Illinois 2023-2024 Regular Session

Illinois House Bill HB2175 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2175 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: New Act20 ILCS 4111/Act rep. Creates the Parental Notice of Abortion Act of 2023, with provisions similar to those of the Parental Notice of Abortion Act of 1995. Repeals the Youth Health and Safety Act. Effective immediately. LRB103 26049 LNS 52404 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2175 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: New Act20 ILCS 4111/Act rep. New Act 20 ILCS 4111/Act rep. Creates the Parental Notice of Abortion Act of 2023, with provisions similar to those of the Parental Notice of Abortion Act of 1995. Repeals the Youth Health and Safety Act. Effective immediately. LRB103 26049 LNS 52404 b LRB103 26049 LNS 52404 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2175 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
3	3	New Act20 ILCS 4111/Act rep. New Act 20 ILCS 4111/Act rep.
4	4	New Act
5	5	20 ILCS 4111/Act rep.
6	6	Creates the Parental Notice of Abortion Act of 2023, with provisions similar to those of the Parental Notice of Abortion Act of 1995. Repeals the Youth Health and Safety Act. Effective immediately.
7	7	LRB103 26049 LNS 52404 b LRB103 26049 LNS 52404 b
8	8	LRB103 26049 LNS 52404 b
9	9	A BILL FOR
10	10	HB2175LRB103 26049 LNS 52404 b HB2175 LRB103 26049 LNS 52404 b
11	11	HB2175 LRB103 26049 LNS 52404 b
12	12	1 AN ACT concerning parental notice of abortion.
13	13	2 Be it enacted by the People of the State of Illinois,
14	14	3 represented in the General Assembly:
15	15	4 Section 1. Short title. This Act may be cited as the
16	16	5 Parental Notice of Abortion Act of 2023.
17	17	6 Section 5. Legislative findings and purpose. The General
18	18	7 Assembly finds that notification of a family member as defined
19	19	8 in this Act is in the best interest of an unemancipated minor,
20	20	9 and the General Assembly's purpose in enacting this parental
21	21	10 notice law is to further and protect the best interests of an
22	22	11 unemancipated minor.
23	23	12 The medical, emotional, and psychological consequences of
24	24	13 abortion are sometimes serious and long-lasting, and immature
25	25	14 minors often lack the ability to make fully informed choices
26	26	15 that consider both the immediate and long-range consequences.
27	27	16 Parental consultation is usually in the best interest of
28	28	17 the minor and is desirable since the capacity to become
29	29	18 pregnant and the capacity for mature judgment concerning the
30	30	19 wisdom of an abortion are not necessarily related.
31	31	20 Section 10. Definitions. As used in this Act:
32	32	21 "Abortion" means the use of any instrument, medicine,
33	33	22 drug, or any other substance or device to terminate the
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2175 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
38	38	New Act20 ILCS 4111/Act rep. New Act 20 ILCS 4111/Act rep.
39	39	New Act
40	40	20 ILCS 4111/Act rep.
41	41	Creates the Parental Notice of Abortion Act of 2023, with provisions similar to those of the Parental Notice of Abortion Act of 1995. Repeals the Youth Health and Safety Act. Effective immediately.
42	42	LRB103 26049 LNS 52404 b LRB103 26049 LNS 52404 b
43	43	LRB103 26049 LNS 52404 b
44	44	A BILL FOR
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50	50	New Act
51	51	20 ILCS 4111/Act rep.
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70	70	1 pregnancy of a woman known to be pregnant with an intention
71	71	2 other than to increase the probability of a live birth, to
72	72	3 preserve the life or health of a child after live birth, or to
73	73	4 remove a dead fetus.
74	74	5 "Actual notice" means the giving of notice directly, in
75	75	6 person, or by telephone.
76	76	7 "Adult family member" means a person over 21 years of age
77	77	8 who is the parent, grandparent, step-parent living in the
78	78	9 household, or legal guardian.
79	79	10 "Constructive notice" means notice by certified mail to
80	80	11 the last known address of the person entitled to notice with
81	81	12 delivery deemed to have occurred 48 hours after the certified
82	82	13 notice is mailed.
83	83	14 "Incompetent" means any person who has been adjudged as
84	84	15 mentally ill or as a person with a developmental disability
85	85	16 and who, because of her mental illness or developmental
86	86	17 disability, is not fully able to manage her person and for whom
87	87	18 a guardian of the person has been appointed under paragraph
88	88	19 (1) of subsection (a) of Section 11a-3 of the Probate Act of
89	89	20 1975.
90	90	21 "Medical emergency" means a condition that, on the basis
91	91	22 of the physician's good faith clinical judgment, so
92	92	23 complicates the medical condition of a pregnant woman as to
93	93	24 necessitate the immediate abortion of her pregnancy to avert
94	94	25 her death or for which a delay will create serious risk of
95	95	26 substantial and irreversible impairment of major bodily
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106	106	1 function.
107	107	2 "Minor" means any person under 18 years of age who is not
108	108	3 or has not been married or who has not been emancipated under
109	109	4 the Emancipation of Minors Act.
110	110	5 "Neglect" means the failure of an adult family member to
111	111	6 supply a child with necessary food, clothing, shelter, or
112	112	7 medical care when reasonably able to do so or the failure to
113	113	8 protect a child from conditions or actions that imminently and
114	114	9 seriously endanger the child's physical or mental health when
115	115	10 reasonably able to do so.
116	116	11 "Physical abuse" means any physical injury intentionally
117	117	12 inflicted by an adult family member on a child.
118	118	13 "Physician" means any person licensed to practice medicine
119	119	14 in all its branches under the Illinois Medical Practice Act of
120	120	15 1987.
121	121	16 "Sexual abuse" means any sexual conduct or sexual
122	122	17 penetration as defined in Section 11-0.1 of the Criminal Code
123	123	18 of 2012 that is prohibited by the criminal laws of the State
124	124	19 and committed against a minor by an adult family member as
125	125	20 defined in this Act.
126	126	21 Section 15. Notice to adult family member. No person shall
127	127	22 knowingly perform an abortion upon a minor or upon an
128	128	23 incompetent person unless the physician or his or her agent
129	129	24 has given at least 48 hours actual notice to an adult family
130	130	25 member of the pregnant minor or incompetent person of his or
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141	141	1 her intention to perform the abortion, unless that person or
142	142	2 his or her agent has received a written statement by a
143	143	3 referring physician certifying that the referring physician or
144	144	4 his or her agent has given at least 48 hours notice to an adult
145	145	5 family member of the pregnant minor or incompetent person. If
146	146	6 actual notice is not possible after a reasonable effort, the
147	147	7 physician or his or her agent must give 48 hours constructive
148	148	8 notice.
149	149	9 Section 20. Exceptions. Notice shall not be required under
150	150	10 this Act if:
151	151	11 (1) the minor or incompetent person is accompanied by
152	152	12 a person entitled to notice;
153	153	13 (2) notice is waived in writing by a person who is
154	154	14 entitled to notice;
155	155	15 (3) the attending physician certifies in the patient's
156	156	16 medical record that a medical emergency exists and there
157	157	17 is insufficient time to provide the required notice;
158	158	18 (4) the minor declares in writing that she is a victim
159	159	19 of sexual abuse, neglect, or physical abuse by an adult
160	160	20 family member as defined in this Act. The attending
161	161	21 physician must certify in the patient's medical record
162	162	22 that he or she has received the written declaration of
163	163	23 abuse or neglect. Any notification of public authorities
164	164	24 of abuse that may be required under other laws of this
165	165	25 State need not be made by the person performing the
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176	176	1 abortion until after the minor receives an abortion that
177	177	2 otherwise complies with the requirements of this Act; or
178	178	3 (5) notice is waived under Section 25.
179	179	4 Section 25. Procedure for judicial waiver of notice.
180	180	5 (a) The requirements and procedures under this Section are
181	181	6 available to minors and incompetent persons whether or not
182	182	7 they are residents of this State.
183	183	8 (b) The minor or incompetent person may petition any
184	184	9 circuit court for a waiver of the notice requirement and may
185	185	10 participate in proceedings on her own behalf. The court shall
186	186	11 appoint a guardian ad litem for her. Any guardian ad litem
187	187	12 appointed under this Act shall act to maintain the
188	188	13 confidentiality of the proceedings. The circuit court shall
189	189	14 advise her that she has a right to court-appointed counsel and
190	190	15 shall provide her with counsel upon her request.
191	191	16 (c) Court proceedings under this Section shall be
192	192	17 confidential and shall ensure the anonymity of the minor or
193	193	18 incompetent person. All court proceedings under this Section
194	194	19 shall be sealed. The minor or incompetent person shall have
195	195	20 the right to file her petition in the circuit court using a
196	196	21 pseudonym or using solely her initials. All documents related
197	197	22 to this petition shall be confidential and shall not be made
198	198	23 available to the public.
199	199	24 These proceedings shall be given precedence over other
200	200	25 pending matters to the extent necessary to ensure that the
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211	211	1 court reaches a decision promptly. The court shall rule and
212	212	2 issue written findings of fact and conclusions of law within
213	213	3 48 hours of the time that the petition is filed, except that
214	214	4 the 48-hour limitation may be extended at the request of the
215	215	5 minor or incompetent person. If the court fails to rule within
216	216	6 the 48-hour period and an extension is not requested, then the
217	217	7 petition shall be deemed to have been granted, and the notice
218	218	8 requirement shall be waived.
219	219	9 (d) Notice shall be waived if the court finds by a
220	220	10 preponderance of the evidence either:
221	221	11 (1) that the minor or incompetent person is
222	222	12 sufficiently mature and well enough informed to decide
223	223	13 intelligently whether to have an abortion; or
224	224	14 (2) that notification under Section 15 would not be in
225	225	15 the best interests of the minor or incompetent person.
226	226	16 (e) A court that conducts proceedings under this Section
227	227	17 shall issue written and specific factual findings and legal
228	228	18 conclusions supporting its decision and shall order that a
229	229	19 confidential record of the evidence and the judge's findings
230	230	20 and conditions be maintained.
231	231	21 (f) An expedited confidential appeal shall be available,
232	232	22 as the Supreme Court provides by rule, to any minor or
233	233	23 incompetent person to whom the circuit court denies a waiver
234	234	24 of notice. An order authorizing an abortion without notice
235	235	25 shall not be subject to appeal.
236	236	26 (g) The Supreme Court is respectfully requested to adopt
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247	247	1 any rules necessary to ensure that proceedings under this Act
248	248	2 are handled in an expeditious and confidential manner.
249	249	3 (h) No fees shall be required of any minor or incompetent
250	250	4 person who avails herself of the procedures provided by this
251	251	5 Section.
252	252	6 Section 30. Minor's consent to abortion. A person may not
253	253	7 perform an abortion on a minor without the minor's consent,
254	254	8 except in a medical emergency.
255	255	9 Section 35. Reports. The Department of Public Health shall
256	256	10 comply with the reporting requirements set forth in the
257	257	11 consent decree in Herbst v. O'Malley, case no. 84-C-5602 in
258	258	12 the U.S. District Court for the Northern District of Illinois,
259	259	13 Eastern Division.
260	260	14 Section 40. Penalties.
261	261	15 (a) Any physician who willfully fails to provide notice as
262	262	16 required under this Act before performing an abortion on a
263	263	17 minor or an incompetent person shall be referred to the
264	264	18 Illinois State Medical Board for action in accordance with
265	265	19 Section 22 of the Medical Practice Act of 1987.
266	266	20 (b) Any person, not authorized under this Act, who signs
267	267	21 any waiver of notice for a minor or incompetent person seeking
268	268	22 an abortion, is guilty of a Class C misdemeanor.
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279	279	1 Section 45. Immunity. Any physician who, in good faith,
280	280	2 provides notice in accordance with Section 15 or relies on an
281	281	3 exception under Section 20 shall not be subject to any type of
282	282	4 civil or criminal liability or discipline for unprofessional
283	283	5 conduct for failure to give required notice.
284	284	6 Section 50. Severability and inseverability. If any
285	285	7 provision of this Act or its application to any person or
286	286	8 circumstance is held invalid, the invalidity of that provision
287	287	9 or application does not affect other provisions or
288	288	10 applications of the Act that can be given effect without the
289	289	11 invalid provision or application, except that Section 25 is
290	290	12 inseverable to the extent that if all or any substantial and
291	291	13 material part of Section 25 is held invalid, then the entire
292	292	14 Act is invalid.
293	293	15 (20 ILCS 4111/Act rep.)
294	294	16 Section 90. The Youth Health and Safety Act is repealed.
295	295	17 Section 99. Effective date. This Act takes effect upon
296	296	18 becoming law.
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