Bill Text: IL HB2175 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Parental Notice of Abortion Act of 2023, with provisions similar to those of the Parental Notice of Abortion Act of 1995. Repeals the Youth Health and Safety Act. Effective immediately.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2023-03-16 - Added Co-Sponsor Rep. Chris Miller [HB2175 Detail]

Download: Illinois-2023-HB2175-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2175 Introduced , by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED:
New Act
20 ILCS 4111/Act rep.
Creates the Parental Notice of Abortion Act of 2023, with provisions similar to those of the Parental Notice of Abortion Act of 1995. Repeals the Youth Health and Safety Act. Effective immediately.
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A BILL FOR
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AN ACT concerning parental notice of abortion.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Parental Notice of Abortion Act of 2023.
Section 5. Legislative findings and purpose. The General
Assembly finds that notification of a family member as defined
in this Act is in the best interest of an unemancipated minor,
and the General Assembly's purpose in enacting this parental
notice law is to further and protect the best interests of an
unemancipated minor.
The medical, emotional, and psychological consequences of
abortion are sometimes serious and long-lasting, and immature
minors often lack the ability to make fully informed choices
that consider both the immediate and long-range consequences.
Parental consultation is usually in the best interest of
the minor and is desirable since the capacity to become
pregnant and the capacity for mature judgment concerning the
wisdom of an abortion are not necessarily related.
Section 10. Definitions. As used in this Act:
"Abortion" means the use of any instrument, medicine,
drug, or any other substance or device to terminate the

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pregnancy of a woman known to be pregnant with an intention
other than to increase the probability of a live birth, to
preserve the life or health of a child after live birth, or to
remove a dead fetus.
"Actual notice" means the giving of notice directly, in
person, or by telephone.
"Adult family member" means a person over 21 years of age
who is the parent, grandparent, step-parent living in the
household, or legal guardian.
"Constructive notice" means notice by certified mail to
the last known address of the person entitled to notice with
delivery deemed to have occurred 48 hours after the certified
notice is mailed.
"Incompetent" means any person who has been adjudged as
mentally ill or as a person with a developmental disability
and who, because of her mental illness or developmental
disability, is not fully able to manage her person and for whom
a guardian of the person has been appointed under paragraph
(1) of subsection (a) of Section 11a-3 of the Probate Act of
1975.
"Medical emergency" means a condition that, on the basis
of the physician's good faith clinical judgment, so
complicates the medical condition of a pregnant woman as to
necessitate the immediate abortion of her pregnancy to avert
her death or for which a delay will create serious risk of
substantial and irreversible impairment of major bodily

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function.
"Minor" means any person under 18 years of age who is not
or has not been married or who has not been emancipated under
the Emancipation of Minors Act.
"Neglect" means the failure of an adult family member to
supply a child with necessary food, clothing, shelter, or
medical care when reasonably able to do so or the failure to
protect a child from conditions or actions that imminently and
seriously endanger the child's physical or mental health when
reasonably able to do so.
"Physical abuse" means any physical injury intentionally
inflicted by an adult family member on a child.
"Physician" means any person licensed to practice medicine
in all its branches under the Illinois Medical Practice Act of
1987.
"Sexual abuse" means any sexual conduct or sexual
penetration as defined in Section 11-0.1 of the Criminal Code
of 2012 that is prohibited by the criminal laws of the State
and committed against a minor by an adult family member as
defined in this Act.
Section 15. Notice to adult family member. No person shall
knowingly perform an abortion upon a minor or upon an
incompetent person unless the physician or his or her agent
has given at least 48 hours actual notice to an adult family
member of the pregnant minor or incompetent person of his or

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her intention to perform the abortion, unless that person or
his or her agent has received a written statement by a
referring physician certifying that the referring physician or
his or her agent has given at least 48 hours notice to an adult
family member of the pregnant minor or incompetent person. If
actual notice is not possible after a reasonable effort, the
physician or his or her agent must give 48 hours constructive
notice.
Section 20. Exceptions. Notice shall not be required under
this Act if:
(1) the minor or incompetent person is accompanied by
a person entitled to notice;
(2) notice is waived in writing by a person who is
entitled to notice;
(3) the attending physician certifies in the patient's
medical record that a medical emergency exists and there
is insufficient time to provide the required notice;
(4) the minor declares in writing that she is a victim
of sexual abuse, neglect, or physical abuse by an adult
family member as defined in this Act. The attending
physician must certify in the patient's medical record
that he or she has received the written declaration of
abuse or neglect. Any notification of public authorities
of abuse that may be required under other laws of this
State need not be made by the person performing the

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abortion until after the minor receives an abortion that
otherwise complies with the requirements of this Act; or
(5) notice is waived under Section 25.
Section 25. Procedure for judicial waiver of notice.
(a) The requirements and procedures under this Section are
available to minors and incompetent persons whether or not
they are residents of this State.
(b) The minor or incompetent person may petition any
circuit court for a waiver of the notice requirement and may
participate in proceedings on her own behalf. The court shall
appoint a guardian ad litem for her. Any guardian ad litem
appointed under this Act shall act to maintain the
confidentiality of the proceedings. The circuit court shall
advise her that she has a right to court-appointed counsel and
shall provide her with counsel upon her request.
(c) Court proceedings under this Section shall be
confidential and shall ensure the anonymity of the minor or
incompetent person. All court proceedings under this Section
shall be sealed. The minor or incompetent person shall have
the right to file her petition in the circuit court using a
pseudonym or using solely her initials. All documents related
to this petition shall be confidential and shall not be made
available to the public.
These proceedings shall be given precedence over other
pending matters to the extent necessary to ensure that the

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court reaches a decision promptly. The court shall rule and
issue written findings of fact and conclusions of law within
48 hours of the time that the petition is filed, except that
the 48-hour limitation may be extended at the request of the
minor or incompetent person. If the court fails to rule within
the 48-hour period and an extension is not requested, then the
petition shall be deemed to have been granted, and the notice
requirement shall be waived.
(d) Notice shall be waived if the court finds by a
preponderance of the evidence either:
(1) that the minor or incompetent person is
sufficiently mature and well enough informed to decide
intelligently whether to have an abortion; or
(2) that notification under Section 15 would not be in
the best interests of the minor or incompetent person.
(e) A court that conducts proceedings under this Section
shall issue written and specific factual findings and legal
conclusions supporting its decision and shall order that a
confidential record of the evidence and the judge's findings
and conditions be maintained.
(f) An expedited confidential appeal shall be available,
as the Supreme Court provides by rule, to any minor or
incompetent person to whom the circuit court denies a waiver
of notice. An order authorizing an abortion without notice
shall not be subject to appeal.
(g) The Supreme Court is respectfully requested to adopt

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any rules necessary to ensure that proceedings under this Act
are handled in an expeditious and confidential manner.
(h) No fees shall be required of any minor or incompetent
person who avails herself of the procedures provided by this
Section.
Section 30. Minor's consent to abortion. A person may not
perform an abortion on a minor without the minor's consent,
except in a medical emergency.
Section 35. Reports. The Department of Public Health shall
comply with the reporting requirements set forth in the
consent decree in Herbst v. O'Malley, case no. 84-C-5602 in
the U.S. District Court for the Northern District of Illinois,
Eastern Division.
Section 40. Penalties.
(a) Any physician who willfully fails to provide notice as
required under this Act before performing an abortion on a
minor or an incompetent person shall be referred to the
Illinois State Medical Board for action in accordance with
Section 22 of the Medical Practice Act of 1987.
(b) Any person, not authorized under this Act, who signs
any waiver of notice for a minor or incompetent person seeking
an abortion, is guilty of a Class C misdemeanor.

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Section 45. Immunity. Any physician who, in good faith,
provides notice in accordance with Section 15 or relies on an
exception under Section 20 shall not be subject to any type of
civil or criminal liability or discipline for unprofessional
conduct for failure to give required notice.
Section 50. Severability and inseverability. If any
provision of this Act or its application to any person or
circumstance is held invalid, the invalidity of that provision
or application does not affect other provisions or
applications of the Act that can be given effect without the
invalid provision or application, except that Section 25 is
inseverable to the extent that if all or any substantial and
material part of Section 25 is held invalid, then the entire
Act is invalid.
(20 ILCS 4111/Act rep.)
Section 90. The Youth Health and Safety Act is repealed.
Section 99. Effective date. This Act takes effect upon
becoming law.