treasurer for
2deposit into the State Abortion Freedom Expansion Fund.
3    (c) The Department of Healthcare and Family Services shall
4make direct payments for the costs of abortion to pregnant
5persons who travel to Illinois from states that prohibit
6abortions for the purpose of obtaining access to abortions in
7Illinois.
8    (d) The State Abortion Freedom Expansion Fund shall not be
9subject to sweeps, administrative charges, or chargebacks that
10would in any way result in the transfer of any funds from this
11Fund to any other fund of this State or in having any such
12funds utilized for any purpose other than the express purposes
13set forth in this Section and the TExAS Act-The Expanding
14Abortion Services Act.
15    (e) Subsections (b) and (c) of Section 5 of this Act do not
16apply to the State Abortion Freedom Expansion Fund.
 
17    Section 997. Severability. The provisions of this Act are
18severable under Section 1.31 of the Statute on Statutes.