Illinois 2025-2026 Regular Session

Illinois House Bill HB1139 Compare Versions

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

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1	1	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
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1139 Introduced , by Rep. Travis Weaver SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	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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8	8	A BILL FOR
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11	11	1 AN ACT concerning parental notice of abortion.
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 Parental Notice of Abortion Act of 2025.
16	16	6 Section 5. Legislative findings and purpose. The General
17	17	7 Assembly finds that notification of an adult family member is
18	18	8 in the best interests of an unemancipated minor, and the
19	19	9 General Assembly's purpose in enacting this parental notice
20	20	10 law is to further and protect the best interests of an
21	21	11 unemancipated minor.
22	22	12 The medical, emotional, and psychological consequences of
23	23	13 abortion are sometimes serious and long-lasting, and immature
24	24	14 minors often lack the ability to make fully informed choices
25	25	15 that consider both the immediate and long-range consequences.
26	26	16 Parental consultation is usually in the best interests of
27	27	17 the minor and is desirable since the capacity to become
28	28	18 pregnant and the capacity for mature judgment concerning the
29	29	19 wisdom of an abortion are not necessarily related.
30	30	20 Section 10. Definitions. As used in this Act:
31	31	21 "Abortion" means the use of any instrument, medicine,
32	32	22 drug, or any other substance or device to terminate the
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36	36	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1139 Introduced , by Rep. Travis Weaver SYNOPSIS AS INTRODUCED:
37	37	New Act New Act
38	38	New Act
39	39	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.
40	40	LRB104 06101 KTG 16134 b LRB104 06101 KTG 16134 b
41	41	LRB104 06101 KTG 16134 b
42	42	A BILL FOR
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67	67	1 pregnancy of a woman known to be pregnant with an intention
68	68	2 other than to increase the probability of a live birth, to
69	69	3 preserve the life or health of a child after live birth, or to
70	70	4 remove a dead fetus.
71	71	5 "Actual notice" means the giving of notice directly, in
72	72	6 person, or by telephone.
73	73	7 "Adult family member" means a person over 21 years of age
74	74	8 who is the parent, grandparent, stepparent living in the
75	75	9 household, or legal guardian.
76	76	10 "Constructive notice" means notice by certified mail to
77	77	11 the last known address of the person entitled to notice with
78	78	12 delivery deemed to have occurred 48 hours after the certified
79	79	13 notice is mailed.
80	80	14 "Incompetent" means any person who has been adjudged as
81	81	15 mentally ill or as a person with a developmental disability
82	82	16 and who, because of her mental illness or developmental
83	83	17 disability, is not fully able to manage her person and for whom
84	84	18 a guardian of the person has been appointed under paragraph
85	85	19 (1) of subsection (a) of Section 11a-3 of the Probate Act of
86	86	20 1975.
87	87	21 "Medical emergency" means a condition that, on the basis
88	88	22 of the physician's good faith clinical judgment, so
89	89	23 complicates the medical condition of a pregnant woman as to
90	90	24 necessitate the immediate abortion of her pregnancy to avert
91	91	25 her death or for which a delay will create serious risk of
92	92	26 substantial and irreversible impairment of major bodily
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103	103	1 function.
104	104	2 "Minor" means any person under 18 years of age who is not
105	105	3 or has not been married or who has not been emancipated under
106	106	4 the Emancipation of Minors Act.
107	107	5 "Neglect" means the failure of an adult family member to
108	108	6 supply a child with necessary food, clothing, shelter, or
109	109	7 medical care when reasonably able to do so or the failure to
110	110	8 protect a child from conditions or actions that imminently and
111	111	9 seriously endanger the child's physical or mental health when
112	112	10 reasonably able to do so.
113	113	11 "Physical abuse" means any physical injury intentionally
114	114	12 inflicted by an adult family member on a child.
115	115	13 "Physician" means any person licensed to practice medicine
116	116	14 in all its branches under the Medical Practice Act of 1987.
117	117	15 "Sexual abuse" means any sexual conduct or sexual
118	118	16 penetration as defined in Section 11-0.1 of the Criminal Code
119	119	17 of 2012 that is prohibited by the criminal laws of this State
120	120	18 and committed against a minor by an adult family member as
121	121	19 defined in this Act.
122	122	20 Section 15. Notice to adult family member. No person shall
123	123	21 knowingly perform an abortion upon a minor or upon an
124	124	22 incompetent person unless the physician or his or her agent
125	125	23 has given at least 48 hours actual notice to an adult family
126	126	24 member of the pregnant minor or incompetent person of his or
127	127	25 her intention to perform the abortion, unless that person or
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138	138	1 his or her agent has received a written statement by a
139	139	2 referring physician certifying that the referring physician or
140	140	3 his or her agent has given at least 48 hours notice to an adult
141	141	4 family member of the pregnant minor or incompetent person. If
142	142	5 actual notice is not possible after a reasonable effort, the
143	143	6 physician or his or her agent must give 48 hours constructive
144	144	7 notice.
145	145	8 Section 20. Exceptions. Notice shall not be required under
146	146	9 this Act if:
147	147	10 (1) the minor or incompetent person is accompanied by
148	148	11 a person entitled to notice;
149	149	12 (2) notice is waived in writing by a person who is
150	150	13 entitled to notice;
151	151	14 (3) the attending physician certifies in the patient's
152	152	15 medical record that a medical emergency exists and there
153	153	16 is insufficient time to provide the required notice;
154	154	17 (4) the minor declares in writing that she is a victim
155	155	18 of sexual abuse, neglect, or physical abuse by an adult
156	156	19 family member. The attending physician must certify in the
157	157	20 patient's medical record that he or she has received the
158	158	21 written declaration of abuse or neglect. Any notification
159	159	22 of public authorities of abuse that may be required under
160	160	23 other laws of this State need not be made by the person
161	161	24 performing the abortion until after the minor receives an
162	162	25 abortion that otherwise complies with the requirements of
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173	173	1 this Act; or
174	174	2 (5) notice is waived under Section 25.
175	175	3 Section 25. Procedure for judicial waiver of notice.
176	176	4 (a) The requirements and procedures under this Section are
177	177	5 available to minors and incompetent persons whether or not
178	178	6 they are residents of this State.
179	179	7 (b) The minor or incompetent person may petition any
180	180	8 circuit court for a waiver of the notice requirement and may
181	181	9 participate in proceedings on her own behalf. The court shall
182	182	10 appoint a guardian ad litem for her. Any guardian ad litem
183	183	11 appointed under this Act shall act to maintain the
184	184	12 confidentiality of the proceedings. The circuit court shall
185	185	13 advise her that she has a right to court-appointed counsel and
186	186	14 shall provide her with counsel upon her request.
187	187	15 (c) Court proceedings under this Section shall be
188	188	16 confidential and shall ensure the anonymity of the minor or
189	189	17 incompetent person. All court proceedings under this Section
190	190	18 shall be sealed. The minor or incompetent person shall have
191	191	19 the right to file her petition in the circuit court using a
192	192	20 pseudonym or using solely her initials. All documents related
193	193	21 to this petition shall be confidential and shall not be made
194	194	22 available to the public.
195	195	23 These proceedings shall be given precedence over other
196	196	24 pending matters to the extent necessary to ensure that the
197	197	25 court reaches a decision promptly. The court shall rule and
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208	208	1 issue written findings of fact and conclusions of law within
209	209	2 48 hours of the time that the petition is filed, except that
210	210	3 the 48-hour limitation may be extended at the request of the
211	211	4 minor or incompetent person. If the court fails to rule within
212	212	5 the 48-hour period and an extension is not requested, then the
213	213	6 petition shall be deemed to have been granted, and the notice
214	214	7 requirement shall be waived.
215	215	8 (d) Notice shall be waived if the court finds by a
216	216	9 preponderance of the evidence either:
217	217	10 (1) that the minor or incompetent person is
218	218	11 sufficiently mature and well enough informed to decide
219	219	12 intelligently whether to have an abortion, or
220	220	13 (2) that notification under Section 15 would not be in
221	221	14 the best interests of the minor or incompetent person.
222	222	15 (e) A court that conducts proceedings under this Section
223	223	16 shall issue written and specific factual findings and legal
224	224	17 conclusions supporting its decision and shall order that a
225	225	18 confidential record of the evidence and the judge's findings
226	226	19 and conditions be maintained.
227	227	20 (f) An expedited confidential appeal shall be available,
228	228	21 as the Supreme Court provides by rule, to any minor or
229	229	22 incompetent person to whom the circuit court denies a waiver
230	230	23 of notice. An order authorizing an abortion without notice
231	231	24 shall not be subject to appeal.
232	232	25 (g) The Supreme Court is respectfully requested to adopt
233	233	26 any rules and regulations necessary to ensure that proceedings
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244	244	1 under this Act are handled in an expeditious and confidential
245	245	2 manner.
246	246	3 (h) No fees shall be required of any minor or incompetent
247	247	4 person who avails herself of the procedures provided by this
248	248	5 Section.
249	249	6 Section 30. Minor's consent to abortion. A person may not
250	250	7 perform an abortion on a minor without the minor's consent,
251	251	8 except in a medical emergency.
252	252	9 Section 35. Reports. The Department of Public Health shall
253	253	10 comply with the reporting requirements set forth in the
254	254	11 consent decree in Herbst v. O'Malley, case no. 84-C-5602 in
255	255	12 the U.S. District Court for the Northern District of Illinois,
256	256	13 Eastern Division.
257	257	14 Section 40. Penalties.
258	258	15 (a) Any physician who willfully fails to provide notice as
259	259	16 required under this Act before performing an abortion on a
260	260	17 minor or an incompetent person shall be referred to the
261	261	18 Illinois State Medical Disciplinary Board for action in
262	262	19 accordance with Section 22 of the Medical Practice Act of
263	263	20 1987.
264	264	21 (b) Any person, not authorized under this Act, who signs
265	265	22 any waiver of notice for a minor or incompetent person seeking
266	266	23 an abortion, is guilty of a Class C misdemeanor.
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277	277	1 Section 45. Immunity. Any physician who, in good faith,
278	278	2 provides notice in accordance with Section 15 or relies on an
279	279	3 exception under Section 20 shall not be subject to any type of
280	280	4 civil or criminal liability or discipline for unprofessional
281	281	5 conduct for failure to give required notice.
282	282	6 Section 50. Severability and inseverability. If any
283	283	7 provision of this Act or its application to any person or
284	284	8 circumstance is held invalid, the invalidity of that provision
285	285	9 or application does not affect other provisions or
286	286	10 applications of the Act that can be given effect without the
287	287	11 invalid provision or application, except that Section 25 is
288	288	12 inseverable to the extent that if all or any substantial and
289	289	13 material part of Section 25 is held invalid, then the entire
290	290	14 Act is invalid.
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