103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2590

 

Introduced 2/15/2023, by Rep. Adam M. Niemerg

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Coercive Abuse Against Mothers Prevention Act. Provides that it is illegal to coerce or force a pregnant woman to have an abortion. Provides that whoever coerces or forces a pregnant woman to have an abortion is guilty of a petty offense with a fine of $500 and a business offense with a fine of $1,500. Allows a pregnant woman injured by an abuser's violation of the Act to bring a civil suit to recover damages for such injury regardless of whether the abuser is criminally prosecuted and whether the pregnant woman has an abortion. Requires a reproductive health care facility to conspicuously post signs visible to all who enter its waiting, consultation, and procedure rooms specified notices and information. Requires a mandatory reporter to personally report every instance of alleged or suspected coerced abortion to the Department of Children and Family Services or the local law enforcement authority of the county the facility is in. Requires an attending health care professional to orally ask a pregnant woman, in a private room and without any individual accompanying her, if she is being coerced or forced to have an abortion. Provides that any mandatory reporter who has reason to believe a woman is or has been a victim of coercion and willfully and knowingly does not report such coercion, force, attempted coercion, threatened coercion, or threatened force is guilty of a business offense with a fine of $5,000. Provides that any health care professional who willfully violates the mandatory reporting requirements shall be referred to the Illinois State Medical Board for action on whether to suspend or revoke his or her license. Allows a pregnant woman injured by a facility's violation of the Act to bring a civil suit to recover damages for such injury. Makes other changes. Effective 90 days after becoming law.


LRB103 30221 LNS 56649 b

 

 

A BILL FOR

 

HB2590LRB103 30221 LNS 56649 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Coercive Abuse Against Mothers Prevention Act.
 
6    Section 5. Legislative findings; intent.
7    (a) The General Assembly finds that:
8        (1) Research indicates that violence against pregnant
9    women is a serious problem. Many women report that they
10    were coerced into abortions and have suffered grievous
11    physical, emotional, psychological, and spiritual harm as
12    a result.
13        (2) Reproductive health care facilities are often the
14    only and last opportunities of hope for victims of
15    coercive abuse. As such, they are uniquely situated to
16    help these women.
17        (3) More cases of coerced or attempted coerced
18    abortions are reported if women are informed of their
19    rights and given information concerning treatment and
20    protection options.
21        (4) More women may receive treatment for coercive
22    abuse if clinics inform them of their rights and give them
23    information concerning treatment and protection options.

 

 

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1        (5) Coercive abuse is a serious women's health issue
2    because it violates a woman's rights to physical and
3    emotional health, her freedom of conscience, and to freely
4    choose either to continue her pregnancy or to have an
5    abortion where it is legal.
6    (b) Based on the findings in subsection (a), it is the
7intent of the General Assembly to:
8        (1) prohibit actions intended to coerce or otherwise
9    force a woman to abort her unborn child; and
10        (2) empower all mothers in the State to exercise their
11    freedom of conscience in choosing life for their unborn
12    children, free of violent and abusive coercion.
 
13    Section 10. Definitions. As used in this Act:
14    "Abortion" has the same meaning as used in Section 1-10 of
15the Reproductive Health Act.
16    "Abuser" means any person who attempts to, conspires to,
17or successfully coerces, forces a woman to have an abortion.
18    "Advanced practice registered nurse" has the same meaning
19as used in Section 50-10 of the Nurse Practice Act.
20    "Coercion" means when any person, with purpose to restrict
21a pregnant woman's freedom of action to her detriment, engages
22in conduct where the person coerces or forces an abortion on
23the pregnant woman.
24    "Coerce an abortion" or "force an abortion" means when a
25person:

 

 

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1        (1) knows of or suspects the pregnancy of a woman;
2        (2) engages or conspires with another to engage in any
3    of the following conduct:
4            (A) committing, attempting to commit, or
5        threatening to commit physical harm to the woman,
6        unborn child, or another person;
7            (B) holding, attempting to hold, or threatening to
8        hold in confinement the woman or unborn child;
9            (C) committing, attempting to commit, or
10        threatening to commit any act prohibited by any
11        statute of this State;
12            (D) revoking, attempting to revoke, or threatening
13        to revoke a scholarship awarded to the woman by a
14        public or private institution of higher education;
15            (E) discharging, attempting to discharge, or
16        threatening to discharge the woman or another person
17        or changing, attempting to change, or threatening to
18        change her or the other person's compensation, terms,
19        conditions, or privileges of employment;
20            (F) denying, attempting to deny, or threatening to
21        deny any social assistance for which a pregnant woman
22        or another person has applied, has been approved for,
23        or has been receiving and for which she or the other
24        person is otherwise eligible; or
25            (G) denying, removing, or threatening to deny or
26        remove financial support or housing from a dependent;

 

 

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1        (3) that is intentionally or purposely aimed at
2    causing or directing the pregnant woman to have an
3    abortion; and
4        (4) solely conditioned upon the pregnant woman
5    disregarding or refusing the person's demand that she seek
6    an abortion, regardless of whether the abortion has been
7    attempted or completed.
8    "Coerce an abortion" or "force an abortion" does not
9include constitutionally protected speech, conduct, or
10expressions of conscience.
11    "Course of conduct" means a pattern of conduct composed of
12a series of 2 or more separate acts evincing a continuity of
13purpose.
14    "Dependent" has the same meaning as "child" as used in
15Section 3 of the Abused and Neglected Child Reporting Act, or
16has the same meaning as "intellectual disability" as used in
17Section 1-116 of the Mental Health and Developmental
18Disabilities Code.
19    "Health care professional" means a person who is a
20licensed physician, advanced practice registered nurse, or
21physician assistant.
22    "Mandatory reporter" means any individual who provides
23health care services, including:
24        (1) a physician;
25        (2) a surgeon;
26        (3) a physician assistant;

 

 

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1        (4) a physical therapist;
2        (5) a psychiatrist;
3        (6) a psychologist;
4        (7) a medical resident;
5        (8) a medical intern;
6        (9) a hospital staff member;
7        (10) an advanced practice registered nurse;
8        (11) a licensed nurse;
9        (12) a nurse's aide;
10        (13) an emergency medical technician;
11        (14) a paramedic; and
12        (15) any employee, staff member, or volunteer at a
13    reproductive health care facility.
14    "Physician" means any person licensed to practice medicine
15in all its branches under the Medical Practice Act of 1987.
16    "Physician assistant" has the same meaning as used in
17Section 4 of the Physician Assistant Practice Act of 1987.
18    "Pregnant woman" means any biological female of any age
19who is in the reproductive condition of having an unborn child
20in her uterus.
21    "Reproductive health care facility" or "facility" means
22any office, clinic, or other physical location licensed by the
23State to provide:
24        (1) surgical or medical abortions;
25        (2) abortion counseling;
26        (3) abortion referrals; or

 

 

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1        (4) gynecological care and services.
2    "Solely" means the conduct described in Section 15 must be
3such that it would not have occurred but for the woman's
4pregnancy, including the possibility that an actor may have
5multiple motives for engaging in the conduct described in
6Section 15.
7    "Threat" means a statement or a course of conduct by an
8individual that would cause a reasonable person to believe
9that the individual is likely to act in accordance with the
10statements or as implied by a course of conduct. "Threat" does
11not exclude constitutionally protected speech or any
12generalized statement regarding a lawful pregnancy option,
13such as an emotional expression by a family or household
14member of the pregnant woman.
15    "Unborn child" or "preborn child" means the offspring of
16human beings from conception to birth.
 
17    Section 15. Coerced or forced abortion prohibited; civil
18remedies.
19    (a) It is illegal to coerce or force a pregnant woman to
20have an abortion.
21    (b) Whoever is guilty of engaging in conduct described in
22and proscribed by this Section is, in addition to any other
23crimes described in the Criminal Code of 2012, guilty of a
24petty offense with a fine of $500 and a business offense with a
25fine of $1,500 for each subsequent violation.

 

 

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1    (c) If the father or putative father of the unborn child
2commits a violation of this Section against a pregnant woman
3who is less than 18 years of age, and the father or putative
4father is 18 years of age or older, he is guilty of a petty
5offense with a fine of $500 and a business offense with a fine
6of $1,500 for each subsequent violation.
7    (d) A pregnant woman injured by an abuser's violation of
8this Act may bring a civil suit to recover damages for such
9injury, including wrongful death on behalf of an aborted child
10under the Wrongful Death Act, regardless of whether the abuser
11is criminally prosecuted and whether the pregnant woman has an
12abortion. In such civil suit, the pregnant woman shall be
13entitled to recover, in addition to any other damages, her
14reasonable attorney's fees and costs if she is the prevailing
15party.
16    (e) Any dependent or woman who is threatened with
17coercion, as defined in Section 10, may apply to a court of
18competent jurisdiction for relief. The court shall provide the
19dependent or woman with counsel, give the matter expedited
20consideration, and grant such relief as may be necessary to
21prevent such coercion.
22    (f) If a dependent's parent, guardian, or custodian denies
23financial support to a dependent because of the dependent's
24refusal to have an abortion, the dependent is considered an
25emancipated minor for the purposes of public assistance
26benefits eligibility. Any public assistance benefits may not

 

 

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1be used to obtain an abortion.
 
2    Section 20. Reproductive health care facility
3requirements; civil remedies; professional sanctions.
4    (a) A facility shall conspicuously post signs visible to
5all who enter in its waiting, consultation, and procedure
6rooms to be clearly readable, which state the following
7notices and information:
8        (1) "It is against the law for anyone, regardless of
9    his or her relationship to you, to force you to have an
10    abortion."
11        (2) "You have the right to contact any local or State
12    law enforcement or social service agency to receive
13    protection from any actual or threatened physical,
14    emotional, or psychological abuse."
15        (3) "It is against the law to perform, induce,
16    prescribe for, or provide you with the means for an
17    abortion without your voluntary consent."
18        (4) Local and State law enforcement and social service
19    agency telephone numbers.
20    The continued posting of such signs shall be a condition
21of licensure of any reproductive health care facility under
22the Department of Public Health.
23    The display of such signs does not discharge the duty of a
24reproductive health care facility to have a health care
25professional orally inform the pregnant woman of information

 

 

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1required by subsections (b) and (c).
2    (b) A mandatory reporter shall personally report every
3instance of alleged or suspected coerced abortion as defined
4in and proscribed by Section 15 to the Department of Children
5and Family Services or the local law enforcement authority of
6the county the facility is in. The mandatory reporter may not
7decide what cases should or should not be reported to the
8appropriate law enforcement or the Department of Children and
9Family Services, nor may he or she delegate the duties
10described in this Section to another person.
11    The standard to be applied to a mandatory reporter in
12determining a reportable suspicion is reasonability in good
13faith.
14    If a mandatory reporter has cause to believe that a
15pregnant woman is or was a victim of conduct defined in and
16proscribed by Section 15, the mandatory reporter shall make a
17report no later than 48 hours after such coercion, force,
18attempted coercion, attempted force, threatened coercion, or
19threatened force has been brought to his or her attention or
20suspicion.
21    A mandatory reporter shall identify the pregnant woman's
22name and address, and, in the case of a dependent, the name and
23address of the person who is responsible for the care or
24custody of the minor. The mandatory reporter shall also report
25any pertinent information he or she may have relating to the
26alleged or suspected coercion, force, attempted coercion,

 

 

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1attempted force, threatened coercion, or threatened force.
2    The attending health care professional shall orally inform
3the pregnant woman that no one can force her to have an
4abortion.
5    (c) In a private room, the attending health care
6professional shall orally ask the pregnant woman, without any
7individual accompanying her, if she is being coerced or forced
8to have an abortion.
9        (1) If it is reasonably suspected that the woman is
10    being coerced or forced into having an abortion, the
11    health care professional shall inform the woman that:
12            (A) such coercion is illegal;
13            (B) the woman may have legal remedies;
14            (C) a request or demand by the father to have an
15        abortion does not relieve his financial support
16        responsibilities.
17        (2) The attending health care professional shall also
18    provide the pregnant woman with:
19            (A) information about assistance, counseling, and
20        protective services offered by:
21                (i) social programs; or
22                (ii) local or State law enforcement agencies;
23            (B) access to a telephone where she can make a
24        private call; and
25            (C) an alternate exit from the facility so that,
26        if necessary, she can exit the abortion facility

 

 

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1        without being seen or confronted.
2    (d) Any mandatory reporter who has reason to believe a
3woman is or has been a victim of conduct defined in and
4proscribed by Section 15, and willfully and knowingly does not
5report such coercion, force, attempted coercion, attempted
6force, threatened coercion, or threatened force as required by
7this Act is guilty of a business offense with a fine of $5,000.
8    Any person who performs an abortion which is inconsistent
9with this subsection is guilty of a business offense with a
10fine of $5,000.
11    Any health care professional who willfully violates this
12subsection or subsection (b) or (c) shall be referred to the
13Illinois State Medical Board for action on whether to suspend
14or revoke his or her license.
15    A pregnant woman injured by a facility's violation of this
16Act may bring a civil suit to recover damages for such injury,
17including wrongful death on behalf of an aborted child as
18provided for under the Wrongful Death Act, regardless of
19whether the attending health care professional or the facility
20is criminally prosecuted and whether the pregnant woman had an
21abortion. In such a civil suit, the pregnant woman, if she is
22the prevailing party, is entitled to recover, in addition to
23any other damages, her reasonable attorney's fees and costs.
24    Initial and continuing adherence to the requirements of
25this Section shall be a condition of licensure for any
26reproductive health care facility under the Department of

 

 

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1Public Health.
2    A woman receiving an abortion inconsistent with any
3provision of this Act cannot be prosecuted or held civilly
4liable.
 
5    Section 25. Construction.
6    (a) This Act does not create, recognize, endorse, or
7condone a right to an abortion.
8    (b) This Act does not make lawful an abortion that is
9currently unlawful.
 
10    Section 30. Severability. Any provision of this Act held
11to be invalid or unenforceable by its terms, or as applied to
12any person or circumstance, is construed so as to give it the
13maximum effect permitted by law. If such holdings wholly
14invalidates or renders the provision unenforceable, the
15provision is severable from and does not affect the remainder
16of this Act or to other persons not similarly situated or to
17other, dissimilar circumstances.
 
18    Section 99. Effective date. This Act takes effect 90 days
19after becoming law.