Illinois 2025-2026 Regular Session

Illinois House Bill HJRCA0003 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0003 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED: ILCON Art. XIII, Sec. 9 new Proposes to amend the General Provisions Article of the Illinois Constitution. Provides that no person shall knowingly perform an abortion upon a minor or any person under legal disability, as defined, unless the person or his or her agent has: (1) given at least 48 hours' actual notice of his or her intention to perform the abortion to an adult family member or legal guardian of the pregnant person; or (2) received a written statement by a referring physician certifying that the referring physician, or his or her agent, has given at least 48 hours' actual notice to an adult family member or legal guardian of the pregnant person. Sets forth circumstances under which notice is not required. Effective upon being declared adopted. LRB104 03629 KTG 13653 e 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0003 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED: ILCON Art. XIII, Sec. 9 new ILCON Art. XIII, Sec. 9 new Proposes to amend the General Provisions Article of the Illinois Constitution. Provides that no person shall knowingly perform an abortion upon a minor or any person under legal disability, as defined, unless the person or his or her agent has: (1) given at least 48 hours' actual notice of his or her intention to perform the abortion to an adult family member or legal guardian of the pregnant person; or (2) received a written statement by a referring physician certifying that the referring physician, or his or her agent, has given at least 48 hours' actual notice to an adult family member or legal guardian of the pregnant person. Sets forth circumstances under which notice is not required. Effective upon being declared adopted. LRB104 03629 KTG 13653 e LRB104 03629 KTG 13653 e
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0003 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED:
3	3	ILCON Art. XIII, Sec. 9 new ILCON Art. XIII, Sec. 9 new
4	4	ILCON Art. XIII, Sec. 9 new
5	5	Proposes to amend the General Provisions Article of the Illinois Constitution. Provides that no person shall knowingly perform an abortion upon a minor or any person under legal disability, as defined, unless the person or his or her agent has: (1) given at least 48 hours' actual notice of his or her intention to perform the abortion to an adult family member or legal guardian of the pregnant person; or (2) received a written statement by a referring physician certifying that the referring physician, or his or her agent, has given at least 48 hours' actual notice to an adult family member or legal guardian of the pregnant person. Sets forth circumstances under which notice is not required. Effective upon being declared adopted.
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10	10	1 HOUSE JOINT RESOLUTION
11	11	2 CONSTITUTIONAL AMENDMENT
12	12	3 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
13	13	4 HUNDRED FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
14	14	5 SENATE CONCURRING HEREIN, that there shall be submitted to the
15	15	6 electors of the State for adoption or rejection at the general
16	16	7 election next occurring at least 6 months after the adoption
17	17	8 of this resolution a proposition to amend the Illinois
18	18	9 Constitution in Article XIII by adding Section 9 as follows:
19	19	10 ARTICLE XIII
20	20	11 GENERAL PROVISIONS
21	21	12 (ILCON Art. XIII, Sec. 9 new)
22	22	13 SECTION 9. PARENTAL NOTIFICATION
23	23	14 (a) As used in this Section:
24	24	15 "Abortion" means the use of any instrument, medicine,
25	25	16 drug, or any other substance or device to terminate the
26	26	17 pregnancy of a woman known to be pregnant with an intention
27	27	18 other than to increase the probability of a live birth, to
28	28	19 preserve the life or health of a child after live birth, or to
29	29	20 remove a dead fetus.
30	30	21 "Actual notice" means the giving of notice directly, in
31	31	22 person, or by telephone.
32	32	23 "Adult family member" means a person over 21 years of age
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36	36	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0003 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED:
37	37	ILCON Art. XIII, Sec. 9 new ILCON Art. XIII, Sec. 9 new
38	38	ILCON Art. XIII, Sec. 9 new
39	39	Proposes to amend the General Provisions Article of the Illinois Constitution. Provides that no person shall knowingly perform an abortion upon a minor or any person under legal disability, as defined, unless the person or his or her agent has: (1) given at least 48 hours' actual notice of his or her intention to perform the abortion to an adult family member or legal guardian of the pregnant person; or (2) received a written statement by a referring physician certifying that the referring physician, or his or her agent, has given at least 48 hours' actual notice to an adult family member or legal guardian of the pregnant person. Sets forth circumstances under which notice is not required. Effective upon being declared adopted.
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48	48	ILCON Art. XIII, Sec. 9 new
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61	61	1 who is the parent, grandparent, step-parent living in the
62	62	2 household, or legal guardian.
63	63	3 "Constructive notice" means notice by certified mail to
64	64	4 the last known address of the person entitled to notice with
65	65	5 delivery deemed to have occurred 48 hours after the certified
66	66	6 notice is mailed.
67	67	7 "Medical emergency" means a condition that, on the basis
68	68	8 of the physician's good faith clinical judgment, so
69	69	9 complicates the medical condition of a pregnant woman as to
70	70	10 necessitate the immediate abortion of her pregnancy to avert
71	71	11 her death or for which a delay will create serious risk of
72	72	12 substantial and irreversible impairment of major bodily
73	73	13 function.
74	74	14 "Minor" means any person under 18 years of age who is not
75	75	15 or has not been married or who has not been emancipated as
76	76	16 prescribed by law.
77	77	17 "Neglect" means the failure of an adult family member to
78	78	18 supply a minor with necessary food, clothing, shelter, or
79	79	19 medical care when reasonably able to do so or the failure to
80	80	20 protect a minor from conditions or actions that imminently and
81	81	21 seriously endanger the minor's physical or mental health when
82	82	22 reasonably able to do so.
83	83	23 "Physical abuse" means any physical injury intentionally
84	84	24 inflicted by an adult family member on a minor.
85	85	25 "Physician" means any person licensed in this State to
86	86	26 practice medicine in all its branches.
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97	97	1 "Person under legal disability" means a person 18 years of
98	98	2 age or older who has been adjudged by a court to be a person
99	99	3 with a mental illness or a person with a developmental
100	100	4 disability and who because of his or her mental illness or
101	101	5 developmental disability is not fully able to manage his or
102	102	6 her person or estate, and for whom a guardian of the person has
103	103	7 been appointed as prescribed by law.
104	104	8 "Sexual abuse" means any sexual conduct or sexual
105	105	9 penetration that is prohibited by the criminal laws of this
106	106	10 State and committed against a minor by an adult family member.
107	107	11 (b) No person shall knowingly perform an abortion upon a
108	108	12 minor or any person under legal disability, unless the person
109	109	13 or his or her agent has:
110	110	14 (1) given at least 48 hours' actual notice to an adult
111	111	15 family member or legal guardian of the pregnant minor or
112	112	16 person under legal disability of his or her intention to
113	113	17 perform the abortion; or
114	114	18 (2) received a written statement by a referring
115	115	19 physician certifying that the referring physician, or his
116	116	20 or her agent, has given at least 48 hours' actual notice to
117	117	21 an adult family member or legal guardian of the pregnant
118	118	22 minor or person under legal disability. If actual notice
119	119	23 is not possible after a reasonable effort, the physician
120	120	24 or his or her agent must give 48 hours constructive
121	121	25 notice.
122	122	26 (c) Notice shall not be required if:
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133	133	1 (1) the minor or person under legal disability is
134	134	2 accompanied by an adult family member or legal guardian
135	135	3 who is entitled to notice;
136	136	4 (2) notice is waived in writing by an adult family
137	137	5 member or legal guardian who is entitled to notice;
138	138	6 (3) the attending physician certifies in the patient's
139	139	7 medical record that a medical emergency exists and there
140	140	8 is insufficient time to provide the required notice; or
141	141	9 (4) the minor declares in writing that he or she is a
142	142	10 victim of sexual abuse, neglect, or physical abuse by an
143	143	11 adult family member who is entitled to notice. The person
144	144	12 intending to perform the abortion must certify in the
145	145	13 patient's medical record that he or she has received the
146	146	14 written declaration of abuse or neglect. Any notification
147	147	15 to public authorities of the alleged abuse that may be
148	148	16 required under the laws of this State need not be made by
149	149	17 the person performing the abortion until after the minor
150	150	18 receives an abortion.
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