Illinois General Assembly - Full Text of HB4378
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Full Text of HB4378  102nd General Assembly

HB4378 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4378

 

Introduced 1/21/2022, by Rep. Paul Jacobs - Patrick Windhorst

 

SYNOPSIS AS INTRODUCED:
 
New Act
20 ILCS 4111/Act rep.

    Creates the Parental Notice of Abortion Act of 2022, with provisions similar to those of the Parental Notice of Abortion Act of 1995. Repeals the Youth Health and Safety Act. Effective upon becoming law or on the date Public Act 102-685 takes effect, whichever is later.


LRB102 23414 LNS 32583 b

 

 

A BILL FOR

 

HB4378LRB102 23414 LNS 32583 b

1    AN ACT concerning parental notice of abortion.
 
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
5Parental Notice of Abortion Act of 2022.
 
6    Section 5. Legislative findings and purpose. The General
7Assembly finds that notification of a family member as defined
8in this Act is in the best interest of an unemancipated minor,
9and the General Assembly's purpose in enacting this parental
10notice law is to further and protect the best interests of an
11unemancipated minor.
12    The medical, emotional, and psychological consequences of
13abortion are sometimes serious and long-lasting, and immature
14minors often lack the ability to make fully informed choices
15that consider both the immediate and long-range consequences.
16    Parental consultation is usually in the best interest of
17the minor and is desirable since the capacity to become
18pregnant and the capacity for mature judgment concerning the
19wisdom of an abortion are not necessarily related.
 
20    Section 10. Definitions. As used in this Act:
21    "Abortion" means the use of any instrument, medicine,
22drug, or any other substance or device to terminate the

 

 

HB4378- 2 -LRB102 23414 LNS 32583 b

1pregnancy of a woman known to be pregnant with an intention
2other than to increase the probability of a live birth, to
3preserve the life or health of a child after live birth, or to
4remove a dead fetus.
5    "Actual notice" means the giving of notice directly, in
6person, or by telephone.
7    "Adult family member" means a person over 21 years of age
8who is the parent, grandparent, step-parent living in the
9household, or legal guardian.
10    "Constructive notice" means notice by certified mail to
11the last known address of the person entitled to notice with
12delivery deemed to have occurred 48 hours after the certified
13notice is mailed.
14    "Incompetent" means any person who has been adjudged as
15mentally ill or as a person with a developmental disability
16and who, because of her mental illness or developmental
17disability, is not fully able to manage her person and for whom
18a guardian of the person has been appointed under Section
1911a-3(a)(1) of the Probate Act of 1975.
20    "Medical emergency" means a condition that, on the basis
21of the physician's good faith clinical judgment, so
22complicates the medical condition of a pregnant woman as to
23necessitate the immediate abortion of her pregnancy to avert
24her death or for which a delay will create serious risk of
25substantial and irreversible impairment of major bodily
26function.

 

 

HB4378- 3 -LRB102 23414 LNS 32583 b

1    "Minor" means any person under 18 years of age who is not
2or has not been married or who has not been emancipated under
3the Emancipation of Minors Act.
4    "Neglect" means the failure of an adult family member to
5supply a child with necessary food, clothing, shelter, or
6medical care when reasonably able to do so or the failure to
7protect a child from conditions or actions that imminently and
8seriously endanger the child's physical or mental health when
9reasonably able to do so.
10    "Physical abuse" means any physical injury intentionally
11inflicted by an adult family member on a child.
12    "Physician" means any person licensed to practice medicine
13in all its branches under the Illinois Medical Practice Act of
141987.
15    "Sexual abuse" means any sexual conduct or sexual
16penetration as defined in Section 11-0.1 of the Criminal Code
17of 2012 that is prohibited by the criminal laws of the State of
18Illinois and committed against a minor by an adult family
19member as defined in this Act.
 
20    Section 15. Notice to adult family member. No person shall
21knowingly perform an abortion upon a minor or upon an
22incompetent person unless the physician or his or her agent
23has given at least 48 hours actual notice to an adult family
24member of the pregnant minor or incompetent person of his or
25her intention to perform the abortion, unless that person or

 

 

HB4378- 4 -LRB102 23414 LNS 32583 b

1his or her agent has received a written statement by a
2referring physician certifying that the referring physician or
3his or her agent has given at least 48 hours notice to an adult
4family member of the pregnant minor or incompetent person. If
5actual notice is not possible after a reasonable effort, the
6physician or his or her agent must give 48 hours constructive
7notice.
 
8    Section 20. Exceptions. Notice shall not be required under
9this Act if:
10        (1) the minor or incompetent person is accompanied by
11    a person entitled to notice; or
12        (2) notice is waived in writing by a person who is
13    entitled to notice; or
14        (3) the attending physician certifies in the patient's
15    medical record that a medical emergency exists and there
16    is insufficient time to provide the required notice; or
17        (4) the minor declares in writing that she is a victim
18    of sexual abuse, neglect, or physical abuse by an adult
19    family member as defined in this Act. The attending
20    physician must certify in the patient's medical record
21    that he or she has received the written declaration of
22    abuse or neglect. Any notification of public authorities
23    of abuse that may be required under other laws of this
24    State need not be made by the person performing the
25    abortion until after the minor receives an abortion that

 

 

HB4378- 5 -LRB102 23414 LNS 32583 b

1    otherwise complies with the requirements of this Act; or
2        (5) notice is waived under Section 25.
 
3    Section 25. Procedure for judicial waiver of notice.
4    (a) The requirements and procedures under this Section are
5available to minors and incompetent persons whether or not
6they are residents of this State.
7    (b) The minor or incompetent person may petition any
8circuit court for a waiver of the notice requirement and may
9participate in proceedings on her own behalf. The court shall
10appoint a guardian ad litem for her. Any guardian ad litem
11appointed under this Act shall act to maintain the
12confidentiality of the proceedings. The circuit court shall
13advise her that she has a right to court-appointed counsel and
14shall provide her with counsel upon her request.
15    (c) Court proceedings under this Section shall be
16confidential and shall ensure the anonymity of the minor or
17incompetent person. All court proceedings under this Section
18shall be sealed. The minor or incompetent person shall have
19the right to file her petition in the circuit court using a
20pseudonym or using solely her initials. All documents related
21to this petition shall be confidential and shall not be made
22available to the public.
23    These proceedings shall be given precedence over other
24pending matters to the extent necessary to ensure that the
25court reaches a decision promptly. The court shall rule and

 

 

HB4378- 6 -LRB102 23414 LNS 32583 b

1issue written findings of fact and conclusions of law within
248 hours of the time that the petition is filed, except that
3the 48-hour limitation may be extended at the request of the
4minor or incompetent person. If the court fails to rule within
5the 48-hour period and an extension is not requested, then the
6petition shall be deemed to have been granted, and the notice
7requirement shall be waived.
8    (d) Notice shall be waived if the court finds by a
9preponderance of the evidence either:
10        (1) that the minor or incompetent person is
11    sufficiently mature and well enough informed to decide
12    intelligently whether to have an abortion, or
13        (2) that notification under Section 15 of this Act
14    would not be in the best interests of the minor or
15    incompetent person.
16    (e) A court that conducts proceedings under this Section
17shall issue written and specific factual findings and legal
18conclusions supporting its decision and shall order that a
19confidential record of the evidence and the judge's findings
20and conditions be maintained.
21    (f) An expedited confidential appeal shall be available,
22as the Supreme Court provides by rule, to any minor or
23incompetent person to whom the circuit court denies a waiver
24of notice. An order authorizing an abortion without notice
25shall not be subject to appeal.
26    (g) The Supreme Court is respectfully requested to

 

 

HB4378- 7 -LRB102 23414 LNS 32583 b

1promulgate any rules and regulations necessary to ensure that
2proceedings under this Act are handled in an expeditious and
3confidential manner.
4    (h) No fees shall be required of any minor or incompetent
5person who avails herself of the procedures provided by this
6Section.
 
7    Section 30. Minor's consent to abortion. A person may not
8perform an abortion on a minor without the minor's consent,
9except in a medical emergency.
 
10    Section 35. Reports. The Department of Public Health shall
11comply with the reporting requirements set forth in the
12consent decree in Herbst v. O'Malley, case no. 84-C-5602 in
13the U.S. District Court for the Northern District of Illinois,
14Eastern Division.
 
15    Section 40. Penalties.
16    (a) Any physician who willfully fails to provide notice as
17required under this Act before performing an abortion on a
18minor or an incompetent person shall be referred to the
19Illinois State Medical Disciplinary Board for action in
20accordance with Section 22 of the Medical Practice Act of
211987.
22    (b) Any person, not authorized under this Act, who signs
23any waiver of notice for a minor or incompetent person seeking

 

 

HB4378- 8 -LRB102 23414 LNS 32583 b

1an abortion, is guilty of a Class C misdemeanor.
 
2    Section 45. Immunity. Any physician who, in good faith,
3provides notice in accordance with Section 15 or relies on an
4exception under Section 20 shall not be subject to any type of
5civil or criminal liability or discipline for unprofessional
6conduct for failure to give required notice.
 
7    Section 50. Severability and inseverability. If any
8provision of this Act or its application to any person or
9circumstance is held invalid, the invalidity of that provision
10or application does not affect other provisions or
11applications of the Act that can be given effect without the
12invalid provision or application, except that Section 25 is
13inseverable to the extent that if all or any substantial and
14material part of Section 25 is held invalid, then the entire
15Act is invalid.
 
16    (20 ILCS 4111/Act rep.)
17    Section 90. The Youth Health and Safety Act is repealed.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law or on the date Public Act 102-685 takes effect,
20whichever is later.