Illinois 2023-2024 Regular Session

Illinois House Bill HB2177 Compare Versions

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

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2177 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: New Act Creates the Infant Born Alive Protection Act. Provides that any physician who intentionally performs an abortion when there is a reasonable likelihood or possibility of sustained survival of the fetus outside the womb shall utilize the method most likely to preserve the life and health of the fetus, and that failure to do so is a Class 3 felony. Prohibits the performance or inducement of an abortion when the fetus is viable unless there is in attendance a physician other than the physician performing or inducing the abortion who shall take control of and provide immediate medical care for any child born alive as a result of the abortion. Provides that any living individual organism of the species homo sapiens who has been born alive is legally an individual under the Criminal Code of 2012. Provides that a Class 3 felony is committed when a physician under specified circumstances intentionally, knowingly, or recklessly fails to exercise the same conduct to preserve the life and health of a child as would be required for a child born alive at the same gestational age. Provides that nothing in the Act requires a physician to employ a method of abortion which, in the medical judgment of the physician, would increase medical risk to the mother. Except in specified circumstances, requires specified persons to inform a woman upon whom an abortion is to be performed when an anesthetic or analgesic is available for use to abolish or alleviate organic pain caused to the fetus by the particular method of abortion to be employed and provides that failure to do so is a Class B misdemeanor. LRB103 26042 LNS 52397 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2177 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: New Act New Act Creates the Infant Born Alive Protection Act. Provides that any physician who intentionally performs an abortion when there is a reasonable likelihood or possibility of sustained survival of the fetus outside the womb shall utilize the method most likely to preserve the life and health of the fetus, and that failure to do so is a Class 3 felony. Prohibits the performance or inducement of an abortion when the fetus is viable unless there is in attendance a physician other than the physician performing or inducing the abortion who shall take control of and provide immediate medical care for any child born alive as a result of the abortion. Provides that any living individual organism of the species homo sapiens who has been born alive is legally an individual under the Criminal Code of 2012. Provides that a Class 3 felony is committed when a physician under specified circumstances intentionally, knowingly, or recklessly fails to exercise the same conduct to preserve the life and health of a child as would be required for a child born alive at the same gestational age. Provides that nothing in the Act requires a physician to employ a method of abortion which, in the medical judgment of the physician, would increase medical risk to the mother. Except in specified circumstances, requires specified persons to inform a woman upon whom an abortion is to be performed when an anesthetic or analgesic is available for use to abolish or alleviate organic pain caused to the fetus by the particular method of abortion to be employed and provides that failure to do so is a Class B misdemeanor. LRB103 26042 LNS 52397 b LRB103 26042 LNS 52397 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2177 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Infant Born Alive Protection Act. Provides that any physician who intentionally performs an abortion when there is a reasonable likelihood or possibility of sustained survival of the fetus outside the womb shall utilize the method most likely to preserve the life and health of the fetus, and that failure to do so is a Class 3 felony. Prohibits the performance or inducement of an abortion when the fetus is viable unless there is in attendance a physician other than the physician performing or inducing the abortion who shall take control of and provide immediate medical care for any child born alive as a result of the abortion. Provides that any living individual organism of the species homo sapiens who has been born alive is legally an individual under the Criminal Code of 2012. Provides that a Class 3 felony is committed when a physician under specified circumstances intentionally, knowingly, or recklessly fails to exercise the same conduct to preserve the life and health of a child as would be required for a child born alive at the same gestational age. Provides that nothing in the Act requires a physician to employ a method of abortion which, in the medical judgment of the physician, would increase medical risk to the mother. Except in specified circumstances, requires specified persons to inform a woman upon whom an abortion is to be performed when an anesthetic or analgesic is available for use to abolish or alleviate organic pain caused to the fetus by the particular method of abortion to be employed and provides that failure to do so is a Class B misdemeanor.
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11	11	1 AN ACT concerning health.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the Infant
15	15	5 Born Alive Protection Act.
16	16	6 Section 5. Method of abortion.
17	17	7 (a) Any physician who intentionally performs an abortion
18	18	8 when, in his or her medical judgment based on the particular
19	19	9 facts of the case before him or her, there is a reasonable
20	20	10 likelihood of sustained survival of the fetus outside the
21	21	11 womb, with or without artificial support, shall utilize that
22	22	12 method of abortion which, of those he or she knows to be
23	23	13 available, is, in his or her medical judgment, most likely to
24	24	14 preserve the life and health of the fetus.
25	25	15 (b) The physician shall certify in writing, on a form
26	26	16 prescribed by the Department of Public Health, the available
27	27	17 methods considered and the reasons for choosing the method
28	28	18 employed.
29	29	19 (c) Any physician who intentionally, knowingly, or
30	30	20 recklessly violates the provisions of subsection (a) commits a
31	31	21 Class 3 felony.
32	32	22 Section 10. Additional physician.
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36	36	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2177 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
37	37	New Act New Act
38	38	New Act
39	39	Creates the Infant Born Alive Protection Act. Provides that any physician who intentionally performs an abortion when there is a reasonable likelihood or possibility of sustained survival of the fetus outside the womb shall utilize the method most likely to preserve the life and health of the fetus, and that failure to do so is a Class 3 felony. Prohibits the performance or inducement of an abortion when the fetus is viable unless there is in attendance a physician other than the physician performing or inducing the abortion who shall take control of and provide immediate medical care for any child born alive as a result of the abortion. Provides that any living individual organism of the species homo sapiens who has been born alive is legally an individual under the Criminal Code of 2012. Provides that a Class 3 felony is committed when a physician under specified circumstances intentionally, knowingly, or recklessly fails to exercise the same conduct to preserve the life and health of a child as would be required for a child born alive at the same gestational age. Provides that nothing in the Act requires a physician to employ a method of abortion which, in the medical judgment of the physician, would increase medical risk to the mother. Except in specified circumstances, requires specified persons to inform a woman upon whom an abortion is to be performed when an anesthetic or analgesic is available for use to abolish or alleviate organic pain caused to the fetus by the particular method of abortion to be employed and provides that failure to do so is a Class B misdemeanor.
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67	67	1 (a) No abortion shall be performed or induced when the
68	68	2 fetus is viable unless there is in attendance a physician
69	69	3 other than the physician performing or inducing the abortion
70	70	4 who shall take control of and provide immediate medical care
71	71	5 for any child born alive as a result of the abortion. This
72	72	6 requirement shall not apply when, in the medical judgment of
73	73	7 the physician performing or inducing the abortion based on the
74	74	8 particular facts of the case before him or her, there exists a
75	75	9 medical emergency; in such a case, the physician shall
76	76	10 describe the basis of this judgment on the form prescribed by
77	77	11 the Department of Public Health. Any physician who
78	78	12 intentionally performs or induces such an abortion and who
79	79	13 intentionally, knowingly, or recklessly fails to arrange for
80	80	14 the attendance of such a second physician in violation of this
81	81	15 subsection commits a Class 3 felony.
82	82	16 (b) Subsequent to the abortion, if a child is born alive,
83	83	17 the physician required by subsection (a) to be in attendance
84	84	18 shall exercise the same degree of professional skill, care,
85	85	19 and diligence to preserve the life and health of the child as
86	86	20 would be required of a physician providing immediate medical
87	87	21 care to a child born alive at the same gestational age. Any
88	88	22 such physician who intentionally, knowingly, or recklessly
89	89	23 violates this subsection commits a Class 3 felony.
90	90	24 Section 15. Living individuals. The law of this State
91	91	25 shall not be construed to imply that any living individual
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102	102	1 organism of the species homo sapiens who has been born alive is
103	103	2 not an individual under the Criminal Code of 2012.
104	104	3 Section 20. Reasonable possibility of sustained survival.
105	105	4 (a) Any physician who intentionally performs an abortion
106	106	5 when, in his or her medical judgment based on the particular
107	107	6 facts of the case before him or her, there is a reasonable
108	108	7 possibility of sustained survival of the fetus outside the
109	109	8 womb, with or without artificial support, shall utilize that
110	110	9 method of abortion which, of those he or she knows to be
111	111	10 available, is, in his or her medical judgment, most likely to
112	112	11 preserve the life and health of the fetus.
113	113	12 (b) The physician shall certify in writing, on a form
114	114	13 prescribed by the Department of Public Health, the available
115	115	14 methods considered and the reasons for choosing the method
116	116	15 employed.
117	117	16 (c) Any physician who intentionally, knowingly, or
118	118	17 recklessly violates the provisions of subsection (a) commits a
119	119	18 Class 3 felony.
120	120	19 Section 25. Increased medical risk to the mother. Nothing
121	121	20 in this Act requires a physician to employ a method of abortion
122	122	21 which, in the medical judgment of the physician performing the
123	123	22 abortion based on the particular facts of the case before him
124	124	23 or her, would increase medical risk to the mother.
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135	135	1 Section 30. Alleviating organic pain to a fetus.
136	136	2 (a) When the fetus is viable and when there exists
137	137	3 reasonable medical certainty that (i) the particular method of
138	138	4 abortion to be employed will cause organic pain to the fetus,
139	139	5 and (ii) use of an anesthetic or analgesic would abolish or
140	140	6 alleviate organic pain to the fetus caused by the particular
141	141	7 method of abortion to be employed, then the physician who is to
142	142	8 perform the abortion or his or her agent or the referring
143	143	9 physician or his or her agent shall inform the woman upon whom
144	144	10 the abortion is to be performed that such an anesthetic or
145	145	11 analgesic is available, if he or she knows it to be available,
146	146	12 for use to abolish or alleviate organic pain caused to the
147	147	13 fetus by the particular method of abortion to be employed. Any
148	148	14 person who performs an abortion with knowledge that any such
149	149	15 reasonable medical certainty exists and that such an
150	150	16 anesthetic or analgesic is available, and intentionally fails
151	151	17 to so inform the woman or to ascertain that the woman has been
152	152	18 so informed commits a Class B misdemeanor.
153	153	19 (b) The requirements of this Section shall not apply:
154	154	20 (1) when, in the medical judgment of the physician who
155	155	21 is to perform the abortion or the referring physician,
156	156	22 based upon the particular facts of the case before him or
157	157	23 her:
158	158	24 (A) there exists a medical emergency; or
159	159	25 (B) the administration of such an anesthetic or
160	160	26 analgesic would decrease a possibility of sustained
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171	171	1 survival of the fetus apart from the body of the
172	172	2 mother, with or without artificial support; or
173	173	3 (2) when the physician who is to perform the abortion
174	174	4 administers an anesthetic or an analgesic to the woman or
175	175	5 the fetus and he or she knows there exists reasonable
176	176	6 medical certainty that such use will abolish organic pain
177	177	7 caused to the fetus during the course of the abortion.
178	178	8 Section 35. Rules. The Department of Public Health shall
179	179	9 adopt any rules necessary for the administration and
180	180	10 enforcement of this Act.
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