Illinois 2023-2024 Regular Session

Illinois House Bill HB2590 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 HB2590 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: New Act Creates the Coercive Abuse Against Mothers Prevention Act. Provides that it is illegal to coerce or force a pregnant woman to have an abortion. Provides that whoever coerces or forces a pregnant woman to have an abortion is guilty of a petty offense with a fine of $500 and a business offense with a fine of $1,500. Allows a pregnant woman injured by an abuser's violation of the Act to bring a civil suit to recover damages for such injury regardless of whether the abuser is criminally prosecuted and whether the pregnant woman has an abortion. Requires a reproductive health care facility to conspicuously post signs visible to all who enter its waiting, consultation, and procedure rooms specified notices and information. Requires a mandatory reporter to personally report every instance of alleged or suspected coerced abortion to the Department of Children and Family Services or the local law enforcement authority of the county the facility is in. Requires an attending health care professional to orally ask a pregnant woman, in a private room and without any individual accompanying her, if she is being coerced or forced to have an abortion. Provides that any mandatory reporter who has reason to believe a woman is or has been a victim of coercion and willfully and knowingly does not report such coercion, force, attempted coercion, threatened coercion, or threatened force is guilty of a business offense with a fine of $5,000. Provides that any health care professional who willfully violates the mandatory reporting requirements shall be referred to the Illinois State Medical Board for action on whether to suspend or revoke his or her license. Allows a pregnant woman injured by a facility's violation of the Act to bring a civil suit to recover damages for such injury. Makes other changes. Effective 90 days after becoming law. LRB103 30221 LNS 56649 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2590 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: New Act New Act Creates the Coercive Abuse Against Mothers Prevention Act. Provides that it is illegal to coerce or force a pregnant woman to have an abortion. Provides that whoever coerces or forces a pregnant woman to have an abortion is guilty of a petty offense with a fine of $500 and a business offense with a fine of $1,500. Allows a pregnant woman injured by an abuser's violation of the Act to bring a civil suit to recover damages for such injury regardless of whether the abuser is criminally prosecuted and whether the pregnant woman has an abortion. Requires a reproductive health care facility to conspicuously post signs visible to all who enter its waiting, consultation, and procedure rooms specified notices and information. Requires a mandatory reporter to personally report every instance of alleged or suspected coerced abortion to the Department of Children and Family Services or the local law enforcement authority of the county the facility is in. Requires an attending health care professional to orally ask a pregnant woman, in a private room and without any individual accompanying her, if she is being coerced or forced to have an abortion. Provides that any mandatory reporter who has reason to believe a woman is or has been a victim of coercion and willfully and knowingly does not report such coercion, force, attempted coercion, threatened coercion, or threatened force is guilty of a business offense with a fine of $5,000. Provides that any health care professional who willfully violates the mandatory reporting requirements shall be referred to the Illinois State Medical Board for action on whether to suspend or revoke his or her license. Allows a pregnant woman injured by a facility's violation of the Act to bring a civil suit to recover damages for such injury. Makes other changes. Effective 90 days after becoming law. LRB103 30221 LNS 56649 b LRB103 30221 LNS 56649 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2590 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Coercive Abuse Against Mothers Prevention Act. Provides that it is illegal to coerce or force a pregnant woman to have an abortion. Provides that whoever coerces or forces a pregnant woman to have an abortion is guilty of a petty offense with a fine of $500 and a business offense with a fine of $1,500. Allows a pregnant woman injured by an abuser's violation of the Act to bring a civil suit to recover damages for such injury regardless of whether the abuser is criminally prosecuted and whether the pregnant woman has an abortion. Requires a reproductive health care facility to conspicuously post signs visible to all who enter its waiting, consultation, and procedure rooms specified notices and information. Requires a mandatory reporter to personally report every instance of alleged or suspected coerced abortion to the Department of Children and Family Services or the local law enforcement authority of the county the facility is in. Requires an attending health care professional to orally ask a pregnant woman, in a private room and without any individual accompanying her, if she is being coerced or forced to have an abortion. Provides that any mandatory reporter who has reason to believe a woman is or has been a victim of coercion and willfully and knowingly does not report such coercion, force, attempted coercion, threatened coercion, or threatened force is guilty of a business offense with a fine of $5,000. Provides that any health care professional who willfully violates the mandatory reporting requirements shall be referred to the Illinois State Medical Board for action on whether to suspend or revoke his or her license. Allows a pregnant woman injured by a facility's violation of the Act to bring a civil suit to recover damages for such injury. Makes other changes. Effective 90 days after becoming law.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning civil law.
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
15	15	5 Coercive Abuse Against Mothers Prevention Act.
16	16	6 Section 5. Legislative findings; intent.
17	17	7 (a) The General Assembly finds that:
18	18	8 (1) Research indicates that violence against pregnant
19	19	9 women is a serious problem. Many women report that they
20	20	10 were coerced into abortions and have suffered grievous
21	21	11 physical, emotional, psychological, and spiritual harm as
22	22	12 a result.
23	23	13 (2) Reproductive health care facilities are often the
24	24	14 only and last opportunities of hope for victims of
25	25	15 coercive abuse. As such, they are uniquely situated to
26	26	16 help these women.
27	27	17 (3) More cases of coerced or attempted coerced
28	28	18 abortions are reported if women are informed of their
29	29	19 rights and given information concerning treatment and
30	30	20 protection options.
31	31	21 (4) More women may receive treatment for coercive
32	32	22 abuse if clinics inform them of their rights and give them
33	33	23 information concerning treatment and protection options.
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2590 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Coercive Abuse Against Mothers Prevention Act. Provides that it is illegal to coerce or force a pregnant woman to have an abortion. Provides that whoever coerces or forces a pregnant woman to have an abortion is guilty of a petty offense with a fine of $500 and a business offense with a fine of $1,500. Allows a pregnant woman injured by an abuser's violation of the Act to bring a civil suit to recover damages for such injury regardless of whether the abuser is criminally prosecuted and whether the pregnant woman has an abortion. Requires a reproductive health care facility to conspicuously post signs visible to all who enter its waiting, consultation, and procedure rooms specified notices and information. Requires a mandatory reporter to personally report every instance of alleged or suspected coerced abortion to the Department of Children and Family Services or the local law enforcement authority of the county the facility is in. Requires an attending health care professional to orally ask a pregnant woman, in a private room and without any individual accompanying her, if she is being coerced or forced to have an abortion. Provides that any mandatory reporter who has reason to believe a woman is or has been a victim of coercion and willfully and knowingly does not report such coercion, force, attempted coercion, threatened coercion, or threatened force is guilty of a business offense with a fine of $5,000. Provides that any health care professional who willfully violates the mandatory reporting requirements shall be referred to the Illinois State Medical Board for action on whether to suspend or revoke his or her license. Allows a pregnant woman injured by a facility's violation of the Act to bring a civil suit to recover damages for such injury. Makes other changes. Effective 90 days after becoming law.
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68	68	1 (5) Coercive abuse is a serious women's health issue
69	69	2 because it violates a woman's rights to physical and
70	70	3 emotional health, her freedom of conscience, and to freely
71	71	4 choose either to continue her pregnancy or to have an
72	72	5 abortion where it is legal.
73	73	6 (b) Based on the findings in subsection (a), it is the
74	74	7 intent of the General Assembly to:
75	75	8 (1) prohibit actions intended to coerce or otherwise
76	76	9 force a woman to abort her unborn child; and
77	77	10 (2) empower all mothers in the State to exercise their
78	78	11 freedom of conscience in choosing life for their unborn
79	79	12 children, free of violent and abusive coercion.
80	80	13 Section 10. Definitions. As used in this Act:
81	81	14 "Abortion" has the same meaning as used in Section 1-10 of
82	82	15 the Reproductive Health Act.
83	83	16 "Abuser" means any person who attempts to, conspires to,
84	84	17 or successfully coerces, forces a woman to have an abortion.
85	85	18 "Advanced practice registered nurse" has the same meaning
86	86	19 as used in Section 50-10 of the Nurse Practice Act.
87	87	20 "Coercion" means when any person, with purpose to restrict
88	88	21 a pregnant woman's freedom of action to her detriment, engages
89	89	22 in conduct where the person coerces or forces an abortion on
90	90	23 the pregnant woman.
91	91	24 "Coerce an abortion" or "force an abortion" means when a
92	92	25 person:
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103	103	1 (1) knows of or suspects the pregnancy of a woman;
104	104	2 (2) engages or conspires with another to engage in any
105	105	3 of the following conduct:
106	106	4 (A) committing, attempting to commit, or
107	107	5 threatening to commit physical harm to the woman,
108	108	6 unborn child, or another person;
109	109	7 (B) holding, attempting to hold, or threatening to
110	110	8 hold in confinement the woman or unborn child;
111	111	9 (C) committing, attempting to commit, or
112	112	10 threatening to commit any act prohibited by any
113	113	11 statute of this State;
114	114	12 (D) revoking, attempting to revoke, or threatening
115	115	13 to revoke a scholarship awarded to the woman by a
116	116	14 public or private institution of higher education;
117	117	15 (E) discharging, attempting to discharge, or
118	118	16 threatening to discharge the woman or another person
119	119	17 or changing, attempting to change, or threatening to
120	120	18 change her or the other person's compensation, terms,
121	121	19 conditions, or privileges of employment;
122	122	20 (F) denying, attempting to deny, or threatening to
123	123	21 deny any social assistance for which a pregnant woman
124	124	22 or another person has applied, has been approved for,
125	125	23 or has been receiving and for which she or the other
126	126	24 person is otherwise eligible; or
127	127	25 (G) denying, removing, or threatening to deny or
128	128	26 remove financial support or housing from a dependent;
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139	139	1 (3) that is intentionally or purposely aimed at
140	140	2 causing or directing the pregnant woman to have an
141	141	3 abortion; and
142	142	4 (4) solely conditioned upon the pregnant woman
143	143	5 disregarding or refusing the person's demand that she seek
144	144	6 an abortion, regardless of whether the abortion has been
145	145	7 attempted or completed.
146	146	8 "Coerce an abortion" or "force an abortion" does not
147	147	9 include constitutionally protected speech, conduct, or
148	148	10 expressions of conscience.
149	149	11 "Course of conduct" means a pattern of conduct composed of
150	150	12 a series of 2 or more separate acts evincing a continuity of
151	151	13 purpose.
152	152	14 "Dependent" has the same meaning as "child" as used in
153	153	15 Section 3 of the Abused and Neglected Child Reporting Act, or
154	154	16 has the same meaning as "intellectual disability" as used in
155	155	17 Section 1-116 of the Mental Health and Developmental
156	156	18 Disabilities Code.
157	157	19 "Health care professional" means a person who is a
158	158	20 licensed physician, advanced practice registered nurse, or
159	159	21 physician assistant.
160	160	22 "Mandatory reporter" means any individual who provides
161	161	23 health care services, including:
162	162	24 (1) a physician;
163	163	25 (2) a surgeon;
164	164	26 (3) a physician assistant;
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175	175	1 (4) a physical therapist;
176	176	2 (5) a psychiatrist;
177	177	3 (6) a psychologist;
178	178	4 (7) a medical resident;
179	179	5 (8) a medical intern;
180	180	6 (9) a hospital staff member;
181	181	7 (10) an advanced practice registered nurse;
182	182	8 (11) a licensed nurse;
183	183	9 (12) a nurse's aide;
184	184	10 (13) an emergency medical technician;
185	185	11 (14) a paramedic; and
186	186	12 (15) any employee, staff member, or volunteer at a
187	187	13 reproductive health care facility.
188	188	14 "Physician" means any person licensed to practice medicine
189	189	15 in all its branches under the Medical Practice Act of 1987.
190	190	16 "Physician assistant" has the same meaning as used in
191	191	17 Section 4 of the Physician Assistant Practice Act of 1987.
192	192	18 "Pregnant woman" means any biological female of any age
193	193	19 who is in the reproductive condition of having an unborn child
194	194	20 in her uterus.
195	195	21 "Reproductive health care facility" or "facility" means
196	196	22 any office, clinic, or other physical location licensed by the
197	197	23 State to provide:
198	198	24 (1) surgical or medical abortions;
199	199	25 (2) abortion counseling;
200	200	26 (3) abortion referrals; or
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211	211	1 (4) gynecological care and services.
212	212	2 "Solely" means the conduct described in Section 15 must be
213	213	3 such that it would not have occurred but for the woman's
214	214	4 pregnancy, including the possibility that an actor may have
215	215	5 multiple motives for engaging in the conduct described in
216	216	6 Section 15.
217	217	7 "Threat" means a statement or a course of conduct by an
218	218	8 individual that would cause a reasonable person to believe
219	219	9 that the individual is likely to act in accordance with the
220	220	10 statements or as implied by a course of conduct. "Threat" does
221	221	11 not exclude constitutionally protected speech or any
222	222	12 generalized statement regarding a lawful pregnancy option,
223	223	13 such as an emotional expression by a family or household
224	224	14 member of the pregnant woman.
225	225	15 "Unborn child" or "preborn child" means the offspring of
226	226	16 human beings from conception to birth.
227	227	17 Section 15. Coerced or forced abortion prohibited; civil
228	228	18 remedies.
229	229	19 (a) It is illegal to coerce or force a pregnant woman to
230	230	20 have an abortion.
231	231	21 (b) Whoever is guilty of engaging in conduct described in
232	232	22 and proscribed by this Section is, in addition to any other
233	233	23 crimes described in the Criminal Code of 2012, guilty of a
234	234	24 petty offense with a fine of $500 and a business offense with a
235	235	25 fine of $1,500 for each subsequent violation.
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246	246	1 (c) If the father or putative father of the unborn child
247	247	2 commits a violation of this Section against a pregnant woman
248	248	3 who is less than 18 years of age, and the father or putative
249	249	4 father is 18 years of age or older, he is guilty of a petty
250	250	5 offense with a fine of $500 and a business offense with a fine
251	251	6 of $1,500 for each subsequent violation.
252	252	7 (d) A pregnant woman injured by an abuser's violation of
253	253	8 this Act may bring a civil suit to recover damages for such
254	254	9 injury, including wrongful death on behalf of an aborted child
255	255	10 under the Wrongful Death Act, regardless of whether the abuser
256	256	11 is criminally prosecuted and whether the pregnant woman has an
257	257	12 abortion. In such civil suit, the pregnant woman shall be
258	258	13 entitled to recover, in addition to any other damages, her
259	259	14 reasonable attorney's fees and costs if she is the prevailing
260	260	15 party.
261	261	16 (e) Any dependent or woman who is threatened with
262	262	17 coercion, as defined in Section 10, may apply to a court of
263	263	18 competent jurisdiction for relief. The court shall provide the
264	264	19 dependent or woman with counsel, give the matter expedited
265	265	20 consideration, and grant such relief as may be necessary to
266	266	21 prevent such coercion.
267	267	22 (f) If a dependent's parent, guardian, or custodian denies
268	268	23 financial support to a dependent because of the dependent's
269	269	24 refusal to have an abortion, the dependent is considered an
270	270	25 emancipated minor for the purposes of public assistance
271	271	26 benefits eligibility. Any public assistance benefits may not
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282	282	1 be used to obtain an abortion.
283	283	2 Section 20. Reproductive health care facility
284	284	3 requirements; civil remedies; professional sanctions.
285	285	4 (a) A facility shall conspicuously post signs visible to
286	286	5 all who enter in its waiting, consultation, and procedure
287	287	6 rooms to be clearly readable, which state the following
288	288	7 notices and information:
289	289	8 (1) "It is against the law for anyone, regardless of
290	290	9 his or her relationship to you, to force you to have an
291	291	10 abortion."
292	292	11 (2) "You have the right to contact any local or State
293	293	12 law enforcement or social service agency to receive
294	294	13 protection from any actual or threatened physical,
295	295	14 emotional, or psychological abuse."
296	296	15 (3) "It is against the law to perform, induce,
297	297	16 prescribe for, or provide you with the means for an
298	298	17 abortion without your voluntary consent."
299	299	18 (4) Local and State law enforcement and social service
300	300	19 agency telephone numbers.
301	301	20 The continued posting of such signs shall be a condition
302	302	21 of licensure of any reproductive health care facility under
303	303	22 the Department of Public Health.
304	304	23 The display of such signs does not discharge the duty of a
305	305	24 reproductive health care facility to have a health care
306	306	25 professional orally inform the pregnant woman of information
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317	317	1 required by subsections (b) and (c).
318	318	2 (b) A mandatory reporter shall personally report every
319	319	3 instance of alleged or suspected coerced abortion as defined
320	320	4 in and proscribed by Section 15 to the Department of Children
321	321	5 and Family Services or the local law enforcement authority of
322	322	6 the county the facility is in. The mandatory reporter may not
323	323	7 decide what cases should or should not be reported to the
324	324	8 appropriate law enforcement or the Department of Children and
325	325	9 Family Services, nor may he or she delegate the duties
326	326	10 described in this Section to another person.
327	327	11 The standard to be applied to a mandatory reporter in
328	328	12 determining a reportable suspicion is reasonability in good
329	329	13 faith.
330	330	14 If a mandatory reporter has cause to believe that a
331	331	15 pregnant woman is or was a victim of conduct defined in and
332	332	16 proscribed by Section 15, the mandatory reporter shall make a
333	333	17 report no later than 48 hours after such coercion, force,
334	334	18 attempted coercion, attempted force, threatened coercion, or
335	335	19 threatened force has been brought to his or her attention or
336	336	20 suspicion.
337	337	21 A mandatory reporter shall identify the pregnant woman's
338	338	22 name and address, and, in the case of a dependent, the name and
339	339	23 address of the person who is responsible for the care or
340	340	24 custody of the minor. The mandatory reporter shall also report
341	341	25 any pertinent information he or she may have relating to the
342	342	26 alleged or suspected coercion, force, attempted coercion,
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353	353	1 attempted force, threatened coercion, or threatened force.
354	354	2 The attending health care professional shall orally inform
355	355	3 the pregnant woman that no one can force her to have an
356	356	4 abortion.
357	357	5 (c) In a private room, the attending health care
358	358	6 professional shall orally ask the pregnant woman, without any
359	359	7 individual accompanying her, if she is being coerced or forced
360	360	8 to have an abortion.
361	361	9 (1) If it is reasonably suspected that the woman is
362	362	10 being coerced or forced into having an abortion, the
363	363	11 health care professional shall inform the woman that:
364	364	12 (A) such coercion is illegal;
365	365	13 (B) the woman may have legal remedies;
366	366	14 (C) a request or demand by the father to have an
367	367	15 abortion does not relieve his financial support
368	368	16 responsibilities.
369	369	17 (2) The attending health care professional shall also
370	370	18 provide the pregnant woman with:
371	371	19 (A) information about assistance, counseling, and
372	372	20 protective services offered by:
373	373	21 (i) social programs; or
374	374	22 (ii) local or State law enforcement agencies;
375	375	23 (B) access to a telephone where she can make a
376	376	24 private call; and
377	377	25 (C) an alternate exit from the facility so that,
378	378	26 if necessary, she can exit the abortion facility
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389	389	1 without being seen or confronted.
390	390	2 (d) Any mandatory reporter who has reason to believe a
391	391	3 woman is or has been a victim of conduct defined in and
392	392	4 proscribed by Section 15, and willfully and knowingly does not
393	393	5 report such coercion, force, attempted coercion, attempted
394	394	6 force, threatened coercion, or threatened force as required by
395	395	7 this Act is guilty of a business offense with a fine of $5,000.
396	396	8 Any person who performs an abortion which is inconsistent
397	397	9 with this subsection is guilty of a business offense with a
398	398	10 fine of $5,000.
399	399	11 Any health care professional who willfully violates this
400	400	12 subsection or subsection (b) or (c) shall be referred to the
401	401	13 Illinois State Medical Board for action on whether to suspend
402	402	14 or revoke his or her license.
403	403	15 A pregnant woman injured by a facility's violation of this
404	404	16 Act may bring a civil suit to recover damages for such injury,
405	405	17 including wrongful death on behalf of an aborted child as
406	406	18 provided for under the Wrongful Death Act, regardless of
407	407	19 whether the attending health care professional or the facility
408	408	20 is criminally prosecuted and whether the pregnant woman had an
409	409	21 abortion. In such a civil suit, the pregnant woman, if she is
410	410	22 the prevailing party, is entitled to recover, in addition to
411	411	23 any other damages, her reasonable attorney's fees and costs.
412	412	24 Initial and continuing adherence to the requirements of
413	413	25 this Section shall be a condition of licensure for any
414	414	26 reproductive health care facility under the Department of
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425	425	1 Public Health.
426	426	2 A woman receiving an abortion inconsistent with any
427	427	3 provision of this Act cannot be prosecuted or held civilly
428	428	4 liable.
429	429	5 Section 25. Construction.
430	430	6 (a) This Act does not create, recognize, endorse, or
431	431	7 condone a right to an abortion.
432	432	8 (b) This Act does not make lawful an abortion that is
433	433	9 currently unlawful.
434	434	10 Section 30. Severability. Any provision of this Act held
435	435	11 to be invalid or unenforceable by its terms, or as applied to
436	436	12 any person or circumstance, is construed so as to give it the
437	437	13 maximum effect permitted by law. If such holdings wholly
438	438	14 invalidates or renders the provision unenforceable, the
439	439	15 provision is severable from and does not affect the remainder
440	440	16 of this Act or to other persons not similarly situated or to
441	441	17 other, dissimilar circumstances.
442	442	18 Section 99. Effective date. This Act takes effect 90 days
443	443	19 after becoming law.
444	444
445	445
446	446
447	447
448	448
449	449	HB2590 - 12 - LRB103 30221 LNS 56649 b