Public Act 90-0560 of the 90th General Assembly

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Public Act 90-0560

HB0382 Re-Enrolled                            LRB9001039DJcdB

    AN ACT concerning abortions.

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

    Section  1.  Short  title.  This  Act may be cited as the
Partial-birth Abortion Ban Act.

    Section 5. Definitions. In this Act:
    "Partial-birth abortion" means an abortion in  which  the
person performing the abortion partially vaginally delivers a
living  human  fetus  or  infant  before killing the fetus or
infant and completing the delivery.  The  terms  "fetus"  and
"infant"  are used interchangeably to refer to the biological
offspring of human parents.

    Section  10.  Partial-birth  abortions  prohibited.   Any
person  who  knowingly  performs a partial-birth abortion and
thereby kills a human fetus or infant is guilty of a Class  4
felony.  This  Section  does  not  apply  to  a partial-birth
abortion that is necessary to  save  the  life  of  a  mother
because  her  life  is  endangered  by  a  physical disorder,
physical   illness,   or   physical   injury,   including   a
life-endangering condition caused  by  or  arising  from  the
pregnancy  itself,  provided  that no other medical procedure
would suffice for that purpose.

    Section 15. Civil action. The  maternal  grandparents  of
the  fetus  or infant, if the mother has not attained the age
of 18 years at the time of  the  abortion,  may  in  a  civil
action   obtain   appropriate  relief  unless  the  pregnancy
resulted  from  the  plaintiff's  criminal  conduct  or   the
plaintiff consented to the abortion. The relief shall include
money  damages  for all injuries, psychological and physical,
occasioned by the violation of this Act and statutory damages
equal to 3 times the cost of the partial-birth abortion.

    Section 20. Prosecution of woman prohibited. A  woman  on
whom  a  partial-birth  abortion  is  performed  may  not  be
prosecuted  under  this Act, for a conspiracy to violate this
Act, or for an offense under Article 31 of the Criminal  Code
of 1961 based on a violation of this Act, nor may she be held
accountable  under Article 5 of the Criminal Code of 1961 for
an offense based on a violation of this Act.

    Section 99.  Effective date.  This Act  takes  effect  60
days after becoming law.

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