Illinois General Assembly - Bill Status for SB1467
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 Bill Status of SB1467  103rd General Assembly


Short Description:  FERTILITY FRAUD ACT

Senate Sponsors
Sen. David Koehler

Last Action
DateChamber Action
  3/31/2023SenateRule 3-9(a) / Re-referred to Assignments

Statutes Amended In Order of Appearance
New Act
35 ILCS 5/203from Ch. 120, par. 2-203
720 ILCS 5/11-1.20was 720 ILCS 5/12-13
735 ILCS 5/13-212from Ch. 110, par. 13-212
735 ILCS 5/13-215.1 new


Synopsis As Introduced
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 Criminal Code of 2012. Provides that a person commits criminal sexual assault if that person is a health care provider who knowingly or intentionally provides assisted reproductive treatment to a patient by using the health care provider's own spermatozoon or ovum without the patient's informed written consent to treatment using the health care provider's spermatozoon or ovum. 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.

Actions 
DateChamber Action
  2/7/2023SenateFiled with Secretary by Sen. David Koehler
  2/7/2023SenateFirst Reading
  2/7/2023SenateReferred to Assignments
  2/16/2023SenateAssigned to Senate Special Committee on Criminal Law and Public Safety
  2/23/2023SenateTo Subcommittee on Special Issues on Criminal Law & Public Safety
  2/28/2023SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. David Koehler
  2/28/2023SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/7/2023SenateSenate Committee Amendment No. 1 Assignments Refers to Senate Special Committee on Criminal Law and Public Safety
  3/10/2023SenateRule 2-10 Committee Deadline Established As March 24, 2023
  3/23/2023SenateRule 2-10 Committee Deadline Established As March 31, 2023
  3/31/2023SenateRule 3-9(a) / Re-referred to Assignments
  3/31/2023SenateSenate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments

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