HB4052eng 94TH GENERAL ASSEMBLY

HB4052 Engrossed LRB094 05558 RLC 35607 b

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 1961 is amended by adding Section 12-3.1-1 as follows:

(720 ILCS 5/12-3.1-1 new)

Sec. 12-3.1-1. Heinous battery of an unborn child.

(a) A person commits heinous battery of an unborn child if he or she intentionally or knowingly without medical legal justification extracts 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.

(b) Heinous battery of an unborn child is a Class X non-probationable felony for which the person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 45 years.

(c) For purposes of this Section, "viability" means that stage of fetal development when there is a reasonable likelihood of sustained survival of the fetus outside the womb, with or without artificial support.

(d) This Section does not apply to acts that cause bodily harm to an unborn child if those acts were committed during any abortion, as defined in Section 2 of the Illinois Abortion Law of 1975 to which the pregnant woman has consented. This Section does not apply to acts that were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.

Section 99. Effective date. This Act takes effect upon becoming law.