IL
Illinois House Bill HB2180

Illinois 2023-2024 Regular Session

Illinois House Bill HB2180 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2180 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: New Act Creates the Partial-Birth Abortion Ban Act of 2023. Provides that any person who knowingly performs a partial-birth abortion and thereby kills a human fetus or infant is guilty of a Class 4 felony. Provides that a person shall only perform or induce a partial-birth abortion on a viable fetus if: (i) the person is a physician; (ii) the person has a documented referral from another physician not legally or financially affiliated with the person performing or inducing the abortion; (iii) both physicians determine that the life of the mother is endangered by a physical disorder, physical illness, or physical injury; and (iv) there is no other medical procedure that would suffice for that purpose. Provides that 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 obtain appropriate relief unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. Provides that a woman on whom a partial-birth abortion is performed may not be prosecuted under the Act, for a conspiracy to violate the Act, or for an offense under Article 31 of the Criminal Code of 2012, nor may she be held accountable under Article 5 of the Criminal Code of 2012. Effective immediately. LRB103 25998 LNS 52352 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2180 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: New Act New Act Creates the Partial-Birth Abortion Ban Act of 2023. Provides that any person who knowingly performs a partial-birth abortion and thereby kills a human fetus or infant is guilty of a Class 4 felony. Provides that a person shall only perform or induce a partial-birth abortion on a viable fetus if: (i) the person is a physician; (ii) the person has a documented referral from another physician not legally or financially affiliated with the person performing or inducing the abortion; (iii) both physicians determine that the life of the mother is endangered by a physical disorder, physical illness, or physical injury; and (iv) there is no other medical procedure that would suffice for that purpose. Provides that 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 obtain appropriate relief unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. Provides that a woman on whom a partial-birth abortion is performed may not be prosecuted under the Act, for a conspiracy to violate the Act, or for an offense under Article 31 of the Criminal Code of 2012, nor may she be held accountable under Article 5 of the Criminal Code of 2012. Effective immediately. LRB103 25998 LNS 52352 b LRB103 25998 LNS 52352 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2180 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
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55 Creates the Partial-Birth Abortion Ban Act of 2023. Provides that any person who knowingly performs a partial-birth abortion and thereby kills a human fetus or infant is guilty of a Class 4 felony. Provides that a person shall only perform or induce a partial-birth abortion on a viable fetus if: (i) the person is a physician; (ii) the person has a documented referral from another physician not legally or financially affiliated with the person performing or inducing the abortion; (iii) both physicians determine that the life of the mother is endangered by a physical disorder, physical illness, or physical injury; and (iv) there is no other medical procedure that would suffice for that purpose. Provides that 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 obtain appropriate relief unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. Provides that a woman on whom a partial-birth abortion is performed may not be prosecuted under the Act, for a conspiracy to violate the Act, or for an offense under Article 31 of the Criminal Code of 2012, nor may she be held accountable under Article 5 of the Criminal Code of 2012. Effective immediately.
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1111 1 AN ACT concerning civil law.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Short title. This Act may be cited as the
1515 5 Partial-Birth Abortion Ban Act of 2023.
1616 6 Section 5. Findings; purposes.
1717 7 (a) The General Assembly finds that:
1818 8 (1) Partial-birth abortion is a gruesome and inhumane
1919 9 procedure that is never medically necessary and, as such,
2020 10 should be prohibited.
2121 11 (2) In 2003, the 108th United States Congress passed
2222 12 the Partial-Birth Abortion Ban Act of 2003 (18 U.S.C.
2323 13 1531), and President George W. Bush signed it into law.
2424 14 (3) Later, on April 18, 2007, the U.S. Supreme Court
2525 15 upheld the Partial-Birth Abortion Ban Act of 2003 ("the
2626 16 federal ban") in Gonzales v. Carhart, 550 U.S. 124 (2007),
2727 17 specifically ruling that a ban on partial-birth abortion
2828 18 need not include a maternal "health" exception to be
2929 19 constitutional.
3030 20 (4) This Act's language stems from and uses as its
3131 21 primary influence the language of the federal ban as
3232 22 upheld in Gonzales v. Carhart.
3333 23 (5) This Act a state ban on partial-birth abortion
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4040 Creates the Partial-Birth Abortion Ban Act of 2023. Provides that any person who knowingly performs a partial-birth abortion and thereby kills a human fetus or infant is guilty of a Class 4 felony. Provides that a person shall only perform or induce a partial-birth abortion on a viable fetus if: (i) the person is a physician; (ii) the person has a documented referral from another physician not legally or financially affiliated with the person performing or inducing the abortion; (iii) both physicians determine that the life of the mother is endangered by a physical disorder, physical illness, or physical injury; and (iv) there is no other medical procedure that would suffice for that purpose. Provides that 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 obtain appropriate relief unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. Provides that a woman on whom a partial-birth abortion is performed may not be prosecuted under the Act, for a conspiracy to violate the Act, or for an offense under Article 31 of the Criminal Code of 2012, nor may she be held accountable under Article 5 of the Criminal Code of 2012. Effective immediately.
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6868 1 is needed to supplement the federal ban. Importantly, the
6969 2 federal ban was narrowly tailored to reach only those
7070 3 partial-birth abortion procedures that implicate Congress'
7171 4 power to regulate interstate or foreign commerce. U.S.
7272 5 CONST. art. 1, 8, cl. 3. Without this Act, partial-birth
7373 6 abortions performed, but not affecting these categories of
7474 7 commerce, are not prohibited under the federal ban.
7575 8 (6) A partial-birth abortion poses serious risk to a
7676 9 woman's long-term health.
7777 10 (7) There is a substantial evidentiary record upon
7878 11 which the General Assembly has based its conclusion that a
7979 12 maternal "health" exception is not constitutionality
8080 13 required in a State ban on partial-birth abortion.
8181 14 (8) Moreover, the medical evidence clearly supports
8282 15 the informed judgment of this State that a partial-birth
8383 16 abortion is never medically necessary to preserve a
8484 17 woman's health and instead poses serious health risks to
8585 18 the woman.
8686 19 (9) Specifically, partial-birth abortion poses serious
8787 20 risks, including, but not limited to: an increased risk of
8888 21 cervical incompetence, as a result of cervical dilation,
8989 22 that makes it difficult or impossible for a woman to
9090 23 successfully carry a subsequent pregnancy to term; an
9191 24 increased risk of uterine rupture, abruption, amniotic
9292 25 fluid embolus, and trauma to the uterus, as a result of
9393 26 converting the child to a footling breech position a
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104104 1 procedure which, according to a leading obstetrics
105105 2 textbook, "there are very few, if any, indications for
106106 3 other than for delivery of a second twin"; and a risk of
107107 4 lacerations and secondary hemorrhaging, as a result of the
108108 5 physician blindly forcing a sharp instrument into the base
109109 6 of the unborn child's skull while he or she is lodged in
110110 7 the birth canal an act that could result in severe
111111 8 bleeding and subsequent shock.
112112 9 (10) There is no credible medical evidence that
113113 10 partial-birth abortions are safer than other abortion
114114 11 procedures. No controlled studies of partial-birth
115115 12 abortion have been conducted nor have any comparative
116116 13 studies been conducted to demonstrate its safety and
117117 14 efficacy compared to other abortion methods. Furthermore,
118118 15 there have been no articles published in peer-reviewed
119119 16 journals that establish that partial-birth abortions are
120120 17 superior in any way to established abortion procedures.
121121 18 (11) In light of this overwhelming evidence, the State
122122 19 has a compelling interest in prohibiting partial-birth
123123 20 abortion. Planned Parenthood v. Casey, 505 U.S. 833
124124 21 (1992), recognized a governmental interest in protecting
125125 22 the life of a child during the birth process. This
126126 23 interest is specifically implicated during a partial-birth
127127 24 abortion because labor is induced and the birth process is
128128 25 begun before an abortion is attempted or the child is
129129 26 actually aborted.
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140140 1 (12) In fact, partial-birth abortion kills a child who
141141 2 is mere inches away from birth and being considered a
142142 3 "person". Thus, this State clearly has a heightened
143143 4 interest in protecting the life of the partially born
144144 5 child.
145145 6 (13) The public's perception of the appropriate role
146146 7 of a physician during a child's birth is undermined by
147147 8 aborting a child in the manner that purposefully seeks to
148148 9 kill the child inches from birth.
149149 10 (14) Partial-birth abortion is disturbingly similar to
150150 11 the killing of a newborn infant and blurs the legal and
151151 12 moral lines between infanticide and abortion. This Act
152152 13 reinforces that line at birth while also preserving the
153153 14 integrity of the medical profession and promoting respect
154154 15 for human life.
155155 16 (15) The vast majority of infants killed during
156156 17 partial-birth abortions are alive until the very end of
157157 18 the procedure. Medical science has established that an
158158 19 unborn child can feel pain when subjected to painful
159159 20 stimuli like that inflicted during a partial-birth
160160 21 abortion procedure. Moreover, fetal pain experts believe
161161 22 that an unborn child's perception of pain can be even more
162162 23 intense than that of newborn infants and older children
163163 24 subjected to the same stimuli.
164164 25 (b) Based on the findings in subsection (a), the purposes
165165 26 of the General Assembly are to:
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176176 1 (1) conclusively establish that partial-birth abortion
177177 2 is never medically indicated to preserve the health of the
178178 3 mother and instead poses significant maternal health
179179 4 risks;
180180 5 (2) clearly define the line between abortion and
181181 6 infanticide; and
182182 7 (3) safeguard the role of a physician during
183183 8 childbirth.
184184 9 Section 10. Definitions; terms.
185185 10 (a) As used in this Act, "partial-birth abortion" means an
186186 11 abortion in which the person performing the abortion:
187187 12 (1) deliberately and intentionally vaginally delivers
188188 13 a living fetus until, in the case of a head-first
189189 14 presentation, the entire fetal head is outside the body of
190190 15 the mother, or, in the case of breech presentation, any
191191 16 part of the fetal trunk past the navel is outside the body
192192 17 of the mother, for the purpose of performing an overt act
193193 18 that the person knows will kill the partially delivered
194194 19 living fetus; and
195195 20 (2) performs the overt act, other than completion of
196196 21 delivery, which kills the partially delivered living
197197 22 fetus.
198198 23 (b) The terms "fetus" and "infant" are used
199199 24 interchangeably to refer to the biological offspring of human
200200 25 parents.
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211211 1 Section 15. Partial-birth abortions prohibited.
212212 2 Notwithstanding any other law to the contrary, any person who
213213 3 knowingly performs a partial-birth abortion and thereby kills
214214 4 a human fetus or infant is guilty of a Class 4 felony. A person
215215 5 shall only perform or induce a partial-birth abortion on a
216216 6 viable fetus if: (i) the person is a physician; (ii) the person
217217 7 has a documented referral from another physician not legally
218218 8 or financially affiliated with the person performing or
219219 9 inducing the abortion; (iii) both physicians determine that
220220 10 the life of the mother is endangered by a physical disorder,
221221 11 physical illness, or physical injury, including a
222222 12 life-endangering condition caused by or arising from the
223223 13 pregnancy itself; and (iv) there is no other medical procedure
224224 14 that would suffice for that purpose.
225225 15 Section 20. Civil action. The maternal grandparents of the
226226 16 fetus or infant, if the mother has not attained the age of 18
227227 17 years at the time of the abortion, may obtain, in a civil
228228 18 action, appropriate relief unless the pregnancy resulted from
229229 19 the plaintiff's criminal conduct or the plaintiff consented to
230230 20 the abortion. The relief shall include money damages for all
231231 21 injuries, psychological and physical, occasioned by the
232232 22 violation of this Act and statutory damages equal to 3 times
233233 23 the cost of the partial-birth abortion.
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244244 1 Section 25. Prosecution of woman prohibited. A woman on
245245 2 whom a partial-birth abortion is performed may not be
246246 3 prosecuted under this Act, for a conspiracy to violate this
247247 4 Act, or for an offense under Article 31 of the Criminal Code of
248248 5 2012 based on a violation of this Act, nor may she be held
249249 6 accountable under Article 5 of the Criminal Code of 2012 for an
250250 7 offense based on a violation of this Act.
251251 8 Section 99. Effective date. This Act takes effect upon
252252 9 becoming law.
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