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90_HB0382eng
New Act
Creates the Partial-birth Abortion Ban Act. Prohibits
partial-birth abortions unless necessary to save the life of
a mother whose life is endangered by a physical disorder,
physical illness, or physical injury, provided that no other
medical procedure would suffice for that purpose. Makes
performance of a partial-birth abortion a Class 4 felony.
Provides for a civil action by the father and maternal
grandparents of the fetus. Prohibits prosecution of a woman
on whom a partial-birth abortion is performed. Effective 60
days after becoming law.
LRB9001039DJcdB
HB0382 Engrossed LRB9001039DJcdB
1 AN ACT concerning abortions.
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 Partial-birth Abortion Ban Act.
6 Section 5. Definitions. In this Act:
7 "Partial-birth abortion" means an abortion in which the
8 person performing the abortion partially vaginally delivers a
9 living human fetus or infant before killing the fetus or
10 infant and completing the delivery. The terms "fetus" and
11 "infant" are used interchangeably to refer to the biological
12 offspring of human parents.
13 Section 10. Partial-birth abortions prohibited. Any
14 person who knowingly performs a partial-birth abortion and
15 thereby kills a human fetus or infant is guilty of a Class 4
16 felony. This Section does not apply to a partial-birth
17 abortion that is necessary to save the life of a mother
18 because her life is endangered by a physical disorder,
19 physical illness, or physical injury, including a
20 life-endangering condition caused by or arising from the
21 pregnancy itself, provided that no other medical procedure
22 would suffice for that purpose.
23 Section 15. Civil action. The father of the fetus or
24 infant and the maternal grandparents of the fetus or infant,
25 if the mother has not attained the age of 18 years at the
26 time of the abortion, may in a civil action obtain
27 appropriate relief unless the pregnancy resulted from the
28 plaintiff's criminal conduct or the plaintiff consented to
29 the abortion. The relief shall include money damages for all
HB0382 Engrossed -2- LRB9001039DJcdB
1 injuries, psychological and physical, occasioned by the
2 violation of this Act and statutory damages equal to 3 times
3 the cost of the partial-birth abortion.
4 Section 20. Prosecution of woman prohibited. A woman on
5 whom a partial-birth abortion is performed may not be
6 prosecuted under this Act, for a conspiracy to violate this
7 Act, or for an offense under Article 31 of the Criminal Code
8 of 1961 based on a violation of this Act, nor may she be held
9 accountable under Article 5 of the Criminal Code of 1961 for
10 an offense based on a violation of this Act.
11 Section 99. Effective date. This Act takes effect 60
12 days after becoming law.