Bill Status of SB 380   103rd General Assembly

Short Description:  CIVIL LAW-TECH

Senate Sponsors
Sen. David Koehler, Linda Holmes, Adriane Johnson, Mary Edly-Allen, Julie A. Morrison, Rachel Ventura, Cristina Castro, Laura M. Murphy, Laura Fine, Ann Gillespie and Mattie Hunter

House Sponsors
(Rep. Daniel Didech-Margaret Croke-Jennifer Gong-Gershowitz-Dagmara Avelar-Sharon Chung, Kelly M. Cassidy, Lakesia Collins, Katie Stuart, Rita Mayfield, Bob Morgan, Jenn Ladisch Douglass, Nabeela Syed, Jonathan Carroll, Joyce Mason, Lilian Jiménez, Barbara Hernandez, Terra Costa Howard, Suzanne M. Ness, Ann M. Williams, Anna Moeller, Laura Faver Dias, Mary Beth Canty, Maurice A. West, II, Janet Yang Rohr, Abdelnasser Rashid, Will Guzzardi and Michelle Mussman)


Last Action  View All Actions

DateChamber Action
  8/4/2023SenatePublic Act . . . . . . . . . 103-0478

Statutes Amended In Order of Appearance
735 ILCS 5/1-101from Ch. 110, par. 1-101

Synopsis As Introduced
Amends the Code of Civil Procedure. Makes a technical change in the short title Section.

Senate Floor Amendment No. 1
Deletes reference to:
735 ILCS 5/1-101
Adds reference to:
New Act
35 ILCS 5/203from Ch. 120, par. 2-203
735 ILCS 5/13-212from Ch. 110, par. 13-212
735 ILCS 5/13-215.1 new

Replaces everything after the enacting clause. 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, embryologist'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 under certain circumstances. Provides that a plaintiff who prevails in an action is entitled to reasonable attorney's fees and compensatory and punitive damages or liquidated damages of $50,000. Provides that any child born as a result of the fertility fraud is entitled to a qualified protective order allowing the child access to the personal medical records and health history of the health care provider, embryologist, or other person who committed the fraud. Amends the Illinois Income Tax Act. Includes in the list of modifications of a taxpayer's adjusted gross income for the taxable year, to the extent includible in gross income for federal income tax purposes, any amount awarded or paid to the taxpayer as a result of a judgment or settlement for fertility fraud. Amends the Code of Civil Procedure. Provides that an action for fertility fraud must be commenced within the later of 20 years after specified events.

House Floor Amendment No. 1
Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: In the Illinois Fertility Fraud Act: Changes the definition of "assisted reproductive treatment". Defines "embryologist", "intended parent", and "laboratory". Provides that the intended parent of the child born as a result of the assisted reproductive treatment (rather than the spouse of a woman who gives birth to a child after receiving assisted reproductive treatment or any other artificial means used to cause pregnancy) may 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, embryologist's, or person's human reproductive material. Allows a donor of human reproductive material to bring an action against a health care provider, embryologist, or any other person involved in any stage of the treatment (rather than only a health care provider). In the Illinois Income Tax Act: Includes in the list of modifications of a taxpayer's adjusted gross income for the taxable year, to the extent includible in gross income for federal income tax purposes, any amount awarded or paid to the taxpayer as a result of a judgment or settlement for donor fertility fraud.

Actions 
DateChamber Action
  2/2/2023SenateFiled with Secretary by Sen. Don Harmon
  2/2/2023SenateFirst Reading
  2/2/2023SenateReferred to Assignments
  3/2/2023SenateAssigned to Executive
  3/9/2023SenateDo Pass Executive; 011-000-000
  3/9/2023SenatePlaced on Calendar Order of 2nd Reading March 10, 2023
  3/10/2023SenateSecond Reading
  3/10/2023SenatePlaced on Calendar Order of 3rd Reading March 21, 2023
  3/29/2023SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. David Koehler
  3/29/2023SenateSenate Floor Amendment No. 1 Referred to Assignments
  3/29/2023SenateSenate Floor Amendment No. 1 Assignments Refers to Executive
  3/29/2023SenateChief Sponsor Changed to Sen. David Koehler
  3/31/2023SenateSenate Floor Amendment No. 1 Recommend Do Adopt Executive; 012-000-000
  3/31/2023SenateRecalled to Second Reading
  3/31/2023SenateSenate Floor Amendment No. 1 Adopted; Koehler
  3/31/2023SenatePlaced on Calendar Order of 3rd Reading
  3/31/2023SenateThird Reading - Passed; 053-000-000
  3/31/2023SenateAdded as Co-Sponsor Sen. Linda Holmes
  3/31/2023SenateAdded as Co-Sponsor Sen. Adriane Johnson
  3/31/2023SenateAdded as Co-Sponsor Sen. Mary Edly-Allen
  3/31/2023SenateAdded as Co-Sponsor Sen. Julie A. Morrison
  3/31/2023SenateAdded as Co-Sponsor Sen. Rachel Ventura
  3/31/2023SenateAdded as Co-Sponsor Sen. Cristina Castro
  3/31/2023SenateAdded as Co-Sponsor Sen. Laura M. Murphy
  3/31/2023SenateAdded as Co-Sponsor Sen. Laura Fine
  3/31/2023SenateAdded as Co-Sponsor Sen. Ann Gillespie
  3/31/2023SenateAdded as Co-Sponsor Sen. Mattie Hunter
  3/31/2023HouseArrived in House
  3/31/2023HouseChief House Sponsor Rep. Emanuel "Chris" Welch
  4/3/2023HouseAlternate Chief Sponsor Changed to Rep. Daniel Didech
  4/3/2023HouseAdded Alternate Chief Co-Sponsor Rep. Margaret Croke
  4/3/2023HouseAdded Alternate Chief Co-Sponsor Rep. Jennifer Gong-Gershowitz
  4/3/2023HouseAdded Alternate Chief Co-Sponsor Rep. Dagmara Avelar
  4/3/2023HouseAdded Alternate Co-Sponsor Rep. Kelly M. Cassidy
  4/3/2023HouseAdded Alternate Co-Sponsor Rep. Lakesia Collins
  4/3/2023HouseAdded Alternate Co-Sponsor Rep. Katie Stuart
  4/3/2023HouseAdded Alternate Co-Sponsor Rep. Rita Mayfield
  4/3/2023HouseAdded Alternate Co-Sponsor Rep. Bob Morgan
  4/3/2023HouseAdded Alternate Co-Sponsor Rep. Jenn Ladisch Douglass
  4/3/2023HouseAdded Alternate Co-Sponsor Rep. Nabeela Syed
  4/3/2023HouseAdded Alternate Co-Sponsor Rep. Jonathan Carroll
  4/3/2023HouseAdded Alternate Co-Sponsor Rep. Joyce Mason
  4/3/2023HouseAdded Alternate Co-Sponsor Rep. Lilian Jiménez
  4/3/2023HouseAdded Alternate Co-Sponsor Rep. Barbara Hernandez
  4/3/2023HouseAdded Alternate Co-Sponsor Rep. Terra Costa Howard
  4/3/2023HouseAdded Alternate Co-Sponsor Rep. Suzanne M. Ness
  4/3/2023HouseAdded Alternate Co-Sponsor Rep. Ann M. Williams
  4/3/2023HouseAdded Alternate Co-Sponsor Rep. Anna Moeller
  4/3/2023HouseAdded Alternate Co-Sponsor Rep. Laura Faver Dias
  4/3/2023HouseAdded Alternate Co-Sponsor Rep. Mary Beth Canty
  4/3/2023HouseAdded Alternate Co-Sponsor Rep. Maurice A. West, II
  4/4/2023HouseAdded Alternate Co-Sponsor Rep. Janet Yang Rohr
  4/6/2023HouseAdded Alternate Chief Co-Sponsor Rep. Sharon Chung
  4/11/2023HouseFirst Reading
  4/11/2023HouseReferred to Rules Committee
  4/11/2023HouseAssigned to Judiciary - Civil Committee
  4/19/2023HouseDo Pass / Short Debate Judiciary - Civil Committee; 013-000-000
  4/19/2023HousePlaced on Calendar 2nd Reading - Short Debate
  4/21/2023HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Daniel Didech
  4/21/2023HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/25/2023HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  4/27/2023HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary - Civil Committee; 012-000-000
  5/3/2023HouseHouse Floor Amendment No. 1 Adopted
  5/3/2023HouseSecond Reading - Short Debate
  5/3/2023HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/3/2023HouseAdded Alternate Co-Sponsor Rep. Abdelnasser Rashid
  5/8/2023HouseThird Reading - Short Debate - Passed 104-000-000
  5/8/2023HouseAdded Alternate Co-Sponsor Rep. Will Guzzardi
  5/8/2023HouseAdded Alternate Co-Sponsor Rep. Michelle Mussman
  5/9/2023SenateSecretary's Desk - Concurrence House Amendment(s) 1
  5/9/2023SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - May 10, 2023
  5/16/2023SenateHouse Floor Amendment No. 1 Motion to Concur Filed with Secretary Sen. David Koehler
  5/16/2023SenateHouse Floor Amendment No. 1 Motion to Concur Referred to Assignments
  5/16/2023SenateHouse Floor Amendment No. 1 Motion to Concur Assignments Referred to Executive
  5/17/2023SenateHouse Floor Amendment No. 1 Motion To Concur Recommended Do Adopt Executive; 013-000-000
  5/19/2023SenateHouse Floor Amendment No. 1 Senate Concurs 051-000-003
  5/19/2023SenateSenate Concurs
  5/19/2023SenatePassed Both Houses
  6/16/2023SenateSent to the Governor
  8/4/2023SenateGovernor Approved
  8/4/2023SenateEffective Date January 1, 2024
  8/4/2023SenatePublic Act . . . . . . . . . 103-0478

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