Bill Text: IL HB3158 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Abortion Law of 1975. Provides that except in the case of a medical emergency, no physician or person shall knowingly perform, induce, or attempt to perform an abortion upon a pregnant woman when the probable gestational age of her unborn child has been determined to be at least 20 weeks. Provides that a woman upon whom an abortion in violation of the Act is performed or induced may not be prosecuted under the Act for a conspiracy to violate the 20 week requirement. Provides that the woman, the father of the unborn child if married to the mother at the time she receives an abortion in violation of the Act, or, if the mother has not attained the age of 18 years at the time of the abortion, or both, the maternal grandparents of the unborn child, may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or, if brought by the maternal grandparents, the maternal grandparents consented to the abortion. Provides that a medical facility licensed under the Ambulatory Surgical Treatment Center Act or the Hospital Licensing Act in which an abortion is performed or induced in violation of the Act shall be subject to immediate revocation of its license by the Department of Public Health. Provides that a medical facility licensed under the Ambulatory Surgical Treatment Center Act or the Hospital Licensing Act in which an abortion is performed or induced in violation of the Act shall lose all State funding for 2 years and shall reimburse the State for moneys or grants received from the State by the medical facility for the fiscal year in which the abortion in violation of the Act was performed.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3158 Detail]

Download: Illinois-2019-HB3158-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3158 Introduced , by Rep. Jerry Costello, II SYNOPSIS AS INTRODUCED:
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Amends the Illinois Abortion Law of 1975. Provides that except in the case of a medical emergency, no physician or person shall knowingly perform, induce, or attempt to perform an abortion upon a pregnant woman when the probable gestational age of her unborn child has been determined to be at least 20 weeks. Provides that a woman upon whom an abortion in violation of the Act is performed or induced may not be prosecuted under the Act for a conspiracy to violate the 20 week requirement. Provides that the woman, the father of the unborn child if married to the mother at the time she receives an abortion in violation of the Act, or, if the mother has not attained the age of 18 years at the time of the abortion, or both, the maternal grandparents of the unborn child, may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or, if brought by the maternal grandparents, the maternal grandparents consented to the abortion. Provides that a medical facility licensed under the Ambulatory Surgical Treatment Center Act or the Hospital Licensing Act in which an abortion is performed or induced in violation of the Act shall be subject to immediate revocation of its license by the Department of Public Health. Provides that a medical facility licensed under the Ambulatory Surgical Treatment Center Act or the Hospital Licensing Act in which an abortion is performed or induced in violation of the Act shall lose all State funding for 2 years and shall reimburse the State for moneys or grants received from the State by the medical facility for the fiscal year in which the abortion in violation of the Act was performed.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Abortion Law of 1975 is amended by
changing Sections 2, 5, 10, and 14 and by adding Sections 1.1,
1.2, 11.2, 11.3, 11.4, and 11.5 as follows:
(720 ILCS 510/1.1 new)
Sec. 1.1. Legislative findings and purposes.
(1) The General Assembly of the State of Illinois does
solemnly declare and find that:
(a) Abortion can cause serious physical and
psychological (both short-term and long-term)
complications for women, including but not limited to:
uterine perforation, uterine scarring, cervical
perforation or other injury, infection, bleeding,
hemorrhage, blood clots, failure to actually terminate the
pregnancy, incomplete abortion (retained tissue), pelvic
inflammatory disease, endometritis, missed ectopic
pregnancy, cardiac arrest, respiratory arrest, renal
failure, metabolic disorder, shock, embolism, coma,
placenta previa in subsequent pregnancies, preterm birth
in subsequent pregnancies, free fluid in the abdomen, organ
damage, adverse reactions to anesthesia and other drugs,

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psychological or emotional complications including
depression, anxiety, sleeping disorders, an increased risk
of breast cancer, and death.
(b) Abortion has a higher medical risk when the
procedure is performed later in pregnancy. Compared to an
abortion at 8 weeks gestation or earlier, the relative risk
increases exponentially at higher gestations (L. Bartlett
et al., Risk factors for legal induced abortion-related
mortality in the United States, OBSTETRICS & GYNECOLOGY
103(4):729 (2004)).
(c) In fact, the incidence of major complications is
highest after 20 weeks of gestation (J. Pregler & A.
DeCherney, WOMEN'S HEALTH: PRINCIPLES AND CLINICAL
PRACTICE 232 (2002)).
(d) According to the Alan Guttmacher Institute, the
risk of death associated with abortion increases with the
length of pregnancy, from one death for every one million
abortions at or before eight weeks gestation to one per
29,000 abortions at 16 to 20 weeks gestation and one per
11,000 abortions at 21 or more weeks gestation (citing L.
Bartlett et al., Risk factors for legal induced
abortion-related mortality in the United States,
OBSTETRICS & GYNECOLOGY 103(4):729–737 (2004)).
(e) After the first trimester, the risk of hemorrhage
from an abortion, in particular, is greater, and the
resultant complications may require a hysterectomy, other

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reparative surgery, or a blood transfusion.
(f) The State of Illinois has a legitimate concern for
the public's health and safety (Williamson v. Lee Optical,
348 U.S. 483, 486 (1955)).
(g) The State of Illinois "has legitimate interests
from the outset of pregnancy in protecting the health of
women" (Planned Parenthood of Southeastern Pennsylvania v.
Casey, 505 U.S. 833, 847 (1992)). More specifically, the
State of Illinois "has a legitimate concern with the health
of women who undergo abortions" (Akron v. Akron Ctr. for
Reproductive Health, Inc., 462 U.S. 416, 428-29 (1983)).
(h) In addition, there is substantial and
well-documented medical evidence that an unborn child by at
least 20 weeks gestation has the capacity to feel pain
during an abortion (K. Anand, Pain and its effects in the
human neonate and fetus, N.E.J.M. 317:1321 (1987)).
(i) Pain receptors (nociceptors) are present
throughout the unborn child's entire body no later than 18
weeks gestation.
(j) By 10 weeks gestation, the unborn child reacts to
touch.
(k) In the unborn child, application of such painful
stimuli is associated with significant increases in stress
hormones known as the stress response.
(l) Subjection to such painful stimuli is associated
with long-term harmful neurodevelopmental effects, such as

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altered pain sensitivity and, possibly, emotional,
behavioral, and learning disabilities later in life.
(m) For the purposes of surgery on unborn children,
fetal anesthesia is routinely administered and is
associated with a decrease in stress hormones compared to
their level when painful stimuli are applied without the
anesthesia.
(n) The position, asserted by some medical experts,
that the unborn child is incapable of experiencing pain
until a point later in pregnancy than 20 weeks gestation
predominantly rests on the assumption that the ability to
experience pain depends on the cerebral cortex and requires
nerve connections between the thalamus and the cortex.
However, recent medical research and analysis, especially
since 2007, provides strong evidence for the conclusion
that a functioning cortex is not necessary to experience
pain.
(o) Substantial evidence indicates that children born
missing the bulk of the cerebral cortex, those with
hydranencephaly, nevertheless experience pain.
(p) In adults, stimulation or ablation of the cerebral
cortex does not alter pain perception, while stimulation or
ablation of the thalamus does.
(q) Substantial evidence indicates that structures
used for pain processing in early development differ from
those of adults, using different neural elements available

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at specific times during development, such as the
subcortical plate, to fulfill the role of pain processing.
(r) The position, asserted by some medical experts,
that the unborn child remains in a coma-like sleep state
that precludes the unborn child experiencing pain is
inconsistent with the documented reaction of unborn
children to painful stimuli and with the experience of
fetal surgeons who have found it necessary to sedate the
unborn child with anesthesia to prevent the unborn child
from thrashing about in reaction to invasive surgery.
(2) Based on the findings in subsection (1) of this
Section, the General Assembly's purposes in enacting this
amendatory Act of the 101st General Assembly are to:
(a) Based on the documented risks to women's health,
prohibit abortions at or after 20 weeks gestation, except
in cases of a medical emergency.
(b) Prohibit abortions at or after 20 weeks gestation,
in part, because of the pain felt by an unborn child.
(c) Define "medical emergency" to encompass
"significant health risks", namely only those
circumstances in which a pregnant woman's life or a major
bodily function is threatened (Gonzales v. Carhart, 550
U.S. 124, 161 (2007)).
(720 ILCS 510/1.2 new)
Sec. 1.2. Construction.

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(a) Nothing in this Act shall be construed as creating or
recognizing a right to an abortion.
(b) It is not the intention of this Act to make lawful an
abortion that is currently unlawful.
(720 ILCS 510/2) (from Ch. 38, par. 81-22)
Sec. 2. Unless the language or context clearly indicates a
different meaning is intended, the following words or phrases
for the purpose of this Law shall be given the meaning ascribed
to them:
(1) "Viability" means that stage of fetal development when,
in the medical judgment of the attending physician based on the
particular facts of the case before him, there is a reasonable
likelihood of sustained survival of the fetus outside the womb,
with or without artificial support.
(2) "Physician" means any person licensed to practice
medicine in all its branches under the Illinois Medical
Practice Act of 1987, as amended, including a doctor of
osteopathy.
(3) "Department" means the Department of Public Health,
State of Illinois.
(4) "Abortion" means the use of any instrument, medicine,
drug or any other substance or device to terminate the
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 the child after live birth, or

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to remove a dead fetus.
(5) "Fertilization" and "conception" each mean the
fertilization of a human ovum by a human sperm, which shall be
deemed to have occurred at the time when it is known a
spermatozoon has penetrated the cell membrane of the ovum.
(6) "Fetus" and "unborn child" each mean an individual
organism of the species homo sapiens from fertilization until
live birth.
(7) "Abortifacient" means any instrument, medicine, drug,
or any other substance or device which is known to cause fetal
death when employed in the usual and customary use for which it
is manufactured, whether or not the fetus is known to exist
when such substance or device is employed.
(8) "Born alive", "live born", and "live birth", when
applied to an individual organism of the species homo sapiens,
each mean he or she was completely expelled or extracted from
his or her mother and after such separation breathed or showed
evidence of any of the following: beating of the heart,
pulsation of the umbilical cord, or definite movement of
voluntary muscles, irrespective of the duration of pregnancy
and whether or not the umbilical cord has been cut or the
placenta is attached.
(9) "Attempt to perform" means an act or omission of a
statutorily required act that, under the circumstances as the
actor believes them to be, constitutes a substantial step in a
course of conduct planned to culminate in the performance or

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induction of an abortion.
(10) "Conception" means the fusion of a human spermatozoon
with a human ovum.
(11) "Gestational age" means the time that has elapsed
since the first day of the woman's last menstrual period.
(12) "Major bodily function" includes, but is not limited
to, functions of the immune system, normal cell growth, and
digestive, bowel, bladder, neurological, brain, respiratory,
circulatory, endocrine, and reproductive functions.
(13) "Medical facility" means any public or private
hospital, clinic, center, medical school, medical training
institution, healthcare facility, physician's office,
infirmary, or dispensary.
(14) "Pregnant" or "pregnancy" means that female
reproductive condition of having an unborn child in the woman's
uterus.
(15) "Probable gestational age" means what, in reasonable
medical judgment, will with reasonable probability be the
gestational age of the unborn child at the time the abortion is
considered, performed, or attempted.
(16) "Reasonable medical judgment" means that medical
judgment that would be made by a reasonably prudent physician,
knowledgeable about the case and the treatment possibilities
with respect to the medical condition or conditions involved.
(Source: P.A. 85-1209.)

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(720 ILCS 510/5) (from Ch. 38, par. 81-25)
Sec. 5. (1) When the fetus is viable no abortion shall be
performed unless in the medical judgment of the attending or
referring physician, based on the particular facts of the case
before him, it is necessary to preserve the life or health of
the mother. Intentional, knowing, or reckless failure to
conform to the requirements of subsection (1) of Section 5 is a
Class 2 felony.
(2) When the fetus is viable the physician shall certify in
writing, on a form prescribed by the Department under Section
10 of this Law, the medical indications which, in his medical
judgment based on the particular facts of the case before him,
warrant performance of the abortion to preserve the life or
health of the mother.
(3) Except in the case of a medical emergency as
specifically defined in subsection (5), no abortion shall be
performed, induced, or attempted unless the attending or
referring physician has first made a determination of the
probable gestational age of the unborn child. In making the
determination, the attending or referring physician shall make
the inquiries of the pregnant woman and perform or cause to be
performed all the medical examinations, imaging studies, and
tests as a reasonably prudent physician, knowledgeable about
the medical facts and conditions of both the woman and the
unborn child involved, would consider necessary to perform and
consider in making an accurate diagnosis with respect to

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gestational age.
(4) Except in the case of a medical emergency as
specifically defined in subsection (5), no physician or person
shall knowingly perform, induce, or attempt to perform an
abortion upon a pregnant woman when the probable gestational
age of her unborn child has been determined to be at least 20
weeks. Intentional, knowing, or reckless failure to conform to
the requirements of this subsection (4) is a Class 2 felony.
(5) For the purposes of this Act only, "medical emergency"
means a condition in which an abortion is necessary to preserve
the life of the pregnant woman whose life is endangered by a
physical disorder, physical illness, or physical injury,
including a life-endangering physical condition caused by or
arising from the pregnancy itself, or when continuation of the
pregnancy will create a serious risk of substantial and
irreversible impairment of a major bodily function (as
specifically defined in subsection (12) of Section 2) of the
pregnant woman.
(6) Any physician who performs an abortion under subsection
(5) of this Section shall certify in writing, on a form
prescribed by the Department under Section 10 of this Law, the
reason or reasons for the determination that a medical
emergency existed. The physician and the medical facility shall
retain a copy of the written reports required under this
Section for not less than 5 years.
Failure to report under this Section does not subject the

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physician to criminal or civil penalties under Sections 11 and
11.3 of this Act. Subsection (5) does not preclude sanctions,
disciplinary action, or any other appropriate action by the
Illinois State Medical Disciplinary Board.
(Source: P.A. 83-1128.)
(720 ILCS 510/10) (from Ch. 38, par. 81-30)
Sec. 10. A report of each abortion performed shall be made
to the Department on forms prescribed by it. Such report forms
shall not identify the patient by name, but by an individual
number to be noted in the patient's permanent record in the
possession of the physician, and shall include information
concerning:
(1) Identification of the physician who performed the
abortion and the facility where the abortion was performed
and a patient identification number;
(2) State in which the patient resides;
(3) Patient's date of birth, race and marital status;
(4) Number of prior pregnancies;
(5) Date of last menstrual period;
(6) Type of abortion procedure performed;
(7) Complications and whether the abortion resulted in
a live birth;
(8) The date the abortion was performed;
(9) Medical indications for any abortion performed
when the fetus was viable;

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(10) The information required by Sections 6(1)(b) and
6(4)(b) of this Act, if applicable;
(11) Basis for any medical judgment that a medical
emergency existed when required under Sections 5(6),
6(2)(a) and 6(6) and when required to be reported in
accordance with this Section by any provision of this Law;
and
(12) The pathologist's test results pursuant to
Section 12 of this Act.
Such form shall be completed by the hospital or other
licensed facility, signed by the physician who performed the
abortion or pregnancy termination, and transmitted to the
Department not later than 10 days following the end of the
month in which the abortion was performed.
In the event that a complication of an abortion occurs or
becomes known after submission of such form, a correction using
the same patient identification number shall be submitted to
the Department within 10 days of its becoming known.
The Department may prescribe rules and regulations
regarding the administration of this Law and shall prescribe
regulations to secure the confidentiality of the woman's
identity in the information to be provided under the "Vital
Records Act". All reports received by the Department shall be
treated as confidential and the Department shall secure the
woman's anonymity. Such reports shall be used only for
statistical purposes.

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Upon 30 days public notice, the Department is empowered to
require reporting of any additional information which, in the
sound discretion of the Department, is necessary to develop
statistical data relating to the protection of maternal or
fetal life or health, or is necessary to enforce the provisions
of this Law, or is necessary to develop useful criteria for
medical decisions. The Department shall annually report to the
General Assembly all statistical data gathered under this Law
and its recommendations to further the purpose of this Law.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report as required by
Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 100-1148, eff. 12-10-18.)
(720 ILCS 510/11.2 new)
Sec. 11.2. Prosecutorial exclusion. A woman upon whom an
abortion in violation of this Act is performed or induced may
not be prosecuted under this Act for a conspiracy to violate
subsection (4) of Section 5.
(720 ILCS 510/11.3 new)
Sec. 11.3. Civil remedies.
(1) The woman, the father of the unborn child if married to

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the mother at the time she receives an abortion in violation of
this Act, or, if the mother has not attained the age of 18
years at the time of the abortion, or both, the maternal
grandparents of the unborn child, may in a civil action obtain
appropriate relief, unless the pregnancy resulted from the
plaintiff's criminal conduct or, if brought by the maternal
grandparents, the maternal grandparents consented to the
abortion.
(2) The relief shall include:
(a) money damages for all psychological and physical
injuries occasioned by the violation of this Act; and
(b) statutory damages equal to 3 times the cost of the
abortion performed in violation of this Act.
(720 ILCS 510/11.4 new)
Sec. 11.4. Review by Medical Board.
(1) A physician defendant accused of violating this Act may
seek a hearing before the Illinois State Medical Disciplinary
Board as to whether the physician's conduct was necessary to
save the life of the mother whose life was endangered by a
physical disorder, physical illness, or physical injury,
including a life-endangering physical condition caused by or
arising from the pregnancy itself; or as to whether the
continuation of the pregnancy would have created a serious risk
of substantial and irreversible impairment of a major bodily
function (as specifically defined in subsection (12) of Section

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2) of the pregnant woman, or both.
(2) The findings on this issue are admissible at the
criminal and civil trials of the physician defendant. Upon a
motion of the physician defendant, the court shall delay the
beginning of the trial or trials for not more than 30 days to
permit the hearing to take place.
(720 ILCS 510/11.5 new)
Sec. 11.5. Penalties for medical facilities.
(1) A medical facility licensed under the Ambulatory
Surgical Treatment Center Act or the Hospital Licensing Act in
which an abortion is performed or induced in violation of this
Act shall be subject to immediate revocation of its license by
the Department.
(2) A medical facility licensed under the Ambulatory
Surgical Treatment Center Act or the Hospital Licensing Act in
which an abortion is performed or induced in violation of this
Act shall lose all State funding for 2 years and shall
reimburse the State for moneys or grants received by the
medical facility from the State for the fiscal year in which
the abortion in violation of this Act was performed.
(720 ILCS 510/14) (from Ch. 38, par. 81-34)
Sec. 14. (1) If any provision, word, phrase or clause of
this Act or the application thereof to any person or
circumstance shall be held invalid, such invalidity shall not

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affect the provisions, words, phrases, clauses or application
of this Act which can be given effect without the invalid
provision, word, phrase, clause, or application, and to this
end the provisions, words, phrases, and clauses of this Act are
declared to be severable.
(2) Within 60 days from the time this Section becomes law,
the Department shall issue regulations pursuant to Section 10.
Insofar as Section 10 requires registration under the "Vital
Records Act", it shall not take effect until such regulations
are issued. The Department shall make available the forms
required under Section 10 within 30 days of the time this
Section becomes law. No requirement that any person report
information to the Department shall become effective until the
Department has made available the forms required under Section
10. All other provisions of this amended Law shall take effect
immediately upon enactment.
(3) The General Assembly, by joint resolution, may appoint
one or more of its members, who sponsored or cosponsored this
amendatory Act of the 101st General Assembly in his or her
official capacity, to intervene as a matter of right in any
case in which the constitutionality of this amendatory Act of
the 101st General Assembly is challenged.
(Source: P.A. 83-1128.)
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INDEX
Statutes amended in order of appearance