Public Act 90-0560 of the 90th General Assembly
Public Act 90-0560
HB0382 Re-Enrolled LRB9001039DJcdB
AN ACT concerning abortions.
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
Partial-birth Abortion Ban Act.
Section 5. Definitions. In this Act:
"Partial-birth abortion" means an abortion in which the
person performing the abortion partially vaginally delivers a
living human fetus or infant before killing the fetus or
infant and completing the delivery. The terms "fetus" and
"infant" are used interchangeably to refer to the biological
offspring of human parents.
Section 10. Partial-birth abortions prohibited. Any
person who knowingly performs a partial-birth abortion and
thereby kills a human fetus or infant is guilty of a Class 4
felony. This Section does not apply to a partial-birth
abortion that is necessary to save the life of a mother
because her life is endangered by a physical disorder,
physical illness, or physical injury, including a
life-endangering condition caused by or arising from the
pregnancy itself, provided that no other medical procedure
would suffice for that purpose.
Section 15. Civil action. The maternal grandparents of
the fetus or infant, if the mother has not attained the age
of 18 years at the time of the abortion, may in a civil
action obtain appropriate relief unless the pregnancy
resulted from the plaintiff's criminal conduct or the
plaintiff consented to the abortion. The relief shall include
money damages for all injuries, psychological and physical,
occasioned by the violation of this Act and statutory damages
equal to 3 times the cost of the partial-birth abortion.
Section 20. Prosecution of woman prohibited. A woman on
whom a partial-birth abortion is performed may not be
prosecuted under this Act, for a conspiracy to violate this
Act, or for an offense under Article 31 of the Criminal Code
of 1961 based on a violation of this Act, nor may she be held
accountable under Article 5 of the Criminal Code of 1961 for
an offense based on a violation of this Act.
Section 99. Effective date. This Act takes effect 60
days after becoming law.