Public Act 0685 102ND GENERAL ASSEMBLY

HB0370 Enrolled LRB102 02739 LNS 12742 b

Public Act 102-0685

AN ACT concerning civil law.

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

Section 1. Short title. This Act may be cited as the Youth Health and Safety Act.

Section 5. Findings and declaration of policy. The General Assembly finds, determines, and declares the following:

(1) In 2019, the State of Illinois enacted the Reproductive Health Act to establish and affirm the fundamental right of all individuals in our State to make their own decisions about their reproductive health care without government interference.

(2) Illinois' support of reproductive health care stood in stark contrast to actions in other states aimed at limiting, and even banning, access to reproductive health care, including abortion care. The Reproductive Health Act further established Illinois as a bulwark in the protection of access to reproductive health care in the Midwest. The pace of attacks on the fundamental right of individuals to make autonomous decisions about their lives has accelerated dangerously since 2019.

(3) So far in calendar year 2021, 47 states considered severe abortion restrictions, including 10 bans in direct conflict with the basic guarantees contained in Roe v. Wade and the protections codified under the Reproductive Health Act. Additionally, the Supreme Court of the United States is being asked to overturn the holding in Roe v. Wade in a case concerning an abortion ban in Mississippi, a development threatening to leave millions of Americans without access to abortion care.

(4) These attacks reached their zenith with the passage of an abortion ban in Texas that deputized individuals across the country to act as "bounty hunters" allowing for lawsuits against physicians providing abortion care to people who are pregnant and others helping those seeking that care.

(5) Illinois again is called to be an example for the nation in the protection of reproductive health care while also working to establish healthy family communications, protecting the health and safety of youth including those who are pregnant and parenting, and investing in individuals throughout their lives.

(6) It is in the public policy interest of the State to ensure that Illinois residents, and individuals coming to the State of Illinois to access reproductive health care, are safe and free from barriers to access, including, but not limited to, medically unnecessary waiting periods, bans on particular reproductive health procedures, and restrictions or legal threats when accessing reproductive health care. The State of Illinois recognizes it is not the role of government to deny access to reproductive health care for its residents and those traveling to the State to access healthcare, especially those who are traveling to the State of Illinois because of the implementation of severe abortion restrictions in their home states. It is also in the public policy interest of the State to protect and support providers of reproductive health care and ensure that there are no penalties targeting providers, and individuals who support or aide those seeking reproductive health care in Illinois. The State of Illinois also opposes criminal litigation directed at those who provide healthcare or support to individuals traveling from states with such laws.

(7) The Youth Health and Safety Act seeks to restate Illinois' commitment to full and equitable access to reproductive health care for all persons across the State, without barriers based on race or ethnicity, immigration status, age, geographic location, economic means, education level, or other categories of identity. The Act confirms that Illinois will not move backwards and will continue to assure that reproductive rights are protected and recognized.

Section 10. The Youth Health and Safety Advisory Working Group; duties and responsibilities.

(a) The Youth Health and Safety Advisory Working Group is created for the purpose of identifying and reviewing laws and regulations that impact pregnant and parenting youth and youth that may become pregnant or a parent. The working group shall identify existing and needed resources for pregnant and parenting youth, and youth seeking reproductive healthcare. In this Act, "youth" means an individual under 18 years of age.

The working group shall prepare and make public a report that details available information and makes recommendations as necessary.

(b) The working group shall identify laws and regulations that impact pregnant and parenting youth, or that may impact a pregnant or parenting youth, and provide information and resources on topics related to healthcare, including, but not limited to the following:

(1) consent to medical care, including what healthcare and treatments are available, and access to confidential treatment and care;

(2) pregnancy, abortion, adoption, and parenting;

(3) counseling services, including, but not limited to, reproduction and sexual health, pregnancy and post-pregnancy, mental health, family, and parenting;

(4) emancipation; and

(5) insurance coverage.

(c) The working group shall identify and provide information and resources that encourage and support open communication and conversation between youth and their families and other trusted people in their lives, including, but not limited to, counseling services, classes and workshops, talk and text-lines, online and social media options, tools targeted to parents and adults, and tools targeted to youth.

(d) The working group shall identify and provide information and resources for pregnant and parenting youth related to education, employment, housing, food access, child care, and human trafficking, including the prevention of trafficking.

Section 15. Membership; meetings.

(a) The members of the working group shall include and represent the diversity of the people of Illinois, and shall be composed of the following:

(1) Four members appointed by the Senate President, with at least 2 youth.

(2) Two members appointed by the Minority Leader of the Senate, with at least one youth.

(3) Four members appointed by the Speaker of the House of Representatives, with at least 2 youth.

(4) Two members appointed by the Minority Leader of the Speaker of the House of Representatives, with at least one youth.

(5) One State Representative appointed by the Speaker of the House of Representatives.

(6) One State Representative appointed by the Minority Leader of the House of Representatives.

(7) One State Senator appointed by the President of the Senate.

(8) One State Senator appointed by the Minority Leader of the Senate.

(9) Four members appointed by the Governor, with at least 2 youth.

(b) Appointments for the working group shall be made on or before August 31, 2022.

(c) Members shall serve without compensation.

(d) The Department of Public Health shall provide administrative support to the working group.

Section 20. Report; dissolution. The working group shall issue a report based upon its findings. The report shall be submitted to the Governor and General Assembly no later than July 1, 2023.

Section 25. Repeal. This Act is repealed on January 1, 2024.

Section 90. Public Act 89-18, approved June 1, 1995, as amended, is repealed.

Effective Date: 6/1/2022