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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0614
Introduced 2/8/2007, by Sen. Dale A. Righter SYNOPSIS AS INTRODUCED:
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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.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB0614 |
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LRB095 06264 RLC 26358 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 there is a reasonable |
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| likelihood of sustained survival
of the fetus outside the womb, |
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| with or without
artificial support.
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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 |