Illinois Senate Bill 4199 (Prior Session Legislation)

---

Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: Introduced on March 29 2022 - 25% progression, died in committee
Action: 2022-04-01 - Added as Co-Sponsor Sen. Diane Pappas
Pending: Senate Assignments Committee
Text: Latest bill text (Introduced) [HTML]

Creates the Illinois Fertility Fraud Act. Allows the following individuals to bring an action against any health care provider, embryologist, or any other person involved in any stage of the treatment who knowingly or intentionally used the health care provider's, embryologist's, or person's own human reproductive material, without the patient's informed written consent to treatment using the health care provider's or person's human reproductive material: a woman who gives birth to a child after receiving assisted reproductive treatment or any other artificial means used to cause pregnancy; the spouse of the woman; the surviving spouse of the woman; or a child born as a result of the treatment. Allows a donor of human reproductive material to bring an action against a health care provider who: treats a patient for infertility by using human reproductive material donated by the donor; and knows or reasonably should have known that the human reproductive material was used without the donor's consent or in a manner or to an extent other than that to which the donor consented. Provides that a plaintiff who prevails in an action under the Act is entitled to reasonable attorney's fees and compensatory and punitive damages or liquidated damages of $50,000. Amends the Criminal Code of 2012. Provides that a person commits a criminal sexual assault if that person is a health care provider who knowingly or intentionally provides assisted reproductive treatment to a patient by using the health care provider's own spermatozoon or ovum, without the patient's informed written consent to treatment using the health care provider's spermatozoon or ovum. Amends the Code of Civil Procedure. Provides that an action for fertility fraud under the Illinois Fertility Fraud Act must be commenced within the later of 20 years after: the procedure was performed; the 18th birthday of the child; the person first discovers evidence sufficient to bring an action against the defendant through DNA analysis; the person first becomes aware of the existence of a record that provides evidence sufficient to bring an action against the defendant; or the defendant confesses to the offense.

FERTILITY FRAUD ACT

Sen. David Koehler [D]	Sen. Christopher Belt [D]	Sen. Jason Barickman [R]	Sen. Adriane Johnson [D]
Sen. Laura Fine [D]	Sen. Chapin Rose [R]	Sen. Diane Pappas [D]

Date	Chamber	Action
2022-04-01	Senate	Added as Co-Sponsor Sen. Diane Pappas
2022-04-01	Senate	Added as Co-Sponsor Sen. Chapin Rose
2022-03-30	Senate	Added as Chief Co-Sponsor Sen. Adriane Johnson
2022-03-29	Senate	Added as Chief Co-Sponsor Sen. Jason A. Barickman
2022-03-29	Senate	Added as Chief Co-Sponsor Sen. Christopher Belt
2022-03-29	Senate	Added as Co-Sponsor Sen. Laura Fine
2022-03-29	Senate	Referred to Assignments
2022-03-29	Senate	First Reading
2022-03-29	Senate	Filed with Secretary by Sen. David Koehler

Chapter	Article	Section	Citation Type	Statute Text
720	5	11-1.20	Amended Code	Citation Text
720	5	12-13	Amended Code	Citation Text
735	5	13-212	Amended Code	Citation Text
735	5	13-215.1	New Code	See Bill Text

Type	Source
Summary	https://www.ilga.gov/legislation/BillStatus.asp?DocNum=4199&GAID=16&DocTypeID=SB&SessionID=110&GA=102
Text	https://www.ilga.gov/legislation/102/SB/10200SB4199.htm