Full Text of SB2856 93rd General Assembly
SB2856 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2856
Introduced 2/6/2004, by Richard J. Winkel Jr., William R. Haine SYNOPSIS AS INTRODUCED: |
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720 ILCS 510/5 |
from Ch. 38, par. 81-25 |
720 ILCS 510/6 |
from Ch. 38, par. 81-26 |
720 ILCS 510/10 |
from Ch. 38, par. 81-30 |
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Amends the Illinois Abortion Law of 1975. Provides that before a physician performs an abortion on a woman the physician has reason to believe is carrying a fetus of 20 or more weeks gestational age, the physician shall first determine if the fetus is viable by using and exercising that degree of care, skill, and proficiency commonly exercised by the ordinary skillful, careful, and prudent physician. Provides that an abortion of a viable fetus may be performed or induced only when there is in attendance a physician (other than the physician performing or inducing the abortion) who shall take control of and provide immediate medical care for any child born as a result of the abortion. Provides that an abortion shall not be performed when the fetus is viable except in a hospital, on an inpatient basis, with measures for life support available if the child is born alive. Provides exceptions in cases of medical emergencies. Provides that violations of these provisions are punishable as a Class 3 felony.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2856 |
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LRB093 17776 RLC 43456 b |
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| AN ACT concerning abortions.
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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 Illinois Abortion Law of 1975 is amended by | 5 |
| changing Sections 5, 6, and 10 as follows:
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| (720 ILCS 510/5) (from Ch. 38, par. 81-25)
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| Sec. 5. (1) When the fetus is viable no abortion shall be | 8 |
| performed
unless in the medical judgment of the attending or | 9 |
| referring physician,
based on the particular facts of the case | 10 |
| before him, it is necessary
to preserve the life or health of | 11 |
| the mother. Intentional, knowing, or
reckless failure to | 12 |
| conform to the requirements of subsection
(1) of Section 5 is a | 13 |
| Class 2 felony. | 14 |
| (1.5) Before a physician performs an abortion on a woman | 15 |
| the physician has reason to believe is carrying a fetus of 20 | 16 |
| or more weeks gestational age, the physician shall first | 17 |
| determine if the fetus is viable by using and exercising that | 18 |
| degree of care, skill, and proficiency commonly exercised by | 19 |
| the ordinary skillful, careful, and prudent physician. In | 20 |
| making the determination of viability, the physician shall | 21 |
| perform or cause to be performed those medical examinations and | 22 |
| tests that are necessary to make findings of the gestational | 23 |
| age, weight, and lung maturity of the fetus, except when, in | 24 |
| the physician's medical judgment, those tests would not be | 25 |
| useful in determining viability or would be dangerous to the | 26 |
| mother or the unborn child, in which case, the physician shall | 27 |
| describe the basis of the medical judgment and include it in | 28 |
| the medical record of the mother. If tests are performed, the | 29 |
| physician shall enter those findings and the determination of | 30 |
| viability in the medical record of the mother. The requirement | 31 |
| of determining viability does not apply when, in the medical | 32 |
| judgment of the physician performing or inducing the abortion |
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| based on the particular facts of the case before the physician, | 2 |
| there exists a medical emergency that prevents compliance with | 3 |
| determining viability; in that case, the physician shall | 4 |
| describe the basis of the medical judgment and include it in | 5 |
| the medical record of the mother. A physician who | 6 |
| intentionally, knowingly, or recklessly violates this | 7 |
| subsection (1.5) commits a Class 3 felony.
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| (2) When the fetus is viable the physician shall certify in | 9 |
| writing, on
a form prescribed by the Department under Section | 10 |
| 10 of this Law, the medical
indications which, in his medical | 11 |
| judgment based on the particular facts
of the case before him, | 12 |
| warrant performance of the abortion to preserve
the life or | 13 |
| health of the mother. | 14 |
| (3) An abortion of a viable fetus may be performed or | 15 |
| induced only when there is in attendance a physician (other | 16 |
| than the physician performing or inducing the abortion) who | 17 |
| shall take control of and provide immediate medical care for | 18 |
| any child born as a result of the abortion. The requirement of | 19 |
| a second attending physician does not apply when, in the | 20 |
| medical judgment of a physician performing or inducing the | 21 |
| abortion based on the particular facts of the case before the | 22 |
| physician, there exists a medical emergency that prevents | 23 |
| having a second physician in attendance; in that case, the | 24 |
| physician shall describe the basis of that medical judgment and | 25 |
| include it in the medical record of the mother. A physician who | 26 |
| intentionally, knowingly, or recklessly fails to arrange for | 27 |
| the attendance of a second physician in violation of this | 28 |
| subsection (3) commits a Class 3 felony. | 29 |
| (4) An abortion shall not be performed when the fetus is | 30 |
| viable except in a hospital, on an inpatient basis, with | 31 |
| measures for life support available if the child is born alive. | 32 |
| This requirement does not apply when, in the medical judgment | 33 |
| of the physician performing the abortion, based on the | 34 |
| particular facts of the case, a medical emergency exists that | 35 |
| would prevent compliance. In the case of a medical emergency, | 36 |
| the physician shall describe the basis of the medical judgment |
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| and include it in the medical record of the mother. Any | 2 |
| physician who intentionally, knowingly, or recklessly violates | 3 |
| this subsection (4) is guilty of a Class 3 felony.
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| (Source: P.A. 83-1128.)
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| (720 ILCS 510/6) (from Ch. 38, par. 81-26)
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| Sec. 6. (1) (a) Any physician who intentionally performs an | 7 |
| abortion
when, in his medical judgment based on the particular | 8 |
| facts of the case before him,
there is a reasonable likelihood | 9 |
| of sustained survival of the fetus outside
the womb, with or | 10 |
| without artificial support, shall utilize that method of
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| abortion which, of those he knows to be available, is in his | 12 |
| medical
judgment most likely to preserve the life and health of | 13 |
| the fetus.
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| (b) The physician shall certify in writing, on a form | 15 |
| prescribed by the
Department under Section 10 of this Act, the | 16 |
| available methods considered
and the reasons for choosing the | 17 |
| method employed.
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| (c) Any physician who intentionally, knowingly, or | 19 |
| recklessly violates
the provisions of Section 6(1)(a) commits a | 20 |
| Class 3 felony.
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| (2) (a) No abortion shall be performed or induced when the | 22 |
| fetus is
viable unless there is in attendance a physician other | 23 |
| than the physician
performing or inducing the abortion who | 24 |
| shall take control of and provide
immediate medical care for | 25 |
| any child born alive as a result of the
abortion. This | 26 |
| requirement shall not apply when, in the medical judgment
of | 27 |
| the physician performing or inducing the abortion based on the
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| particular facts of the case before him, there exists a medical | 29 |
| emergency;
in such a case, the physician shall describe the | 30 |
| basis of this judgment on
the form prescribed by Section 10 of | 31 |
| this Act. Any physician who
intentionally performs or induces | 32 |
| such an abortion and who intentionally,
knowingly, or | 33 |
| recklessly fails to arrange for the attendance of such a
second | 34 |
| physician in violation of Section 6(2)(a) commits a Class 3 | 35 |
| felony.
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| (b) Subsequent to the abortion, if a child is born alive, | 2 |
| the physician
required by Section 5(3)
6(2)(a) to be in | 3 |
| attendance shall exercise the same
degree of professional | 4 |
| skill, care and diligence to preserve the life and
health of | 5 |
| the child as would be required of a physician providing | 6 |
| immediate
medical care to a child born alive in the course of a | 7 |
| pregnancy termination
which was not an abortion. Any such | 8 |
| physician who intentionally,
knowingly, or recklessly violates | 9 |
| Section 6(2) (b) commits a Class 3 felony.
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| (3) The law of this State shall not be construed to imply | 11 |
| that any
living individual organism of the species homo sapiens | 12 |
| who has been born
alive is not an individual under
the | 13 |
| "Criminal Code of 1961,"
approved July 28, 1961, as amended.
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| (4) (a) Any physician who intentionally performs an | 15 |
| abortion when, in
his medical judgment based on the particular | 16 |
| facts of the case before him,
there is a reasonable possibility | 17 |
| of sustained survival of the fetus
outside the womb, with or | 18 |
| without artificial support, shall utilize that
method of | 19 |
| abortion which, of those he knows to be available, is in his
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| medical judgment most likely to preserve the life and health of | 21 |
| the fetus.
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| (b) The physician shall certify in writing, on a form | 23 |
| prescribed by the
Department under Section 10 of this Act, the | 24 |
| available methods considered
and the reasons for choosing the | 25 |
| method employed.
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| (c) Any physician who intentionally, knowingly, or | 27 |
| recklessly violates
the provisions of Section 6(4)(a) commits a | 28 |
| Class 3 felony.
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| (5) Nothing in Section 6 requires a physician to employ
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| method of abortion which, in the medical judgment of the | 31 |
| physician
performing the abortion based on the particular facts | 32 |
| of the
case before him, would increase medical risk to the | 33 |
| mother.
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| (6) When the fetus is viable and when there exists | 35 |
| reasonable
medical certainty (a) that the particular
method of | 36 |
| abortion to be employed will cause organic pain to the fetus, |
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| and
(b) that use of an
anesthetic or analgesic would abolish or | 2 |
| alleviate organic
pain to the fetus caused by the particular | 3 |
| method of abortion to be employed,
then the physician who is to | 4 |
| perform the abortion or his agent or the
referring physician or | 5 |
| his agent shall inform the woman upon
whom the abortion is to | 6 |
| be performed that such an
anesthetic or analgesic is available, | 7 |
| if he knows it to be available,
for use to abolish or alleviate | 8 |
| organic
pain caused to the fetus by the particular method of | 9 |
| abortion to be employed.
Any person who performs an abortion | 10 |
| with knowledge that any such reasonable
medical certainty | 11 |
| exists and that such an anesthetic or analgesic is
available, | 12 |
| and intentionally
fails to so inform
the woman or to ascertain | 13 |
| that the woman has been so informed commits a
Class B | 14 |
| misdemeanor. The foregoing requirements of subsection (6) of | 15 |
| Section 6 shall
not apply (a) when in the medical judgment of | 16 |
| the physician who is to perform
the abortion or the referring | 17 |
| physician based upon the particular facts
of the case before | 18 |
| him: (i) there
exists a medical emergency, or (ii) the | 19 |
| administration of such an anesthetic or
analgesic would | 20 |
| decrease a possibility of sustained survival of
the fetus apart | 21 |
| from the body of the mother, with
or without artificial
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| support, or (b) when the physician
who is to perform the | 23 |
| abortion administers an anesthetic or an analgesic
to the woman | 24 |
| or the fetus and he knows there exists reasonable medical
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| certainty that such use will abolish organic pain caused to the | 26 |
| fetus during
the course of the abortion.
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| (7) No person shall sell or experiment upon a fetus | 28 |
| produced by the
fertilization of a human ovum by a human sperm | 29 |
| unless such experimentation
is therapeutic to the fetus thereby
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| produced. Intentional violation of this section is a Class A | 31 |
| misdemeanor.
Nothing in this subsection (7) is intended to | 32 |
| prohibit the performance of
in vitro fertilization.
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| (8) No person shall intentionally perform an abortion with | 34 |
| knowledge
that the pregnant woman is seeking the abortion | 35 |
| solely on account of the
sex of the fetus. Nothing in Section | 36 |
| 6(8) shall be construed to proscribe
the performance of an |
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| abortion on account of the sex of the fetus because
of a | 2 |
| genetic disorder linked to that sex. If the application of | 3 |
| Section
6(8) to the period of pregnancy prior to viability is | 4 |
| held invalid, then
such invalidity shall not affect its | 5 |
| application to the period of pregnancy
subsequent to viability.
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| (Source: P.A. 84-1001.)
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| (720 ILCS 510/10) (from Ch. 38, par. 81-30)
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| Sec. 10. A report of each abortion performed shall be made | 9 |
| to the
Department on forms prescribed by it. Such report forms | 10 |
| shall not
identify the patient by name, but by an individual | 11 |
| number to be noted in
the patient's permanent record in the | 12 |
| possession of the physician, and
shall include information | 13 |
| concerning:
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| (1) Identification of the physician who performed the | 15 |
| abortion and
the facility where the abortion was performed and | 16 |
| a patient
identification number;
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| (2) State in which the patient resides;
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| (3) Patient's date of birth, race and marital status;
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| (4) Number of prior pregnancies;
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| (5) Date of last menstrual period;
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| (6) Type of abortion procedure performed;
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| (7) Complications and whether the abortion resulted in a | 23 |
| live birth;
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| (8) The date the abortion was performed;
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| (9) Medical indications for any abortion performed when the | 26 |
| fetus was viable;
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| (10) The information required by Sections 6(1)(b) and | 28 |
| 6(4)(b) of this
Act, if applicable;
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| (11) Basis for any medical judgment that a medical | 30 |
| emergency existed
when required under Sections 5(1.5), 5(3), | 31 |
| 5(4),
6(2)(a) and 6(6) and when required to
be reported in | 32 |
| accordance with this Section by any provision of this Law; and
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| (12) The pathologist's test results pursuant to Section 12 | 34 |
| of this Act.
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| Such form shall be completed by
the hospital or other |
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| licensed facility, signed by the physician who
performed the | 2 |
| abortion or pregnancy termination, and transmitted to the
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| Department not later than 10 days following the end of the | 4 |
| month in
which the abortion was performed.
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| In the event that a complication of an abortion occurs or | 6 |
| becomes
known after submission of such form, a correction using | 7 |
| the same patient
identification number shall be submitted to | 8 |
| the Department within 10
days of its becoming known.
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| The Department may prescribe rules and regulations | 10 |
| regarding the
administration of this Law and shall prescribe | 11 |
| regulations to secure the
confidentiality of the woman's | 12 |
| identity in the information to be
provided under the "Vital | 13 |
| Records Act". All reports received
by the Department shall be | 14 |
| treated as confidential and the Department
shall secure the
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| woman's anonymity. Such reports shall be used only for | 16 |
| statistical purposes.
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| Upon 30 days public notice, the Department is empowered to | 18 |
| require
reporting of any additional information which, in the | 19 |
| sound discretion
of the Department, is necessary to develop | 20 |
| statistical data relating to
the protection of maternal or | 21 |
| fetal life or health, or is necessary to
enforce the provisions | 22 |
| of this Law, or is necessary to develop useful
criteria for | 23 |
| medical decisions. The Department shall annually report to
the | 24 |
| General Assembly all statistical data gathered under this Law | 25 |
| and its
recommendations to further the purpose of this Law.
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| The requirement for reporting to the General Assembly shall | 27 |
| be satisfied
by filing copies of the report with the Speaker, | 28 |
| the Minority Leader and
the Clerk of the House of | 29 |
| Representatives and the President, the Minority
Leader and the | 30 |
| Secretary of the Senate and the Legislative Research
Unit, as | 31 |
| required
by Section 3.1 of "An Act to revise the law in | 32 |
| relation to the General
Assembly", approved February 25, 1874, | 33 |
| as amended, and filing such additional copies
with the State | 34 |
| Government Report Distribution Center for the General Assembly
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| as is required under paragraph (t) of Section 7 of the State | 36 |
| Library Act.
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| (Source: P.A. 84-1438.)
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