Bill Text: IL HB1620 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Illinois Abortion Law of 1975. Provides that subsequent to the abortion, if a child is born alive, the physician required to be in attendance shall exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as would be required of a physician providing immediate medical care to a child born alive at the same gestational age (rather than in the course of a pregnancy termination which was not an abortion).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB1620 Detail]
Download: Illinois-2019-HB1620-Introduced.html
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning criminal law.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The Illinois Abortion Law of 1975 is amended by | |||||||||||||||||||
5 | changing Section 6 as follows:
| |||||||||||||||||||
6 | (720 ILCS 510/6) (from Ch. 38, par. 81-26)
| |||||||||||||||||||
7 | Sec. 6.
(1) (a) Any physician who intentionally performs an | |||||||||||||||||||
8 | abortion
when, in his medical judgment based on the particular | |||||||||||||||||||
9 | facts of the case before him,
there is a reasonable likelihood | |||||||||||||||||||
10 | of sustained survival of the fetus outside
the womb, with or | |||||||||||||||||||
11 | without artificial support, shall utilize that method of
| |||||||||||||||||||
12 | abortion which, of those he knows to be available, is in his | |||||||||||||||||||
13 | medical
judgment most likely to preserve the life and health of | |||||||||||||||||||
14 | the fetus.
| |||||||||||||||||||
15 | (b) The physician shall certify in writing, on a form | |||||||||||||||||||
16 | prescribed by the
Department under Section 10 of this Act, the | |||||||||||||||||||
17 | available methods considered
and the reasons for choosing the | |||||||||||||||||||
18 | method employed.
| |||||||||||||||||||
19 | (c) Any physician who intentionally, knowingly, or | |||||||||||||||||||
20 | recklessly violates
the provisions of Section 6(1)(a) commits a | |||||||||||||||||||
21 | Class 3 felony.
| |||||||||||||||||||
22 | (2) (a) No abortion shall be performed or induced when the | |||||||||||||||||||
23 | fetus is
viable unless there is in attendance a physician other |
| |||||||
| |||||||
1 | than the physician
performing or inducing the abortion who | ||||||
2 | shall take control of and provide
immediate medical care for | ||||||
3 | any child born alive as a result of the
abortion. This | ||||||
4 | requirement shall not apply when, in the medical judgment
of | ||||||
5 | the physician performing or inducing the abortion based on the
| ||||||
6 | particular facts of the case before him, there exists a medical | ||||||
7 | emergency;
in such a case, the physician shall describe the | ||||||
8 | basis of this judgment on
the form prescribed by Section 10 of | ||||||
9 | this Act. Any physician who
intentionally performs or induces | ||||||
10 | such an abortion and who intentionally,
knowingly, or | ||||||
11 | recklessly fails to arrange for the attendance of such a
second | ||||||
12 | physician in violation of Section 6(2)(a) commits a Class 3 | ||||||
13 | felony.
| ||||||
14 | (b) Subsequent to the abortion, if a child is born alive, | ||||||
15 | the physician
required by Section 6(2)(a) to be in attendance | ||||||
16 | shall exercise the same
degree of professional skill, care , and | ||||||
17 | diligence to preserve the life and
health of the child as would | ||||||
18 | be required of a physician providing immediate
medical care to | ||||||
19 | a child born alive at the same gestational age in the course of | ||||||
20 | a pregnancy termination
which was not an abortion . Any such | ||||||
21 | physician who intentionally,
knowingly, or recklessly violates | ||||||
22 | Section 6(2)(b) commits a Class 3 felony.
| ||||||
23 | (3) The law of this State shall not be construed to imply | ||||||
24 | that any
living individual organism of the species homo sapiens | ||||||
25 | who has been born
alive is not an individual under
the | ||||||
26 | "Criminal Code of 1961,"
approved July 28, 1961, as amended.
|
| |||||||
| |||||||
1 | (4) (a) Any physician who intentionally performs an | ||||||
2 | abortion when, in
his medical judgment based on the particular | ||||||
3 | facts of the case before him,
there is a reasonable possibility | ||||||
4 | of sustained survival of the fetus
outside the womb, with or | ||||||
5 | without artificial support, shall utilize that
method of | ||||||
6 | abortion which, of those he knows to be available, is in his
| ||||||
7 | medical judgment most likely to preserve the life and health of | ||||||
8 | the fetus.
| ||||||
9 | (b) The physician shall certify in writing, on a form | ||||||
10 | prescribed by the
Department under Section 10 of this Act, the | ||||||
11 | available methods considered
and the reasons for choosing the | ||||||
12 | method employed.
| ||||||
13 | (c) Any physician who intentionally, knowingly, or | ||||||
14 | recklessly violates
the provisions of Section 6(4)(a) commits a | ||||||
15 | Class 3 felony.
| ||||||
16 | (5) Nothing in Section 6 requires a physician to employ
a | ||||||
17 | method of abortion which, in the medical judgment of the | ||||||
18 | physician
performing the abortion based on the particular facts | ||||||
19 | of the
case before him, would increase medical risk to the | ||||||
20 | mother.
| ||||||
21 | (6) When the fetus is viable and when there exists | ||||||
22 | reasonable
medical certainty (a) that the particular
method of | ||||||
23 | abortion to be employed will cause organic pain to the fetus, | ||||||
24 | and
(b) that use of an
anesthetic or analgesic would abolish or | ||||||
25 | alleviate organic
pain to the fetus caused by the particular | ||||||
26 | method of abortion to be employed,
then the physician who is to |
| |||||||
| |||||||
1 | perform the abortion or his agent or the
referring physician or | ||||||
2 | his agent shall inform the woman upon
whom the abortion is to | ||||||
3 | be performed that such an
anesthetic or analgesic is available, | ||||||
4 | if he knows it to be available,
for use to abolish or alleviate | ||||||
5 | organic
pain caused to the fetus by the particular method of | ||||||
6 | abortion to be employed.
Any person who performs an abortion | ||||||
7 | with knowledge that any such reasonable
medical certainty | ||||||
8 | exists and that such an anesthetic or analgesic is
available, | ||||||
9 | and intentionally
fails to so inform
the woman or to ascertain | ||||||
10 | that the woman has been so informed commits a
Class B | ||||||
11 | misdemeanor. The foregoing requirements of subsection (6) of | ||||||
12 | Section 6 shall
not apply (a) when in the medical judgment of | ||||||
13 | the physician who is to perform
the abortion or the referring | ||||||
14 | physician based upon the particular facts
of the case before | ||||||
15 | him: (i) there
exists a medical emergency, or (ii) the | ||||||
16 | administration of such an anesthetic or
analgesic would | ||||||
17 | decrease a possibility of sustained survival of
the fetus apart | ||||||
18 | from the body of the mother, with
or without artificial
| ||||||
19 | support, or (b) when the physician
who is to perform the | ||||||
20 | abortion administers an anesthetic or an analgesic
to the woman | ||||||
21 | or the fetus and he knows there exists reasonable medical
| ||||||
22 | certainty that such use will abolish organic pain caused to the | ||||||
23 | fetus during
the course of the abortion.
| ||||||
24 | (7) No person shall sell or experiment upon a fetus | ||||||
25 | produced by the
fertilization of a human ovum by a human sperm | ||||||
26 | unless such experimentation
is therapeutic to the fetus thereby
|
| |||||||
| |||||||
1 | produced. Intentional violation of this section is a Class A | ||||||
2 | misdemeanor.
Nothing in this subsection (7) is intended to | ||||||
3 | prohibit the performance of
in vitro fertilization.
| ||||||
4 | (8) No person shall intentionally perform an abortion with | ||||||
5 | knowledge
that the pregnant woman is seeking the abortion | ||||||
6 | solely on account of the
sex of the fetus. Nothing in Section | ||||||
7 | 6(8) shall be construed to proscribe
the performance of an | ||||||
8 | abortion on account of the sex of the fetus because
of a | ||||||
9 | genetic disorder linked to that sex. If the application of | ||||||
10 | Section
6(8) to the period of pregnancy prior to viability is | ||||||
11 | held invalid, then
such invalidity shall not affect its | ||||||
12 | application to the period of pregnancy
subsequent to viability.
| ||||||
13 | (Source: P.A. 84-1001.)
|