Illinois General Assembly - Full Text of HB2891
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Full Text of HB2891  100th General Assembly

HB2891 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2891

 

Introduced , by Rep. Brandon W. Phelps

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 510/2  from Ch. 38, par. 81-22
720 ILCS 510/3.2 new

    Amends the Illinois Abortion Law of 1975. Defines "dismemberment abortion". Provides that no person shall perform, or attempt to perform, a dismemberment abortion on an unborn child unless: (1) the dismemberment abortion is necessary to preserve the life of the pregnant woman; or (2) a continuation of the pregnancy will cause a substantial and irreversible physical impairment of a major bodily function of the pregnant woman. Provides that no woman upon whom an abortion is performed or attempted to be performed shall be criminally or civilly liable for performing or attempting to perform a dismemberment abortion. Provides that no nurse, technician, secretary, receptionist, or other employee or agent who is not a physician, but who acts at the direction of a physician, and no pharmacist or other individual who is not a physician, but who fills a prescription or provides instruments or materials used in an abortion at the direction of or to a physician shall be criminally or civilly liable for performing or attempting to perform a dismemberment abortion.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2891LRB100 04387 RLC 14393 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Abortion Law of 1975 is amended by
5changing Section 2 and by adding Section 3.2 as follows:
 
6    (720 ILCS 510/2)  (from Ch. 38, par. 81-22)
7    Sec. 2. Unless the language or context clearly indicates a
8different meaning is intended, the following words or phrases
9for the purpose of this Law shall be given the meaning ascribed
10to them:
11    (1) "Viability" means that stage of fetal development when,
12in the medical judgment of the attending physician based on the
13particular facts of the case before him, there is a reasonable
14likelihood of sustained survival of the fetus outside the womb,
15with or without artificial support.
16    (2) "Physician" means any person licensed to practice
17medicine in all its branches under the Illinois Medical
18Practice Act of 1987, as amended.
19    (3) "Department" means the Department of Public Health,
20State of Illinois.
21    (4) "Abortion" means the use of any instrument, medicine,
22drug or any other substance or device to terminate the
23pregnancy of a woman known to be pregnant with an intention

 

 

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1other than to increase the probability of a live birth, to
2preserve the life or health of the child after live birth, or
3to remove a dead fetus.
4    (4.1) "Dismemberment abortion" means, with the purpose of
5causing the death of an unborn child, purposely to dismember a
6living unborn child and extract him or her one piece at a time
7from the uterus through use of clamps, grasping forceps, tongs,
8scissors, or similar instruments that, through the convergence
9of 2 rigid levers, slice, crush, or grasp a portion of the
10unborn child's body to cut or rip it off. "Dismemberment
11abortion" does not include an abortion which uses suction to
12dismember the body of the developing unborn child by sucking
13fetal parts into a collection container.
14    (5) "Fertilization" and "conception" each mean the
15fertilization of a human ovum by a human sperm, which shall be
16deemed to have occurred at the time when it is known a
17spermatozoon has penetrated the cell membrane of the ovum.
18    (6) "Fetus" and "unborn child" each mean an individual
19organism of the species homo sapiens from fertilization until
20live birth.
21    (7) "Abortifacient" means any instrument, medicine, drug,
22or any other substance or device which is known to cause fetal
23death when employed in the usual and customary use for which it
24is manufactured, whether or not the fetus is known to exist
25when such substance or device is employed.
26    (8) "Born alive", "live born", and "live birth", when

 

 

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1applied to an individual organism of the species homo sapiens,
2each mean he or she was completely expelled or extracted from
3his or her mother and after such separation breathed or showed
4evidence of any of the following: beating of the heart,
5pulsation of the umbilical cord, or definite movement of
6voluntary muscles, irrespective of the duration of pregnancy
7and whether or not the umbilical cord has been cut or the
8placenta is attached.
9(Source: P.A. 85-1209.)
 
10    (720 ILCS 510/3.2 new)
11    Sec. 3.2. Dismemberment abortion prohibited; exceptions.
12    (a) No person shall perform, or attempt to perform, a
13dismemberment abortion on an unborn child unless:
14        (1) the dismemberment abortion is necessary to
15    preserve the life of the pregnant woman; or
16        (2) a continuation of the pregnancy will cause a
17    substantial and irreversible physical impairment of a
18    major bodily function of the pregnant woman.
19    No condition shall be deemed to exist if it is based on a
20claim or diagnosis that the woman will engage in conduct that
21would result in her death or in substantial and irreversible
22physical impairment of a major bodily function.
23    (b) No woman upon whom an abortion is performed or
24attempted to be performed shall be criminally or civilly liable
25for performing or attempting to perform a dismemberment

 

 

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1abortion. No nurse, technician, secretary, receptionist, or
2other employee or agent who is not a physician, but who acts at
3the direction of a physician, and no pharmacist or other
4individual who is not a physician, but who fills a prescription
5or provides instruments or materials used in an abortion at the
6direction of or to a physician shall be criminally or civilly
7liable for performing or attempting to perform a dismemberment
8abortion.