94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB4052


 
Introduced 2/28/2005, by Rep. David Reis
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/12-3.1-1 new










    Amends the Criminal Code of 1961.  Creates the offense of heinous battery of an unborn child.  Defines the offense as intentionally or knowingly without medical legal justification extracting by cutting, severing, mutilating, or otherwise causing by force the unnatural expulsion of an independently viable fetus from the uterus of another living human being.  Provides that the penalty is a Class X felony for which a person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 45 years. Exempts from this offense acts that cause bodily harm to an
unborn child if those acts were committed during any abortion to which the
pregnant woman has
consented and acts that were committed
pursuant to usual and customary standards of medical practice during
diagnostic testing or therapeutic treatment.   Effective immediately.
















LRB094 05558 RLC 35607 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB4052

LRB094 05558 RLC 35607 b






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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Criminal Code of 1961 is amended  by adding 
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Section 12-3.1-1 as follows:
 
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    (720 ILCS 5/12-3.1-1  new)
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    Sec. 12-3.1-1. Heinous battery of an unborn child.
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    (a) A person commits heinous battery of an unborn child if 
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he or she intentionally or knowingly without medical legal 
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justification extracts by cutting, severing, mutilating, or 
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otherwise causing by force the unnatural expulsion of an 
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independently viable fetus from the uterus of another living 
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human being.

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    (b) Heinous battery of an unborn child is a Class X 
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non-probationable felony for which the person shall be 
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sentenced to a term of imprisonment of not less than 6 years 
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and not more than 45 years.

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    (c) For purposes of this Section, "viability" means that 
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stage of fetal development when the life of an unborn child may 
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be continued indefinitely outside the womb by natural or 
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artificial life-supportive systems.

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    (d) This Section does not apply to acts that cause bodily 
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harm to an
unborn child if those acts were committed during any 
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abortion, as defined
in Section 2 of the Illinois Abortion Law 
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of 1975 to which the
pregnant woman has
consented.  This Section 
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does not apply to acts that were committed
pursuant to usual 
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and customary standards of medical practice during
diagnostic 
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testing or therapeutic treatment.

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.