Illinois General Assembly - Full Text of HB4210
Illinois General Assembly

Previous General Assemblies

Full Text of HB4210  100th General Assembly

HB4210 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4210

 

Introduced , by Rep. Allen Skillicorn

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 510/2  from Ch. 38, par. 81-22
720 ILCS 510/6  from Ch. 38, par. 81-26
720 ILCS 510/10  from Ch. 38, par. 81-30
720 ILCS 510/14  from Ch. 38, par. 81-34

    Amends the Illinois Abortion Law of 1975. Defines "Down syndrome". Prohibits a physician from intentionally performing an abortion with knowledge that the pregnant woman is seeking the abortion solely on account of the fetus having a test result indicating Down syndrome, a prenatal diagnosis of Down syndrome, or any other reason to believe that the fetus has Down syndrome. Effective immediately.


LRB100 16442 RLC 31571 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4210LRB100 16442 RLC 31571 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Abortion Law of 1975 is amended by
5changing Sections 2, 6, 10, and 14 as follows:
 
6    (720 ILCS 510/2)  (from Ch. 38, par. 81-22)
7    Sec. 2. Unless the language or context clearly indicates a
8different meaning is intended, the following words or phrases
9for the purpose of this Law shall be given the meaning ascribed
10to them:
11    (1) "Viability" means that stage of fetal development when,
12in the medical judgment of the attending physician based on the
13particular facts of the case before him, there is a reasonable
14likelihood of sustained survival of the fetus outside the womb,
15with or without artificial support.
16    (2) "Physician" means any person licensed to practice
17medicine in all its branches under the Illinois Medical
18Practice Act of 1987, as amended.
19    (3) "Department" means the Department of Public Health,
20State of Illinois.
21    (4) "Abortion" means the use of any instrument, medicine,
22drug or any other substance or device to terminate the
23pregnancy of a woman known to be pregnant with an intention

 

 

HB4210- 2 -LRB100 16442 RLC 31571 b

1other than to increase the probability of a live birth, to
2preserve the life or health of the child after live birth, or
3to remove a dead fetus.
4    (5) "Fertilization" and "conception" each mean the
5fertilization of a human ovum by a human sperm, which shall be
6deemed to have occurred at the time when it is known a
7spermatozoon has penetrated the cell membrane of the ovum.
8    (6) "Fetus" and "unborn child" each mean an individual
9organism of the species homo sapiens from fertilization until
10live birth.
11    (7) "Abortifacient" means any instrument, medicine, drug,
12or any other substance or device which is known to cause fetal
13death when employed in the usual and customary use for which it
14is manufactured, whether or not the fetus is known to exist
15when such substance or device is employed.
16    (8) "Born alive", "live born", and "live birth", when
17applied to an individual organism of the species homo sapiens,
18each mean he or she was completely expelled or extracted from
19his or her mother and after such separation breathed or showed
20evidence of any of the following: beating of the heart,
21pulsation of the umbilical cord, or definite movement of
22voluntary muscles, irrespective of the duration of pregnancy
23and whether or not the umbilical cord has been cut or the
24placenta is attached.
25    (9) "Down syndrome" means a chromosome disorder associated
26either with an extra chromosome 21, in whole or in part, or an

 

 

HB4210- 3 -LRB100 16442 RLC 31571 b

1effective trisomy for chromosome 21.
2(Source: P.A. 85-1209.)
 
3    (720 ILCS 510/6)  (from Ch. 38, par. 81-26)
4    Sec. 6. (1) (a) Any physician who intentionally performs an
5abortion when, in his medical judgment based on the particular
6facts of the case before him, there is a reasonable likelihood
7of sustained survival of the fetus outside the womb, with or
8without artificial support, shall utilize that method of
9abortion which, of those he knows to be available, is in his
10medical judgment most likely to preserve the life and health of
11the fetus.
12    (b) The physician shall certify in writing, on a form
13prescribed by the Department under Section 10 of this Act, the
14available methods considered and the reasons for choosing the
15method employed.
16    (c) Any physician who intentionally, knowingly, or
17recklessly violates the provisions of Section 6(1)(a) commits a
18Class 3 felony.
19    (2) (a) No abortion shall be performed or induced when the
20fetus is viable unless there is in attendance a physician other
21than the physician performing or inducing the abortion who
22shall take control of and provide immediate medical care for
23any child born alive as a result of the abortion. This
24requirement shall not apply when, in the medical judgment of
25the physician performing or inducing the abortion based on the

 

 

HB4210- 4 -LRB100 16442 RLC 31571 b

1particular facts of the case before him, there exists a medical
2emergency; in such a case, the physician shall describe the
3basis of this judgment on the form prescribed by Section 10 of
4this Act. Any physician who intentionally performs or induces
5such an abortion and who intentionally, knowingly, or
6recklessly fails to arrange for the attendance of such a second
7physician in violation of Section 6(2)(a) commits a Class 3
8felony.
9    (b) Subsequent to the abortion, if a child is born alive,
10the physician required by Section 6(2)(a) to be in attendance
11shall exercise the same degree of professional skill, care and
12diligence to preserve the life and health of the child as would
13be required of a physician providing immediate medical care to
14a child born alive in the course of a pregnancy termination
15which was not an abortion. Any such physician who
16intentionally, knowingly, or recklessly violates Section
176(2)(b) commits a Class 3 felony.
18    (3) The law of this State shall not be construed to imply
19that any living individual organism of the species homo sapiens
20who has been born alive is not an individual under the
21"Criminal Code of 1961," approved July 28, 1961, as amended.
22    (4) (a) Any physician who intentionally performs an
23abortion when, in his medical judgment based on the particular
24facts of the case before him, there is a reasonable possibility
25of sustained survival of the fetus outside the womb, with or
26without artificial support, shall utilize that method of

 

 

HB4210- 5 -LRB100 16442 RLC 31571 b

1abortion which, of those he knows to be available, is in his
2medical judgment most likely to preserve the life and health of
3the fetus.
4    (b) The physician shall certify in writing, on a form
5prescribed by the Department under Section 10 of this Act, the
6available methods considered and the reasons for choosing the
7method employed.
8    (c) Any physician who intentionally, knowingly, or
9recklessly violates the provisions of Section 6(4)(a) commits a
10Class 3 felony.
11    (5) Nothing in Section 6 requires a physician to employ a
12method of abortion which, in the medical judgment of the
13physician performing the abortion based on the particular facts
14of the case before him, would increase medical risk to the
15mother.
16    (6) When the fetus is viable and when there exists
17reasonable medical certainty (a) that the particular method of
18abortion to be employed will cause organic pain to the fetus,
19and (b) that use of an anesthetic or analgesic would abolish or
20alleviate organic pain to the fetus caused by the particular
21method of abortion to be employed, then the physician who is to
22perform the abortion or his agent or the referring physician or
23his agent shall inform the woman upon whom the abortion is to
24be performed that such an anesthetic or analgesic is available,
25if he knows it to be available, for use to abolish or alleviate
26organic pain caused to the fetus by the particular method of

 

 

HB4210- 6 -LRB100 16442 RLC 31571 b

1abortion to be employed. Any person who performs an abortion
2with knowledge that any such reasonable medical certainty
3exists and that such an anesthetic or analgesic is available,
4and intentionally fails to so inform the woman or to ascertain
5that the woman has been so informed commits a Class B
6misdemeanor. The foregoing requirements of subsection (6) of
7Section 6 shall not apply (a) when in the medical judgment of
8the physician who is to perform the abortion or the referring
9physician based upon the particular facts of the case before
10him: (i) there exists a medical emergency, or (ii) the
11administration of such an anesthetic or analgesic would
12decrease a possibility of sustained survival of the fetus apart
13from the body of the mother, with or without artificial
14support, or (b) when the physician who is to perform the
15abortion administers an anesthetic or an analgesic to the woman
16or the fetus and he knows there exists reasonable medical
17certainty that such use will abolish organic pain caused to the
18fetus during the course of the abortion.
19    (7) No person shall sell or experiment upon a fetus
20produced by the fertilization of a human ovum by a human sperm
21unless such experimentation is therapeutic to the fetus thereby
22produced. Intentional violation of this section is a Class A
23misdemeanor. Nothing in this subsection (7) is intended to
24prohibit the performance of in vitro fertilization.
25    (8) No person shall intentionally perform an abortion with
26knowledge that the pregnant woman is seeking the abortion

 

 

HB4210- 7 -LRB100 16442 RLC 31571 b

1solely on account of the sex of the fetus. Nothing in Section
26(8) shall be construed to proscribe the performance of an
3abortion on account of the sex of the fetus because of a
4genetic disorder linked to that sex. If the application of
5Section 6(8) to the period of pregnancy prior to viability is
6held invalid, then such invalidity shall not affect its
7application to the period of pregnancy subsequent to viability.
8    (9)(a) No person shall intentionally perform an abortion
9with knowledge that the pregnant woman is seeking the abortion
10solely on account of the fetus having a test result indicating
11Down syndrome, a prenatal diagnosis of Down syndrome, or any
12other reason to believe that the fetus has Down syndrome.
13    (b) Any physician who intentionally, knowingly, or
14recklessly violates the provisions of paragraph (a) of this
15subsection (9) commits a Class 4 felony.
16    (c) Any physician who intentionally, knowingly, or
17recklessly violates the provisions of paragraph (a) of this
18subsection (9) shall be subject to revocation of his or her
19license pursuant to paragraph (22) of subsection (A) of Section
2022 of the Medical Practice Act of 1987.
21    (d) Any physician who violates the provisions of paragraph
22(a) of this subsection (9) is liable in a civil action for
23compensatory and punitive damages and reasonable attorney's
24fees to any person, or the representative of the estate of any
25person, who sustains injury, death, or loss to person or
26property as the result of the violation. In any action under

 

 

HB4210- 8 -LRB100 16442 RLC 31571 b

1this paragraph (d), the court also may award any injunctive or
2other equitable relief that the court considers appropriate.
3    (e) A pregnant woman on whom an abortion is performed in
4violation of the provisions of paragraph (a) of this subsection
5(9) is not guilty of violating the provisions of paragraph (a)
6of this subsection (9) or of attempting to commit, conspiring
7to commit, or complicity in committing a violation of the
8provisions of paragraph (a) of this subsection (9).
9(Source: P.A. 84-1001.)
 
10    (720 ILCS 510/10)  (from Ch. 38, par. 81-30)
11    Sec. 10. A report of each abortion performed shall be made
12to the Department on forms prescribed by it. Such report forms
13shall not identify the patient by name, but by an individual
14number to be noted in the patient's permanent record in the
15possession of the physician, and shall include information
16concerning:
17    (1) Identification of the physician who performed the
18abortion and the facility where the abortion was performed and
19a patient identification number;
20    (2) State in which the patient resides;
21    (3) Patient's date of birth, race and marital status;
22    (4) Number of prior pregnancies;
23    (5) Date of last menstrual period;
24    (6) Type of abortion procedure performed;
25    (7) Complications and whether the abortion resulted in a

 

 

HB4210- 9 -LRB100 16442 RLC 31571 b

1live birth;
2    (8) The date the abortion was performed;
3    (9) Medical indications for any abortion performed when the
4fetus was viable;
5    (10) The information required by Sections 6(1)(b) and
66(4)(b) of this Act, if applicable;
7    (11) Basis for any medical judgment that a medical
8emergency existed when required under Sections 6(2)(a) and 6(6)
9and when required to be reported in accordance with this
10Section by any provision of this Law; and
11    (12) The pathologist's test results pursuant to Section 12
12of this Act; and .
13    (13) The attending physician's knowledge as to whether the
14pregnant woman was seeking the abortion solely on account of
15the fetus having a test result indicating Down syndrome, a
16prenatal diagnosis of Down syndrome, or any other reason to
17believe that the fetus has Down syndrome.
18    Such form shall be completed by the hospital or other
19licensed facility, signed by the physician who performed the
20abortion or pregnancy termination, and transmitted to the
21Department not later than 10 days following the end of the
22month in which the abortion was performed.
23    In the event that a complication of an abortion occurs or
24becomes known after submission of such form, a correction using
25the same patient identification number shall be submitted to
26the Department within 10 days of its becoming known.

 

 

HB4210- 10 -LRB100 16442 RLC 31571 b

1    The Department may prescribe rules and regulations
2regarding the administration of this Law and shall prescribe
3regulations to secure the confidentiality of the woman's
4identity in the information to be provided under the "Vital
5Records Act". All reports received by the Department shall be
6treated as confidential and the Department shall secure the
7woman's anonymity. Such reports shall be used only for
8statistical purposes.
9    Upon 30 days public notice, the Department is empowered to
10require reporting of any additional information which, in the
11sound discretion of the Department, is necessary to develop
12statistical data relating to the protection of maternal or
13fetal life or health, or is necessary to enforce the provisions
14of this Law, or is necessary to develop useful criteria for
15medical decisions. The Department shall annually report to the
16General Assembly all statistical data gathered under this Law
17and its recommendations to further the purpose of this Law.
18    The requirement for reporting to the General Assembly shall
19be satisfied by filing copies of the report with the Speaker,
20the Minority Leader and the Clerk of the House of
21Representatives and the President, the Minority Leader and the
22Secretary of the Senate and the Legislative Research Unit, as
23required by Section 3.1 of "An Act to revise the law in
24relation to the General Assembly", approved February 25, 1874,
25as amended, and filing such additional copies with the State
26Government Report Distribution Center for the General Assembly

 

 

HB4210- 11 -LRB100 16442 RLC 31571 b

1as is required under paragraph (t) of Section 7 of the State
2Library Act.
3(Source: P.A. 84-1438.)
 
4    (720 ILCS 510/14)  (from Ch. 38, par. 81-34)
5    Sec. 14. (1) If any provision, word, phrase or clause of
6this Act or the application thereof to any person or
7circumstance shall be held invalid, such invalidity shall not
8affect the provisions, words, phrases, clauses or application
9of this Act which can be given effect without the invalid
10provision, word, phrase, clause, or application, and to this
11end the provisions, words, phrases, and clauses of this Act are
12declared to be severable.
13    (2) Within 60 days from the time this Section becomes law,
14the Department shall issue regulations pursuant to Section 10.
15Insofar as Section 10 requires registration under the "Vital
16Records Act", it shall not take effect until such regulations
17are issued. The Department shall make available the forms
18required under Section 10 within 30 days of the time this
19Section becomes law. No requirement that any person report
20information to the Department shall become effective until the
21Department has made available the forms required under Section
2210. All other provisions of this amended Law shall take effect
23immediately upon enactment.
24    (3) The General Assembly may, by joint resolution, appoint
25one or more of its members who sponsored or cosponsored this

 

 

HB4210- 12 -LRB100 16442 RLC 31571 b

1amendatory Act of the 100th General Assembly to intervene as a
2matter of right in any case in which the constitutionality of
3this amendatory Act of the 100th General Assembly is
4challenged.
5    (4) Within 60 days after the effective date of this
6amendatory Act of the 100th General Assembly, the Department
7shall issue rules to implement this amendatory Act of the 100th
8General Assembly. The Department shall make available the forms
9required under Section 10 within 30 days after the effective
10date of this amendatory Act of the 100th General Assembly.
11(Source: P.A. 83-1128.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.