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90_HB1812ham001
LRB9001603EGfgam01
1 AMENDMENT TO HOUSE BILL 1812
2 AMENDMENT NO. . Amend House Bill 1812 by replacing
3 the title with the following:
4 "AN ACT concerning abortions."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 Partial-birth Abortion Ban Act.
9 Section 5. Definitions. In this Act:
10 "Partial-birth abortion" means an abortion in which the
11 person performing the abortion partially vaginally delivers a
12 viable human fetus before killing the fetus and completing
13 delivery.
14 "Viable" means that the fetus, in the medical judgment of
15 the attending physician based on the particular facts of the
16 case, has a reasonable likelihood of sustained survival
17 outside the womb, with or without artificial support.
18 Section 10. Partial-birth abortions prohibited. Any
19 person who knowingly performs a partial-birth abortion and
20 thereby kills a viable fetus is guilty of a Class 2 felony;
-2- LRB9001603EGfgam01
1 except that this does not apply to a partial-birth abortion
2 that is necessary to preserve the life or health of the
3 mother.
4 Section 15. Liability.
5 (a) A physician who knowingly performs a partial-birth
6 abortion in violation of Section 10 shall be referred to the
7 Illinois State Medical Disciplinary Board for action in
8 accordance with Section 22 of the Medical Practice Act of
9 1987.
10 (b) A physician who, in good faith, determines that a
11 fetus is not viable or performs an abortion that, in the
12 medical judgment of the physician, is necessary to preserve
13 the life or health of the mother shall not be subject to any
14 type of civil or criminal liability or discipline for
15 unprofessional conduct for that action.
16 Section 20. Prosecution of woman prohibited. A woman on
17 whom a partial-birth abortion is performed may not be
18 prosecuted under this Act, for a conspiracy to violate this
19 Act, or for an offense under Article 31 of the Criminal Code
20 of 1961 based on a violation of this Act, nor may she be held
21 accountable under Article 5 of the Criminal Code of 1961 for
22 an offense based on a violation of this Act.
23 Section 99. Effective date. This Act takes effect 60
24 days after becoming law.".