Full Text of HB2175 103rd General Assembly
HB2175 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2175 Introduced 2/7/2023, by Rep. Adam M. Niemerg SYNOPSIS AS INTRODUCED: |
| New Act | | 20 ILCS 4111/Act rep. | |
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Creates the Parental Notice of Abortion Act of 2023, with provisions similar to those of the Parental Notice of Abortion Act of 1995. Repeals the Youth Health and Safety Act. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning parental notice of abortion.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the
| 5 | | Parental Notice of Abortion Act of 2023.
| 6 | | Section 5. Legislative findings and purpose. The General | 7 | | Assembly finds
that notification of a family member as defined | 8 | | in this Act is in the best
interest of an unemancipated minor, | 9 | | and the General Assembly's purpose in
enacting this parental | 10 | | notice law is to further and protect the best interests
of an | 11 | | unemancipated minor.
| 12 | | The medical, emotional, and psychological consequences of | 13 | | abortion are
sometimes serious and long-lasting, and immature | 14 | | minors often lack the ability
to make fully informed choices | 15 | | that consider both the immediate and long-range
consequences.
| 16 | | Parental consultation is usually in the best interest of | 17 | | the minor and is
desirable since the capacity to become | 18 | | pregnant and the capacity for mature
judgment concerning the | 19 | | wisdom of an abortion are not necessarily related.
| 20 | | Section 10. Definitions. As used in this Act:
| 21 | | "Abortion" means the use of any instrument, medicine, | 22 | | drug, or any other
substance or device to terminate the |
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| 1 | | pregnancy of a woman known to be pregnant
with an intention | 2 | | other than to increase the probability of a live birth, to
| 3 | | preserve the life or health of a child after live birth, or to | 4 | | remove a dead
fetus.
| 5 | | "Actual notice" means the giving of notice directly, in | 6 | | person, or by
telephone.
| 7 | | "Adult family member" means a person over 21 years of age | 8 | | who is the parent,
grandparent, step-parent living in the | 9 | | household, or legal guardian.
| 10 | | "Constructive notice" means notice by certified mail to | 11 | | the last known
address of the person entitled to notice with | 12 | | delivery deemed to have occurred
48 hours after the certified | 13 | | notice is mailed.
| 14 | | "Incompetent" means any person who has been adjudged as | 15 | | mentally ill or
as a person with a developmental disability | 16 | | and who, because of her mental illness or
developmental | 17 | | disability, is not fully able to manage her person and for whom | 18 | | a
guardian of the person has been appointed under paragraph | 19 | | (1) of subsection (a) of Section 11a-3 of the
Probate Act of | 20 | | 1975.
| 21 | | "Medical emergency" means a condition that, on the basis | 22 | | of the
physician's good faith clinical judgment, so | 23 | | complicates the medical condition
of a pregnant woman as to | 24 | | necessitate the immediate abortion of her pregnancy
to avert | 25 | | her death or for which a delay will create serious risk of
| 26 | | substantial and irreversible impairment of major bodily |
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| 1 | | function.
| 2 | | "Minor" means any person under 18 years of age who is not | 3 | | or has not been
married or who has not been emancipated under | 4 | | the Emancipation of
Minors Act.
| 5 | | "Neglect" means the failure of an adult family member to | 6 | | supply a child with
necessary food, clothing, shelter, or | 7 | | medical care when reasonably able to do
so or the failure to | 8 | | protect a child from conditions or actions that imminently
and | 9 | | seriously endanger the child's physical or mental health when | 10 | | reasonably
able to do so.
| 11 | | "Physical abuse" means any physical injury intentionally | 12 | | inflicted by an
adult family member on a child.
| 13 | | "Physician" means any person licensed to practice medicine | 14 | | in all its
branches under the Illinois Medical Practice Act of | 15 | | 1987.
| 16 | | "Sexual abuse" means any sexual conduct or sexual | 17 | | penetration as defined in
Section 11-0.1 of the Criminal Code | 18 | | of 2012 that is prohibited by the criminal
laws of the State | 19 | | and committed against a minor by an adult family
member as | 20 | | defined in this Act.
| 21 | | Section 15. Notice to adult family member. No person shall | 22 | | knowingly
perform an abortion upon a minor or upon an | 23 | | incompetent person unless the
physician or his or her agent | 24 | | has given at least 48 hours actual notice to an
adult family | 25 | | member of the pregnant minor or incompetent person of his or |
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| 1 | | her
intention to perform the abortion, unless that person or | 2 | | his or her agent has
received a written statement by a | 3 | | referring physician certifying that the
referring physician or | 4 | | his or her agent has given at least 48 hours notice to
an adult | 5 | | family member of the pregnant minor or incompetent person. If | 6 | | actual
notice is not possible after a reasonable effort, the | 7 | | physician or his or her
agent must give 48 hours constructive | 8 | | notice.
| 9 | | Section 20. Exceptions. Notice shall not be required under | 10 | | this Act if:
| 11 | | (1) the minor or incompetent person is accompanied by | 12 | | a person entitled to
notice;
| 13 | | (2) notice is waived in writing by a person who is | 14 | | entitled to notice;
| 15 | | (3) the attending physician certifies in the patient's | 16 | | medical record that
a medical emergency exists and there | 17 | | is insufficient time to provide the
required notice;
| 18 | | (4) the minor declares in writing that she is a victim | 19 | | of sexual abuse,
neglect, or physical abuse by an adult | 20 | | family member as defined in this Act.
The attending | 21 | | physician must certify in the patient's medical record | 22 | | that he or
she has received the written declaration of | 23 | | abuse or neglect. Any notification
of public authorities | 24 | | of abuse that may be required under other laws of this
| 25 | | State need not be made by the person performing the |
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| 1 | | abortion until after the
minor receives an abortion that | 2 | | otherwise complies with the requirements of
this Act; or
| 3 | | (5) notice is waived under Section 25.
| 4 | | Section 25. Procedure for judicial waiver of notice.
| 5 | | (a) The requirements and procedures under this Section are | 6 | | available to
minors and incompetent persons whether or not | 7 | | they are residents of this State.
| 8 | | (b) The minor or incompetent person may petition any | 9 | | circuit court for a
waiver of the notice requirement and may | 10 | | participate in proceedings on
her own behalf. The court shall | 11 | | appoint a guardian ad litem for her. Any
guardian ad litem | 12 | | appointed under this Act shall act to maintain the
| 13 | | confidentiality of the proceedings. The circuit court shall | 14 | | advise her that
she has a right to court-appointed counsel and | 15 | | shall provide her with counsel
upon her request.
| 16 | | (c) Court proceedings under this Section shall be | 17 | | confidential and shall
ensure the anonymity of the minor or | 18 | | incompetent person. All court proceedings
under this Section | 19 | | shall be sealed. The minor or incompetent person
shall have | 20 | | the right to file her petition in the circuit court using a
| 21 | | pseudonym or using solely her initials. All documents related | 22 | | to this petition
shall be confidential and shall not be made | 23 | | available to the public.
| 24 | | These proceedings shall be given precedence over other | 25 | | pending matters to the
extent necessary to ensure that the |
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| 1 | | court reaches a decision promptly. The
court shall rule and | 2 | | issue written findings of fact and conclusions of law
within | 3 | | 48 hours of the time that the petition is filed, except that | 4 | | the
48-hour limitation may be extended at the request of the | 5 | | minor or incompetent
person. If the court fails to rule within | 6 | | the 48-hour period and an extension
is not requested, then the | 7 | | petition shall be deemed to have been granted, and
the notice | 8 | | requirement shall be waived.
| 9 | | (d) Notice shall be waived if the court finds by a | 10 | | preponderance of the
evidence either:
| 11 | | (1) that the minor or incompetent person is | 12 | | sufficiently mature and well
enough informed to decide | 13 | | intelligently whether to have an abortion; or
| 14 | | (2) that notification under Section 15 would not be in | 15 | | the
best interests of the minor or incompetent person.
| 16 | | (e) A court that conducts proceedings under this Section | 17 | | shall issue written
and specific factual findings and legal | 18 | | conclusions supporting its decision and
shall order that a | 19 | | confidential record of the evidence and the judge's findings
| 20 | | and conditions be maintained.
| 21 | | (f) An expedited confidential appeal shall be available, | 22 | | as the Supreme
Court provides by rule, to any minor or | 23 | | incompetent person to whom the circuit
court denies a waiver | 24 | | of notice. An order authorizing an abortion without
notice | 25 | | shall not be subject to appeal.
| 26 | | (g) The Supreme Court is respectfully requested to adopt |
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| 1 | | any rules necessary to ensure that proceedings under this Act | 2 | | are handled in
an expeditious and confidential manner.
| 3 | | (h) No fees shall be required of any minor or incompetent | 4 | | person who avails
herself of the procedures provided by this | 5 | | Section.
| 6 | | Section 30. Minor's consent to abortion. A person may not | 7 | | perform an
abortion on a minor without the minor's consent, | 8 | | except in a medical emergency.
| 9 | | Section 35. Reports. The Department of Public Health shall | 10 | | comply with the
reporting requirements set forth in the | 11 | | consent decree in Herbst v. O'Malley,
case no. 84-C-5602 in | 12 | | the U.S. District Court for the Northern District of
Illinois, | 13 | | Eastern Division.
| 14 | | Section 40. Penalties.
| 15 | | (a) Any physician who willfully fails to provide notice as | 16 | | required under
this Act before performing an abortion on a | 17 | | minor or an incompetent person
shall be referred to the | 18 | | Illinois State Medical Board for action
in accordance with | 19 | | Section 22 of the Medical Practice Act of 1987.
| 20 | | (b) Any person, not authorized under this Act, who signs | 21 | | any waiver of
notice for a minor or incompetent person seeking | 22 | | an abortion, is guilty of a
Class C misdemeanor.
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| 1 | | Section 45. Immunity. Any physician who, in good faith, | 2 | | provides notice in
accordance with Section 15 or relies on an | 3 | | exception under Section 20
shall not be subject to any type of | 4 | | civil or criminal liability or discipline
for unprofessional | 5 | | conduct for failure to give required notice.
| 6 | | Section 50. Severability and inseverability. If any | 7 | | provision of this Act
or its application to any person or | 8 | | circumstance is held invalid, the
invalidity of that provision | 9 | | or application does not affect other provisions or
| 10 | | applications of the Act that can be given effect without the | 11 | | invalid provision
or application, except that Section 25 is | 12 | | inseverable to the extent that if all
or any substantial and | 13 | | material part of Section 25 is held invalid, then the
entire | 14 | | Act is invalid.
| 15 | | (20 ILCS 4111/Act rep.) | 16 | | Section 90. The Youth Health and Safety Act is repealed. | 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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