104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1139 Introduced , by Rep. Travis Weaver SYNOPSIS AS INTRODUCED: New Act Creates the Parental Notice of Abortion Act of 2025, with provisions similar to those of the Parental Notice of Abortion Act of 1995. Effective immediately. LRB104 06101 KTG 16134 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1139 Introduced , by Rep. Travis Weaver SYNOPSIS AS INTRODUCED: New Act New Act Creates the Parental Notice of Abortion Act of 2025, with provisions similar to those of the Parental Notice of Abortion Act of 1995. Effective immediately. LRB104 06101 KTG 16134 b LRB104 06101 KTG 16134 b A BILL FOR
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1139 Introduced , by Rep. Travis Weaver SYNOPSIS AS INTRODUCED:
New Act New Act
New Act
Creates the Parental Notice of Abortion Act of 2025, with provisions similar to those of the Parental Notice of Abortion Act of 1995. Effective immediately.
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A BILL FOR
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1 AN ACT concerning parental notice of abortion.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Parental Notice of Abortion Act of 2025.
6 Section 5. Legislative findings and purpose. The General
7 Assembly finds that notification of an adult family member is
8 in the best interests of an unemancipated minor, and the
9 General Assembly's purpose in enacting this parental notice
10 law is to further and protect the best interests of an
11 unemancipated minor.
12 The medical, emotional, and psychological consequences of
13 abortion are sometimes serious and long-lasting, and immature
14 minors often lack the ability to make fully informed choices
15 that consider both the immediate and long-range consequences.
16 Parental consultation is usually in the best interests of
17 the minor and is desirable since the capacity to become
18 pregnant and the capacity for mature judgment concerning the
19 wisdom of an abortion are not necessarily related.
20 Section 10. Definitions. As used in this Act:
21 "Abortion" means the use of any instrument, medicine,
22 drug, or any other substance or device to terminate the
104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1139 Introduced , by Rep. Travis Weaver SYNOPSIS AS INTRODUCED:
New Act New Act
New Act
Creates the Parental Notice of Abortion Act of 2025, with provisions similar to those of the Parental Notice of Abortion Act of 1995. Effective immediately.
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A BILL FOR
New Act
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1 pregnancy of a woman known to be pregnant with an intention
2 other than to increase the probability of a live birth, to
3 preserve the life or health of a child after live birth, or to
4 remove a dead fetus.
5 "Actual notice" means the giving of notice directly, in
6 person, or by telephone.
7 "Adult family member" means a person over 21 years of age
8 who is the parent, grandparent, stepparent living in the
9 household, or legal guardian.
10 "Constructive notice" means notice by certified mail to
11 the last known address of the person entitled to notice with
12 delivery deemed to have occurred 48 hours after the certified
13 notice is mailed.
14 "Incompetent" means any person who has been adjudged as
15 mentally ill or as a person with a developmental disability
16 and who, because of her mental illness or developmental
17 disability, is not fully able to manage her person and for whom
18 a guardian of the person has been appointed under paragraph
19 (1) of subsection (a) of Section 11a-3 of the Probate Act of
20 1975.
21 "Medical emergency" means a condition that, on the basis
22 of the physician's good faith clinical judgment, so
23 complicates the medical condition of a pregnant woman as to
24 necessitate the immediate abortion of her pregnancy to avert
25 her death or for which a delay will create serious risk of
26 substantial and irreversible impairment of major bodily
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1 function.
2 "Minor" means any person under 18 years of age who is not
3 or has not been married or who has not been emancipated under
4 the Emancipation of Minors Act.
5 "Neglect" means the failure of an adult family member to
6 supply a child with necessary food, clothing, shelter, or
7 medical care when reasonably able to do so or the failure to
8 protect a child from conditions or actions that imminently and
9 seriously endanger the child's physical or mental health when
10 reasonably able to do so.
11 "Physical abuse" means any physical injury intentionally
12 inflicted by an adult family member on a child.
13 "Physician" means any person licensed to practice medicine
14 in all its branches under the Medical Practice Act of 1987.
15 "Sexual abuse" means any sexual conduct or sexual
16 penetration as defined in Section 11-0.1 of the Criminal Code
17 of 2012 that is prohibited by the criminal laws of this State
18 and committed against a minor by an adult family member as
19 defined in this Act.
20 Section 15. Notice to adult family member. No person shall
21 knowingly perform an abortion upon a minor or upon an
22 incompetent person unless the physician or his or her agent
23 has given at least 48 hours actual notice to an adult family
24 member of the pregnant minor or incompetent person of his or
25 her intention to perform the abortion, unless that person or
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1 his or her agent has received a written statement by a
2 referring physician certifying that the referring physician or
3 his or her agent has given at least 48 hours notice to an adult
4 family member of the pregnant minor or incompetent person. If
5 actual notice is not possible after a reasonable effort, the
6 physician or his or her agent must give 48 hours constructive
7 notice.
8 Section 20. Exceptions. Notice shall not be required under
9 this Act if:
10 (1) the minor or incompetent person is accompanied by
11 a person entitled to notice;
12 (2) notice is waived in writing by a person who is
13 entitled to notice;
14 (3) the attending physician certifies in the patient's
15 medical record that a medical emergency exists and there
16 is insufficient time to provide the required notice;
17 (4) the minor declares in writing that she is a victim
18 of sexual abuse, neglect, or physical abuse by an adult
19 family member. The attending physician must certify in the
20 patient's medical record that he or she has received the
21 written declaration of abuse or neglect. Any notification
22 of public authorities of abuse that may be required under
23 other laws of this State need not be made by the person
24 performing the abortion until after the minor receives an
25 abortion that otherwise complies with the requirements of
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1 this Act; or
2 (5) notice is waived under Section 25.
3 Section 25. Procedure for judicial waiver of notice.
4 (a) The requirements and procedures under this Section are
5 available to minors and incompetent persons whether or not
6 they are residents of this State.
7 (b) The minor or incompetent person may petition any
8 circuit court for a waiver of the notice requirement and may
9 participate in proceedings on her own behalf. The court shall
10 appoint a guardian ad litem for her. Any guardian ad litem
11 appointed under this Act shall act to maintain the
12 confidentiality of the proceedings. The circuit court shall
13 advise her that she has a right to court-appointed counsel and
14 shall provide her with counsel upon her request.
15 (c) Court proceedings under this Section shall be
16 confidential and shall ensure the anonymity of the minor or
17 incompetent person. All court proceedings under this Section
18 shall be sealed. The minor or incompetent person shall have
19 the right to file her petition in the circuit court using a
20 pseudonym or using solely her initials. All documents related
21 to this petition shall be confidential and shall not be made
22 available to the public.
23 These proceedings shall be given precedence over other
24 pending matters to the extent necessary to ensure that the
25 court reaches a decision promptly. The court shall rule and
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1 issue written findings of fact and conclusions of law within
2 48 hours of the time that the petition is filed, except that
3 the 48-hour limitation may be extended at the request of the
4 minor or incompetent person. If the court fails to rule within
5 the 48-hour period and an extension is not requested, then the
6 petition shall be deemed to have been granted, and the notice
7 requirement shall be waived.
8 (d) Notice shall be waived if the court finds by a
9 preponderance of the evidence either:
10 (1) that the minor or incompetent person is
11 sufficiently mature and well enough informed to decide
12 intelligently whether to have an abortion, or
13 (2) that notification under Section 15 would not be in
14 the best interests of the minor or incompetent person.
15 (e) A court that conducts proceedings under this Section
16 shall issue written and specific factual findings and legal
17 conclusions supporting its decision and shall order that a
18 confidential record of the evidence and the judge's findings
19 and conditions be maintained.
20 (f) An expedited confidential appeal shall be available,
21 as the Supreme Court provides by rule, to any minor or
22 incompetent person to whom the circuit court denies a waiver
23 of notice. An order authorizing an abortion without notice
24 shall not be subject to appeal.
25 (g) The Supreme Court is respectfully requested to adopt
26 any rules and regulations necessary to ensure that proceedings
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1 under this Act are handled in an expeditious and confidential
2 manner.
3 (h) No fees shall be required of any minor or incompetent
4 person who avails herself of the procedures provided by this
5 Section.
6 Section 30. Minor's consent to abortion. A person may not
7 perform an abortion on a minor without the minor's consent,
8 except in a medical emergency.
9 Section 35. Reports. The Department of Public Health shall
10 comply with the reporting requirements set forth in the
11 consent decree in Herbst v. O'Malley, case no. 84-C-5602 in
12 the U.S. District Court for the Northern District of Illinois,
13 Eastern Division.
14 Section 40. Penalties.
15 (a) Any physician who willfully fails to provide notice as
16 required under this Act before performing an abortion on a
17 minor or an incompetent person shall be referred to the
18 Illinois State Medical Disciplinary Board for action in
19 accordance with Section 22 of the Medical Practice Act of
20 1987.
21 (b) Any person, not authorized under this Act, who signs
22 any waiver of notice for a minor or incompetent person seeking
23 an abortion, is guilty of a Class C misdemeanor.
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1 Section 45. Immunity. Any physician who, in good faith,
2 provides notice in accordance with Section 15 or relies on an
3 exception under Section 20 shall not be subject to any type of
4 civil or criminal liability or discipline for unprofessional
5 conduct for failure to give required notice.
6 Section 50. Severability and inseverability. If any
7 provision of this Act or its application to any person or
8 circumstance is held invalid, the invalidity of that provision
9 or application does not affect other provisions or
10 applications of the Act that can be given effect without the
11 invalid provision or application, except that Section 25 is
12 inseverable to the extent that if all or any substantial and
13 material part of Section 25 is held invalid, then the entire
14 Act is invalid.
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