Illinois General Assembly - Full Text of SB1640
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Full Text of SB1640  103rd General Assembly

SB1640 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1640

 

Introduced 2/8/2023, by Sen. Terri Bryant

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Dignity for Aborted Children Act. Provides that, notwithstanding any State law or administrative rule to the contrary, any physician after performing an abortion shall provide the patient with an informed consent form, provided by the Department of Public Health, offering the patient specified options for disposal of the human fetal tissue from the abortion. Provides that it is unlawful for any physician, after performing an abortion in which the patient elects to release the human fetal tissue to the physician, to fail to provide for the final disposition of the human fetal tissue through interment or cremation, consistent with State law regarding the disposal of human remains, not later than 7 days after the date on which the abortion procedure was performed. Requires physicians who perform abortions and persons, not including patients, to whom human fetal tissue are transferred to submit annual reports to the Department containing specified information. Contains provisions specifying civil penalties, criminal designations, and consideration of action by the Illinois State Medical Board. Provides that a patient upon whom an abortion is performed or attempted in violation of the Act may not be prosecuted under the Act or for a conspiracy to violate the Act. Provides that the Department shall submit to the General Assembly an annual report on the number of abortions, procedure type, and method of disposal of human fetal tissue under the Act.


LRB103 30557 LNS 56991 b

 

 

A BILL FOR

 

SB1640LRB103 30557 LNS 56991 b

1    AN ACT concerning abortion.
 
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
5Dignity for Aborted Children Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Abortion" has the meaning provided in Section 1-10 of the
8Reproductive Health Act.
9    "Department" means the Department of Public Health.
10    "Human fetal tissue" means tissue obtained from a dead
11human embryo or fetus after a spontaneous or induced abortion
12or after a stillbirth.
13    "Physician" means any person licensed to practice medicine
14in all its branches under the Medical Practice Act of 1987.
 
15    Section 10. Disposal of human fetal tissue; informed
16consent.
17    (a) Notwithstanding any State law or administrative rule
18to the contrary, any physician, after performing an abortion
19in this State, shall provide the patient with an informed
20consent form, provided by the Department, offering the patient
21the following options for disposal of the human fetal tissue
22from the abortion:

 

 

SB1640- 2 -LRB103 30557 LNS 56991 b

1        (1) The patient may take possession of the human fetal
2    tissue and may choose to transfer the tissue to an entity
3    providing interment or cremation.
4        (2) The patient may elect to release the human fetal
5    tissue to the physician, who shall be subject to the
6    requirements of subsection (b), except that the option
7    described in this paragraph shall not be available if the
8    patient does not expel the human fetal tissue at the
9    premises of the physician performing the abortion.
10    (b) A physician described in subsection (a) shall:
11        (1) obtain a patient signature on each consent form
12    required under subsection (a); and
13        (2) retain each consent form in the patient's file.
 
14    Section 15. Physician disposal.
15    (a) It is unlawful for any physician, after performing an
16abortion in this State in which the patient elects to release
17the human fetal tissue to the physician under paragraph (2) of
18subsection (a) of Section 10, to fail to provide for the final
19disposition of the human fetal tissue through interment or
20cremation, consistent with State law regarding the disposal of
21human remains, not later than 7 days after the date on which
22the abortion procedure was performed.
23    (b) The final disposition of human fetal tissue under
24paragraph (2) of subsection (a) of Section 10 may be carried
25out through interment or cremation of tissue from more than

 

 

SB1640- 3 -LRB103 30557 LNS 56991 b

1one abortion procedure collectively.
 
2    Section 20. Physician reports; reports of persons to whom
3human fetal tissue is transferred.
4    (a) A physician described in subsection (a) of Section 10
5shall submit annual reports to the Department indicating, with
6respect to the annual reporting period:
7        (1) the aggregate number of abortion procedures
8    performed by the physician;
9        (2) the gestational age of the fetus at the time of
10    each procedure; and
11        (3) for abortions carried out using an abortion method
12    other than chemical abortion:
13            (A) the aggregate number of human embryos or
14        fetuses for which the physician provides for final
15        disposition through interment or cremation, other than
16        by releasing the human fetal tissue to a patient under
17        paragraph (1) of subsection (a) of Section 10;
18            (B) the aggregate number of human embryos or
19        fetuses released to patients; and
20            (C) the identity of each person, not including the
21        patient, to whom the physician transfers human fetal
22        tissue for final disposition.
23    (b) If, during the reporting period under subsection (a),
24a physician transfers human fetal tissue to another person,
25not including the patient, for final disposition through

 

 

SB1640- 4 -LRB103 30557 LNS 56991 b

1interment or cremation, the person shall submit a report to
2the Department for the annual reporting period specifying:
3        (1) the aggregate number of human embryos or fetuses
4    transferred to the person; and
5        (2) how the person disposed of the human fetal tissue.
 
6    Section 25. Penalties; violations; patient exemption.
7    (a) Any physician who fails to maintain the documentation
8required under subsection (b) of Section 10 shall be subject
9to a civil penalty in an amount not less than $1,000 per
10violation and not exceeding $50,000 per violation.
11    (b) Any physician who violates Section 15 is guilty of a
12Class A misdemeanor.
13    (c) Any physician who violates subsection (a) of Section
1420 is guilty of a Class B misdemeanor.
15    (d) A violation described under subsection (a), (b), or
16(c) shall result in the matter also being considered for
17action by the Illinois State Medical Board on its authority.
18    (e) A patient upon whom an abortion is performed or
19attempted in violation of this Act may not be prosecuted under
20this Act or for a conspiracy to violate this Act.
 
21    Section 30. Department annual reports. The Department
22shall submit to the General Assembly an annual report on the
23number of abortions, procedure type, and method of disposal of
24human fetal tissue under this Act.