Bill Text: IL HB3210 | 2017-2018 | 100th General Assembly | Introduced


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: Bipartisan Bill

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB3210 Detail]

Download: Illinois-2017-HB3210-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3210

Introduced , by Rep. Jerry Costello, II

SYNOPSIS AS INTRODUCED:
See Index

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.
LRB100 08015 RLC 18098 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB3210LRB100 08015 RLC 18098 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Abortion Law of 1975 is amended by
5changing Sections 2, 5, 10, and 14 and by adding Sections 1.1,
61.2, 11.2, 11.3, 11.4, and 11.5 as follows:
7 (720 ILCS 510/1.1 new)
8 Sec. 1.1. Legislative findings and purposes.
9 (1) The General Assembly of the State of Illinois does
10solemnly declare and find that:
11 (a) Abortion can cause serious physical and
12 psychological (both short-term and long-term)
13 complications for women, including but not limited to:
14 uterine perforation, uterine scarring, cervical
15 perforation or other injury, infection, bleeding,
16 hemorrhage, blood clots, failure to actually terminate the
17 pregnancy, incomplete abortion (retained tissue), pelvic
18 inflammatory disease, endometritis, missed ectopic
19 pregnancy, cardiac arrest, respiratory arrest, renal
20 failure, metabolic disorder, shock, embolism, coma,
21 placenta previa in subsequent pregnancies, preterm birth
22 in subsequent pregnancies, free fluid in the abdomen, organ
23 damage, adverse reactions to anesthesia and other drugs,

HB3210- 2 -LRB100 08015 RLC 18098 b
1 psychological or emotional complications including
2 depression, anxiety, sleeping disorders, an increased risk
3 of breast cancer, and death.
4 (b) Abortion has a higher medical risk when the
5 procedure is performed later in pregnancy. Compared to an
6 abortion at 8 weeks gestation or earlier, the relative risk
7 increases exponentially at higher gestations (L. Bartlett
8 et al., Risk factors for legal induced abortion-related
9 mortality in the United States, OBSTETRICS & GYNECOLOGY
10 103(4):729 (2004)).
11 (c) In fact, the incidence of major complications is
12 highest after 20 weeks of gestation (J. Pregler & A.
13 DeCherney, WOMEN'S HEALTH: PRINCIPLES AND CLINICAL
14 PRACTICE 232 (2002)).
15 (d) According to the Alan Guttmacher Institute, the
16 risk of death associated with abortion increases with the
17 length of pregnancy, from one death for every one million
18 abortions at or before eight weeks gestation to one per
19 29,000 abortions at 16 to 20 weeks gestation and one per
20 11,000 abortions at 21 or more weeks gestation (citing L.
21 Bartlett et al., Risk factors for legal induced
22 abortion-related mortality in the United States,
23 OBSTETRICS & GYNECOLOGY 103(4):729737 (2004)).
24 (e) After the first trimester, the risk of hemorrhage
25 from an abortion, in particular, is greater, and the
26 resultant complications may require a hysterectomy, other

HB3210- 3 -LRB100 08015 RLC 18098 b
1 reparative surgery, or a blood transfusion.
2 (f) The State of Illinois has a legitimate concern for
3 the public's health and safety (Williamson v. Lee Optical,
4 348 U.S. 483, 486 (1955)).
5 (g) The State of Illinois "has legitimate interests
6 from the outset of pregnancy in protecting the health of
7 women" (Planned Parenthood of Southeastern Pennsylvania v.
8 Casey, 505 U.S. 833, 847 (1992)). More specifically, the
9 State of Illinois "has a legitimate concern with the health
10 of women who undergo abortions" (Akron v. Akron Ctr. for
11 Reproductive Health, Inc., 462 U.S. 416, 428-29 (1983)).
12 (h) In addition, there is substantial and
13 well-documented medical evidence that an unborn child by at
14 least 20 weeks gestation has the capacity to feel pain
15 during an abortion (K. Anand, Pain and its effects in the
16 human neonate and fetus, N.E.J.M. 317:1321 (1987)).
17 (i) Pain receptors (nociceptors) are present
18 throughout the unborn child's entire body no later than 18
19 weeks gestation.
20 (j) By 10 weeks gestation, the unborn child reacts to
21 touch.
22 (k) In the unborn child, application of such painful
23 stimuli is associated with significant increases in stress
24 hormones known as the stress response.
25 (l) Subjection to such painful stimuli is associated
26 with long-term harmful neurodevelopmental effects, such as

HB3210- 4 -LRB100 08015 RLC 18098 b
1 altered pain sensitivity and, possibly, emotional,
2 behavioral, and learning disabilities later in life.
3 (m) For the purposes of surgery on unborn children,
4 fetal anesthesia is routinely administered and is
5 associated with a decrease in stress hormones compared to
6 their level when painful stimuli are applied without the
7 anesthesia.
8 (n) The position, asserted by some medical experts,
9 that the unborn child is incapable of experiencing pain
10 until a point later in pregnancy than 20 weeks gestation
11 predominantly rests on the assumption that the ability to
12 experience pain depends on the cerebral cortex and requires
13 nerve connections between the thalamus and the cortex.
14 However, recent medical research and analysis, especially
15 since 2007, provides strong evidence for the conclusion
16 that a functioning cortex is not necessary to experience
17 pain.
18 (o) Substantial evidence indicates that children born
19 missing the bulk of the cerebral cortex, those with
20 hydranencephaly, nevertheless experience pain.
21 (p) In adults, stimulation or ablation of the cerebral
22 cortex does not alter pain perception, while stimulation or
23 ablation of the thalamus does.
24 (q) Substantial evidence indicates that structures
25 used for pain processing in early development differ from
26 those of adults, using different neural elements available

HB3210- 5 -LRB100 08015 RLC 18098 b
1 at specific times during development, such as the
2 subcortical plate, to fulfill the role of pain processing.
3 (r) The position, asserted by some medical experts,
4 that the unborn child remains in a coma-like sleep state
5 that precludes the unborn child experiencing pain is
6 inconsistent with the documented reaction of unborn
7 children to painful stimuli and with the experience of
8 fetal surgeons who have found it necessary to sedate the
9 unborn child with anesthesia to prevent the unborn child
10 from thrashing about in reaction to invasive surgery.
11 (2) Based on the findings in subsection (1) of this
12Section, the General Assembly's purposes in enacting this
13amendatory Act of the 100th General Assembly are to:
14 (a) Based on the documented risks to women's health,
15 prohibit abortions at or after 20 weeks gestation, except
16 in cases of a medical emergency.
17 (b) Prohibit abortions at or after 20 weeks gestation,
18 in part, because of the pain felt by an unborn child.
19 (c) Define "medical emergency" to encompass
20 "significant health risks", namely only those
21 circumstances in which a pregnant woman's life or a major
22 bodily function is threatened (Gonzales v. Carhart, 550
23 U.S. 124, 161 (2007)).
24 (720 ILCS 510/1.2 new)
25 Sec. 1.2. Construction.

HB3210- 6 -LRB100 08015 RLC 18098 b
1 (a) Nothing in this Act shall be construed as creating or
2recognizing a right to an abortion.
3 (b) It is not the intention of this Act to make lawful an
4abortion that is currently unlawful.
5 (720 ILCS 510/2) (from Ch. 38, par. 81-22)
6 Sec. 2. Unless the language or context clearly indicates a
7different meaning is intended, the following words or phrases
8for the purpose of this Law shall be given the meaning ascribed
9to them:
10 (1) "Viability" means that stage of fetal development when,
11in the medical judgment of the attending physician based on the
12particular facts of the case before him, there is a reasonable
13likelihood of sustained survival of the fetus outside the womb,
14with or without artificial support.
15 (2) "Physician" means any person licensed to practice
16medicine in all its branches under the Illinois Medical
17Practice Act of 1987, as amended, including a doctor of
18osteopathy.
19 (3) "Department" means the Department of Public Health,
20State of Illinois.
21 (4) "Abortion" means the use of any instrument, medicine,
22drug or any other substance or device to terminate the
23pregnancy of a woman known to be pregnant with an intention
24other than to increase the probability of a live birth, to
25preserve the life or health of the child after live birth, or

HB3210- 7 -LRB100 08015 RLC 18098 b
1to remove a dead fetus.
2 (5) "Fertilization" and "conception" each mean the
3fertilization of a human ovum by a human sperm, which shall be
4deemed to have occurred at the time when it is known a
5spermatozoon has penetrated the cell membrane of the ovum.
6 (6) "Fetus" and "unborn child" each mean an individual
7organism of the species homo sapiens from fertilization until
8live birth.
9 (7) "Abortifacient" means any instrument, medicine, drug,
10or any other substance or device which is known to cause fetal
11death when employed in the usual and customary use for which it
12is manufactured, whether or not the fetus is known to exist
13when such substance or device is employed.
14 (8) "Born alive", "live born", and "live birth", when
15applied to an individual organism of the species homo sapiens,
16each mean he or she was completely expelled or extracted from
17his or her mother and after such separation breathed or showed
18evidence of any of the following: beating of the heart,
19pulsation of the umbilical cord, or definite movement of
20voluntary muscles, irrespective of the duration of pregnancy
21and whether or not the umbilical cord has been cut or the
22placenta is attached.
23 (9) "Attempt to perform" means an act or omission of a
24statutorily required act that, under the circumstances as the
25actor believes them to be, constitutes a substantial step in a
26course of conduct planned to culminate in the performance or

HB3210- 8 -LRB100 08015 RLC 18098 b
1induction of an abortion.
2 (10) "Conception" means the fusion of a human spermatozoon
3with a human ovum.
4 (11) "Gestational age" means the time that has elapsed
5since the first day of the woman's last menstrual period.
6 (12) "Major bodily function" includes, but is not limited
7to, functions of the immune system, normal cell growth, and
8digestive, bowel, bladder, neurological, brain, respiratory,
9circulatory, endocrine, and reproductive functions.
10 (13) "Medical facility" means any public or private
11hospital, clinic, center, medical school, medical training
12institution, healthcare facility, physician's office,
13infirmary, or dispensary.
14 (14) "Pregnant" or "pregnancy" means that female
15reproductive condition of having an unborn child in the woman's
16uterus.
17 (15) "Probable gestational age" means what, in reasonable
18medical judgment, will with reasonable probability be the
19gestational age of the unborn child at the time the abortion is
20considered, performed, or attempted.
21 (16) "Reasonable medical judgment" means that medical
22judgment that would be made by a reasonably prudent physician,
23knowledgeable about the case and the treatment possibilities
24with respect to the medical condition or conditions involved.
25(Source: P.A. 85-1209.)

HB3210- 9 -LRB100 08015 RLC 18098 b
1 (720 ILCS 510/5) (from Ch. 38, par. 81-25)
2 Sec. 5. (1) When the fetus is viable no abortion shall be
3performed unless in the medical judgment of the attending or
4referring physician, based on the particular facts of the case
5before him, it is necessary to preserve the life or health of
6the mother. Intentional, knowing, or reckless failure to
7conform to the requirements of subsection (1) of Section 5 is a
8Class 2 felony.
9 (2) When the fetus is viable the physician shall certify in
10writing, on a form prescribed by the Department under Section
1110 of this Law, the medical indications which, in his medical
12judgment based on the particular facts of the case before him,
13warrant performance of the abortion to preserve the life or
14health of the mother.
15 (3) Except in the case of a medical emergency as
16specifically defined in subsection (5) of this Section, no
17abortion shall be performed, induced, or attempted unless the
18attending or referring physician has first made a determination
19of the probable gestational age of the unborn child. In making
20the determination, the attending or referring physician shall
21make the inquiries of the pregnant woman and perform or cause
22to be performed all the medical examinations, imaging studies,
23and tests as a reasonably prudent physician, knowledgeable
24about the medical facts and conditions of both the woman and
25the unborn child involved, would consider necessary to perform
26and consider in making an accurate diagnosis with respect to

HB3210- 10 -LRB100 08015 RLC 18098 b
1gestational age.
2 (4) Except in the case of a medical emergency as
3specifically defined in subsection (5) of this Section, no
4physician or person shall knowingly perform, induce, or attempt
5to perform an abortion upon a pregnant woman when the probable
6gestational age of her unborn child has been determined to be
7at least 20 weeks. Intentional, knowing, or reckless failure to
8conform to the requirements of this subsection (4) is a Class 2
9felony.
10 (5) For the purposes of this Act only, "medical emergency"
11means a condition in which an abortion is necessary to preserve
12the life of the pregnant woman whose life is endangered by a
13physical disorder, physical illness, or physical injury,
14including a life-endangering physical condition caused by or
15arising from the pregnancy itself, or when continuation of the
16pregnancy will create a serious risk of substantial and
17irreversible impairment of a major bodily function (as
18specifically defined in subsection (12) of Section 2 of this
19Act) of the pregnant woman.
20 (6) Any physician who performs an abortion under subsection
21(5) of this Section shall certify in writing, on a form
22prescribed by the Department under Section 10 of this Law, the
23reason or reasons for the determination that a medical
24emergency existed. The physician and the medical facility shall
25retain a copy of the written reports required under this
26Section for not less than 5 years.

HB3210- 11 -LRB100 08015 RLC 18098 b
1 Failure to report under this Section does not subject the
2physician to criminal or civil penalties under Sections 11 and
311.3 of this Act. Subsection (5) of this Section does not
4preclude sanctions, disciplinary action, or any other
5appropriate action by the Illinois State Medical Disciplinary
6Board.
7(Source: P.A. 83-1128.)
8 (720 ILCS 510/10) (from Ch. 38, par. 81-30)
9 Sec. 10. A report of each abortion performed shall be made
10to the Department on forms prescribed by it. Such report forms
11shall not identify the patient by name, but by an individual
12number to be noted in the patient's permanent record in the
13possession of the physician, and shall include information
14concerning:
15 (1) Identification of the physician who performed the
16abortion and the facility where the abortion was performed and
17a patient identification number;
18 (2) State in which the patient resides;
19 (3) Patient's date of birth, race and marital status;
20 (4) Number of prior pregnancies;
21 (5) Date of last menstrual period;
22 (6) Type of abortion procedure performed;
23 (7) Complications and whether the abortion resulted in a
24live birth;
25 (8) The date the abortion was performed;

HB3210- 12 -LRB100 08015 RLC 18098 b
1 (9) Medical indications for any abortion performed when the
2fetus was viable;
3 (10) The information required by Sections 6(1)(b) and
46(4)(b) of this Act, if applicable;
5 (11) Basis for any medical judgment that a medical
6emergency existed when required under Sections 5(6), 6(2)(a)
7and 6(6) and when required to be reported in accordance with
8this Section by any provision of this Law; and
9 (12) The pathologist's test results pursuant to Section 12
10of this Act.
11 Such form shall be completed by the hospital or other
12licensed facility, signed by the physician who performed the
13abortion or pregnancy termination, and transmitted to the
14Department not later than 10 days following the end of the
15month in which the abortion was performed.
16 In the event that a complication of an abortion occurs or
17becomes known after submission of such form, a correction using
18the same patient identification number shall be submitted to
19the Department within 10 days of its becoming known.
20 The Department may prescribe rules and regulations
21regarding the administration of this Law and shall prescribe
22regulations to secure the confidentiality of the woman's
23identity in the information to be provided under the "Vital
24Records Act". All reports received by the Department shall be
25treated as confidential and the Department shall secure the
26woman's anonymity. Such reports shall be used only for

HB3210- 13 -LRB100 08015 RLC 18098 b
1statistical purposes.
2 Upon 30 days public notice, the Department is empowered to
3require reporting of any additional information which, in the
4sound discretion of the Department, is necessary to develop
5statistical data relating to the protection of maternal or
6fetal life or health, or is necessary to enforce the provisions
7of this Law, or is necessary to develop useful criteria for
8medical decisions. The Department shall annually report to the
9General Assembly all statistical data gathered under this Law
10and its recommendations to further the purpose of this Law.
11 The requirement for reporting to the General Assembly shall
12be satisfied by filing copies of the report with the Speaker,
13the Minority Leader and the Clerk of the House of
14Representatives and the President, the Minority Leader and the
15Secretary of the Senate and the Legislative Research Unit, as
16required by Section 3.1 of "An Act to revise the law in
17relation to the General Assembly", approved February 25, 1874,
18as amended, and filing such additional copies with the State
19Government Report Distribution Center for the General Assembly
20as is required under paragraph (t) of Section 7 of the State
21Library Act.
22(Source: P.A. 84-1438.)
23 (720 ILCS 510/11.2 new)
24 Sec. 11.2. Prosecutorial exclusion. A woman upon whom an
25abortion in violation of this Act is performed or induced may

HB3210- 14 -LRB100 08015 RLC 18098 b
1not be prosecuted under this Act for a conspiracy to violate
2subsection (4) of Section 5 of this Act.
3 (720 ILCS 510/11.3 new)
4 Sec. 11.3. Civil remedies.
5 (1) The woman, the father of the unborn child if married to
6the mother at the time she receives an abortion in violation of
7this Act, or, if the mother has not attained the age of 18
8years at the time of the abortion, or both, the maternal
9grandparents of the unborn child, may in a civil action obtain
10appropriate relief, unless the pregnancy resulted from the
11plaintiff's criminal conduct or, if brought by the maternal
12grandparents, the maternal grandparents consented to the
13abortion.
14 (2) The relief shall include:
15 (a) money damages for all psychological and physical
16 injuries occasioned by the violation of this Act; and
17 (b) statutory damages equal to 3 times the cost of the
18 abortion performed in violation of this Act.
19 (720 ILCS 510/11.4 new)
20 Sec. 11.4. Review by Medical Board.
21 (1) A physician defendant accused of violating this Act may
22seek a hearing before the Illinois State Medical Disciplinary
23Board as to whether the physician's conduct was necessary to
24save the life of the mother whose life was endangered by a

HB3210- 15 -LRB100 08015 RLC 18098 b
1physical disorder, physical illness, or physical injury,
2including a life-endangering physical condition caused by or
3arising from the pregnancy itself; or as to whether the
4continuation of the pregnancy would have created a serious risk
5of substantial and irreversible impairment of a major bodily
6function (as specifically defined in subsection (12) of Section
72 of this Act) of the pregnant woman, or both.
8 (2) The findings on this issue are admissible at the
9criminal and civil trials of the physician defendant. Upon a
10motion of the physician defendant, the court shall delay the
11beginning of the trial or trials for not more than 30 days to
12permit the hearing to take place.
13 (720 ILCS 510/11.5 new)
14 Sec. 11.5. Penalties for medical facilities.
15 (1) A medical facility licensed under the Ambulatory
16Surgical Treatment Center Act or the Hospital Licensing Act in
17which an abortion is performed or induced in violation of this
18Act shall be subject to immediate revocation of its license by
19the Department.
20 (2) A medical facility licensed under the Ambulatory
21Surgical Treatment Center Act or the Hospital Licensing Act in
22which an abortion is performed or induced in violation of this
23Act shall lose all State funding for 2 years and shall
24reimburse the State for moneys or grants received by the
25medical facility from the State for the fiscal year in which

HB3210- 16 -LRB100 08015 RLC 18098 b
1the abortion in violation of this Act was performed.
2 (720 ILCS 510/14) (from Ch. 38, par. 81-34)
3 Sec. 14. (1) If any provision, word, phrase or clause of
4this Act or the application thereof to any person or
5circumstance shall be held invalid, such invalidity shall not
6affect the provisions, words, phrases, clauses or application
7of this Act which can be given effect without the invalid
8provision, word, phrase, clause, or application, and to this
9end the provisions, words, phrases, and clauses of this Act are
10declared to be severable.
11 (2) Within 60 days from the time this Section becomes law,
12the Department shall issue regulations pursuant to Section 10.
13Insofar as Section 10 requires registration under the "Vital
14Records Act", it shall not take effect until such regulations
15are issued. The Department shall make available the forms
16required under Section 10 within 30 days of the time this
17Section becomes law. No requirement that any person report
18information to the Department shall become effective until the
19Department has made available the forms required under Section
2010. All other provisions of this amended Law shall take effect
21immediately upon enactment.
22 (3) The General Assembly, by joint resolution, may appoint
23one or more of its members, who sponsored or cosponsored this
24Act in his or her official capacity, to intervene as a matter
25of right in any case in which the constitutionality of this

HB3210- 17 -LRB100 08015 RLC 18098 b
1amendatory Act of the 100th General Assembly is challenged.
2(Source: P.A. 83-1128.)

HB3210- 18 -LRB100 08015 RLC 18098 b
1 INDEX
2 Statutes amended in order of appearance