99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3561
 
Introduced , by Rep. Terri Bryant
 
SYNOPSIS AS INTRODUCED:



See Index

 Amends the Illinois Abortion Law of 1975. Provides that except in the case of a medical emergency, no physician or person shall knowingly perform, induce, or attempt to perform an abortion upon a pregnant woman when the probable gestational age of her unborn child has been determined to be at least 20 weeks. Provides that a woman upon whom an abortion in violation of the Act is performed or induced may not be prosecuted under the Act for a conspiracy to violate the 20 week requirement. Provides that the woman, the father of the unborn child if married to the mother at the time she receives an abortion in violation of the Act, or, if the mother has not attained the age of 18 years at the time of the abortion, or both, the maternal grandparents of the unborn child, may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or, if brought by the maternal grandparents, the maternal grandparents consented to the abortion. Provides that a medical facility licensed under the Ambulatory Surgical Treatment Center Act or the
Hospital Licensing Act in which an abortion is performed or induced in violation of the Act shall be subject to immediate revocation of its license by the Department of Public Health. Provides that a medical facility licensed under the Ambulatory Surgical Treatment Center Act or the
Hospital Licensing Act in which an abortion is performed or induced in violation of the Act shall lose all State funding for 2 years and shall reimburse the State for moneys or grants received from the State by the medical facility for the fiscal year in which the abortion in violation of the Act was performed.



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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


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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 Sections 2, 5, 10, and 14 and by adding Sections 1.1, 
61.2, 11.2, 11.3, 11.4, and 11.5 as follows:

7 (720 ILCS 510/1.1 new)
8 Sec. 1.1. Legislative findings and purposes.
9 (1) The General Assembly of the State of Illinois does 
10solemnly declare and find that:
11  (a) Abortion can cause serious physical and 
12 psychological (both short-term and long-term) 
13 complications for women, including but not limited to: 
14 uterine perforation, uterine scarring, cervical 
15 perforation or other injury, infection, bleeding, 
16 hemorrhage, blood clots, failure to actually terminate the 
17 pregnancy, incomplete abortion (retained tissue), pelvic 
18 inflammatory disease, endometritis, missed ectopic 
19 pregnancy, cardiac arrest, respiratory arrest, renal 
20 failure, metabolic disorder, shock, embolism, coma, 
21 placenta previa in subsequent pregnancies, preterm birth 
22 in subsequent pregnancies, free fluid in the abdomen, organ 
23 damage, adverse reactions to anesthesia and other drugs, 
 
 
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1 psychological or emotional complications including 
2 depression, anxiety, sleeping disorders, an increased risk 
3 of breast cancer, and death.
4  (b) Abortion has a higher medical risk when the 
5 procedure is performed later in pregnancy. Compared to an 
6 abortion at 8 weeks gestation or earlier, the relative risk 
7 increases exponentially at higher gestations (L. Bartlett 
8 et al., Risk factors for legal induced abortion-related 
9 mortality in the United States, OBSTETRICS & GYNECOLOGY 
10 103(4):729 (2004)).
11  (c) In fact, the incidence of major complications is 
12 highest after 20 weeks of gestation (J. Pregler & A. 
13 DeCherney, WOMEN'S HEALTH: PRINCIPLES AND CLINICAL 
14 PRACTICE 232 (2002)).
15  (d) According to the Alan Guttmacher Institute, the 
16 risk of death associated with abortion increases with the 
17 length of pregnancy, from one death for every one million 
18 abortions at or before eight weeks gestation to one per 
19 29,000 abortions at 16 to 20 weeks gestation and one per 
20 11,000 abortions at 21 or more weeks gestation (citing L. 
21 Bartlett et al., Risk factors for legal induced 
22 abortion-related mortality in the United States, 
23 OBSTETRICS & GYNECOLOGY 103(4):729–737 (2004)).
24  (e) After the first trimester, the risk of hemorrhage 
25 from an abortion, in particular, is greater, and the 
26 resultant complications may require a hysterectomy, other 
 
 
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1 reparative surgery, or a blood transfusion.
2  (f) The State of Illinois has a legitimate concern for 
3 the public's health and safety (Williamson v. Lee Optical, 
4 348 U.S. 483, 486 (1955)).
5  (g) The State of Illinois "has legitimate interests 
6 from the outset of pregnancy in protecting the health of 
7 women" (Planned Parenthood of Southeastern Pennsylvania v. 
8 Casey, 505 U.S. 833, 847 (1992)). More specifically, the 
9 State of Illinois "has a legitimate concern with the health 
10 of women who undergo abortions" (Akron v. Akron Ctr. for 
11 Reproductive Health, Inc., 462 U.S. 416, 428-29 (1983)).
12  (h) In addition, there is substantial and 
13 well-documented medical evidence that an unborn child by at 
14 least 20 weeks gestation has the capacity to feel pain 
15 during an abortion (K. Anand, Pain and its effects in the 
16 human neonate and fetus, N.E.J.M. 317:1321 (1987)).
17  (i) Pain receptors (nociceptors) are present 
18 throughout the unborn child's entire body no later than 18 
19 weeks gestation.
20  (j) By 10 weeks gestation, the unborn child reacts to 
21 touch.
22  (k) In the unborn child, application of such painful 
23 stimuli is associated with significant increases in stress 
24 hormones known as the stress response.
25  (l) Subjection to such painful stimuli is associated 
26 with long-term harmful neurodevelopmental effects, such as 
 
 
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1 altered pain sensitivity and, possibly, emotional, 
2 behavioral, and learning disabilities later in life.
3  (m) For the purposes of surgery on unborn children, 
4 fetal anesthesia is routinely administered and is 
5 associated with a decrease in stress hormones compared to 
6 their level when painful stimuli are applied without the 
7 anesthesia.
8  (n) The position, asserted by some medical experts, 
9 that the unborn child is incapable of experiencing pain 
10 until a point later in pregnancy than 20 weeks gestation 
11 predominately rests on the assumption that the ability to 
12 experience pain depends on the cerebral cortex and requires 
13 nerve connections between the thalamus and the cortex. 
14 However, recent medical research and analysis, especially 
15 since 2007, provides strong evidence for the conclusion 
16 that a functioning cortex is not necessary to experience 
17 pain.
18  (o) Substantial evidence indicates that children born 
19 missing the bulk of the cerebral cortex, those with 
20 hydranencephaly, nevertheless experience pain.
21  (p) In adults, stimulation or ablation of the cerebral 
22 cortex does not alter pain perception, while stimulation or 
23 ablation of the thalamus does.
24  (q) Substantial evidence indicates that structures 
25 used for pain processing in early development differ from 
26 those of adults, using different neural elements available 
 
 
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1 at specific times during development, such as the 
2 subcortical plate, to fulfill the role of pain processing.
3  (r) The position, asserted by some medical experts, 
4 that the unborn child remains in a coma-like sleep state 
5 that precludes the unborn child experiencing pain is 
6 inconsistent with the documented reaction of unborn 
7 children to painful stimuli and with the experience of 
8 fetal surgeons who have found it necessary to sedate the 
9 unborn child with anesthesia to prevent the unborn child 
10 from thrashing about in reaction to invasive surgery.
11 (2) Based on the findings in subsection (1) of this 
12Section, the General Assembly's purposes in enacting this 
13amendatory Act of the 99th General Assembly are to:
14  (a) Based on the documented risks to women's health, 
15 prohibit abortions at or after 20 weeks gestation, except 
16 in cases of a medical emergency.
17  (b) Prohibit abortions at or after 20 weeks gestation, 
18 in part, because of the pain felt by an unborn child.
19  (c) Define "medical emergency" to encompass 
20 "significant health risks", namely only those 
21 circumstances in which a pregnant woman's life or a major 
22 bodily function is threatened (Gonzales v. Carhart, 550 
23 U.S. 124, 161 (2007)).

24 (720 ILCS 510/1.2 new)
25 Sec. 1.2. Construction.
 
 
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1 (a) Nothing in this Act shall be construed as creating or 
2recognizing a right to an abortion.
3 (b) It is not the intention of this Act to make lawful an 
4abortion that is currently unlawful.




5 (720 ILCS 510/2) (from Ch. 38, par. 81-22)



6 Sec. 2. 
Unless the language or context clearly indicates a 
7different
meaning is intended, the following words or phrases 
8for the purpose of
this Law shall be given the meaning ascribed 
9to them:

10 (1) "Viability" means that stage of fetal development when, 
11in the medical
judgment of the attending physician based on the 
12particular facts of the
case before him, there is a reasonable 
13likelihood of sustained survival
of the fetus outside the womb, 
14with or without
artificial support.

15 (2) "Physician" means any person licensed to practice 
16medicine in all
its branches under the Illinois Medical 
17Practice Act of 1987, as amended, including a doctor of 
18osteopathy.

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 
24other than to increase the probability of a
live birth, to 
25preserve the life or health of the child after live birth,
or 
 
 
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1to remove a dead fetus.

2 (5) "Fertilization" and "conception" each mean the 
3fertilization of
a human ovum by a human sperm, which shall be 
4deemed to have occurred at
the time when it is known a 
5spermatozoon has penetrated the cell membrane
of the ovum.

6 (6) "Fetus" and "unborn child" each mean an individual

7organism of the species homo sapiens from fertilization until 
8live birth.

9 (7) "Abortifacient" means any instrument, medicine, drug, 
10or any
other substance or device which is known to cause fetal 
11death when employed
in the usual and customary use for which it 
12is manufactured, whether or
not the fetus is known to exist 
13when such substance or device is
employed.

14 (8) "Born alive", "live born", and "live birth", when 
15applied to
an individual organism of the species homo sapiens,

16each mean he or she was completely expelled or extracted from

17his or her mother and after such separation breathed or showed 
18evidence
of any of the following: beating of the heart, 
19pulsation of the umbilical
cord, or definite movement of 
20voluntary muscles, irrespective of the duration
of pregnancy 
21and whether or not the umbilical cord has been cut or the 
22placenta
is attached.

23 (9) "Attempt to perform" means an act or omission of a 
24statutorily required act that, under the circumstances as the 
25actor believes them to be, constitutes a substantial step in a 
26course of conduct planned to culminate in the performance or 
 
 
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1induction of an abortion.
2 (10) "Conception" means the fusion of a human spermatozoon 
3with a human ovum.
4 (11) "Gestational age" means the time that has elapsed 
5since the first day of the woman's last menstrual period.
6 (12) "Major bodily function" includes, but is not limited 
7to, functions of the immune system, normal cell growth, and 
8digestive, bowel, bladder, neurological, brain, respiratory, 
9circulatory, endocrine, and reproductive functions.
10 (13) "Medical facility" means any public or private 
11hospital, clinic, center, medical school, medical training 
12institution, healthcare facility, physician's office, 
13infirmary, or dispensary.
14 (14) "Pregnant" or "pregnancy" means that female 
15reproductive condition of having an unborn child in the woman's 
16uterus.
17 (15) "Probable gestational age" means what, in reasonable 
18medical judgment, will with reasonable probability be the 
19gestational age of the unborn child at the time the abortion is 
20considered, performed, or attempted.
21 (16) "Reasonable medical judgment" means that medical 
22judgment that would be made by a reasonably prudent physician, 
23knowledgeable about the case and the treatment possibilities 
24with respect to the medical condition or conditions involved. 
25(Source: P.A. 85-1209.)





 
 
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1 (720 ILCS 510/5) (from Ch. 38, par. 81-25)



2 Sec. 5. 
(1) When the fetus is viable no abortion shall be 
3performed
unless in the medical judgment of the attending or 
4referring physician,
based on the particular facts of the case 
5before him, it is necessary
to preserve the life or health of 
6the mother. Intentional, knowing, or
reckless failure to 
7conform to the requirements of subsection
(1) of Section 5 is a 
8Class 2 felony.

9 (2) When the fetus is viable the physician shall certify in 
10writing, on
a form prescribed by the Department under Section 
1110 of this Law, the medical
indications which, in his medical 
12judgment based on the particular facts
of the case before him, 
13warrant performance of the abortion to preserve
the life or 
14health of the mother.

15 (3) Except in the case of a medical emergency as 
16specifically defined in subsection (5) of this Section, no 
17abortion shall be performed, induced, or attempted unless the 
18attending or referring physician has first made a determination 
19of the probable gestational age of the unborn child. In making 
20the determination, the attending or referring physician shall 
21make the inquiries of the pregnant woman and perform or cause 
22to be performed all the medical examinations, imaging studies, 
23and tests as a reasonably prudent physician, knowledgeable 
24about the medical facts and conditions of both the woman and 
25the unborn child involved, would consider necessary to perform 
26and consider in making an accurate diagnosis with respect to 
 
 
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1gestational age.
2 (4) Except in the case of a medical emergency as 
3specifically defined in subsection (5) of this Section, no 
4physician or person shall knowingly perform, induce, or attempt 
5to perform an abortion upon a pregnant woman when the probable 
6gestational age of her unborn child has been determined to be 
7at least 20 weeks. Intentional, knowing, or reckless failure to 
8conform to the requirements of this subsection (4) is a Class 2 
9felony.
10 (5) For the purposes of this Act only, "medical emergency" 
11means a condition in which an abortion is necessary to preserve 
12the life of the pregnant woman whose life is endangered by a 
13physical disorder, physical illness, or physical injury, 
14including a life-endangering physical condition caused by or 
15arising from the pregnancy itself, or when continuation of the 
16pregnancy will create a serious risk of substantial and 
17irreversible impairment of a major bodily function (as 
18specifically defined in subsection (12) of Section 2 of this 
19Act) of the pregnant woman.
20 (6) Any physician who performs an abortion under subsection 
21(5) of this Section shall certify in writing, on a form 
22prescribed by the Department under Section 10 of this Law, the 
23reason or reasons for the determination that a medical 
24emergency existed. The physician and the medical facility shall 
25retain a copy of the written reports required under this 
26Section for not less than 5 years.
 
 
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1 Failure to report under this Section does not subject the 
2physician to criminal or civil penalties under Sections 11 and 
311.3 of this Act. Subsection (5) of this Section does not 
4preclude sanctions, disciplinary action, or any other 
5appropriate action by the Illinois State Medical Disciplinary 
6Board. 
7(Source: P.A. 83-1128.)





8 (720 ILCS 510/10) (from Ch. 38, par. 81-30)



9 Sec. 10. 
A report of each abortion performed shall be made 
10to the
Department on forms prescribed by it. Such report forms 
11shall not
identify the patient by name, but by an individual 
12number to be noted in
the patient's permanent record in the 
13possession of the physician, and
shall include information 
14concerning:

15 (1) Identification of the physician who performed the 
16abortion and
the facility where the abortion was performed and 
17a patient
identification number;

18 (2) State in which the patient resides;

19 (3) Patient's date of birth, race and marital status;

20 (4) Number of prior pregnancies;

21 (5) Date of last menstrual period;

22 (6) Type of abortion procedure performed;

23 (7) Complications and whether the abortion resulted in a 
24live birth;

25 (8) The date the abortion was performed;

 
 
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1 (9) Medical indications for any abortion performed when the 
2fetus was viable;

3 (10) The information required by Sections 6(1)(b) and 
46(4)(b) of this
Act, if applicable;

5 (11) Basis for any medical judgment that a medical 
6emergency existed
when required under Sections 5(6), 6(2)(a) 
7and 6(6) and when required to
be reported in accordance with 
8this Section by any provision of this Law; and

9 (12) The pathologist's test results pursuant to Section 12 
10of this Act.

11 Such form shall be completed by
the hospital or other 
12licensed facility, signed by the physician who
performed the 
13abortion or pregnancy termination, and transmitted to the

14Department not later than 10 days following the end of the 
15month in
which the abortion was performed.

16 In the event that a complication of an abortion occurs or 
17becomes
known after submission of such form, a correction using 
18the same patient
identification number shall be submitted to 
19the Department within 10
days of its becoming known.

20 The Department may prescribe rules and regulations 
21regarding the
administration of this Law and shall prescribe 
22regulations to secure the
confidentiality of the woman's 
23identity in the information to be
provided under the "Vital 
24Records Act". All reports received
by the Department shall be 
25treated as confidential and the Department
shall secure the

26woman's anonymity. Such reports shall be used only for 
 
 
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1statistical purposes.

2 Upon 30 days public notice, the Department is empowered to 
3require
reporting of any additional information which, in the 
4sound discretion
of the Department, is necessary to develop 
5statistical data relating to
the protection of maternal or 
6fetal life or health, or is necessary to
enforce the provisions 
7of this Law, or is necessary to develop useful
criteria for 
8medical decisions. The Department shall annually report to
the 
9General Assembly all statistical data gathered under this Law 
10and its
recommendations to further the purpose of this Law.

11 The requirement for reporting to the General Assembly shall 
12be satisfied
by filing copies of the report with the Speaker, 
13the Minority Leader and
the Clerk of the House of 
14Representatives and the President, the Minority
Leader and the 
15Secretary of the Senate and the Legislative Research
Unit, as 
16required
by Section 3.1 of "An Act to revise the law in 
17relation to the General
Assembly", approved February 25, 1874, 
18as amended, and filing such additional copies
with the State 
19Government Report Distribution Center for the General Assembly

20as is required under paragraph (t) of Section 7 of the State 
21Library Act.

22(Source: P.A. 84-1438.)


23 (720 ILCS 510/11.2 new)
24 Sec. 11.2. Prosecutorial exclusion. A woman upon whom an 
25abortion in violation of this Act is performed or induced may 
 
 
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1not be prosecuted under this Act for a conspiracy to violate 
2subsection (4) of Section 5 of this Act.

3 (720 ILCS 510/11.3 new)
4 Sec. 11.3. Civil remedies.
5 (1) The woman, the father of the unborn child if married to 
6the mother at the time she receives an abortion in violation of 
7this Act, or, if the mother has not attained the age of 18 
8years at the time of the abortion, or both, the maternal 
9grandparents of the unborn child, may in a civil action obtain 
10appropriate relief, unless the pregnancy resulted from the 
11plaintiff's criminal conduct or, if brought by the maternal 
12grandparents, the maternal grandparents consented to the 
13abortion.
14 (2) The relief shall include:
15  (a) money damages for all psychological and physical 
16 injuries occasioned by the violation of this Act; and
17  (b) statutory damages equal to 3 times the cost of the 
18 abortion performed in violation of this Act.

19 (720 ILCS 510/11.4 new)
20 Sec. 11.4. Review by Medical Board.
21 (1) A physician defendant accused of violating this Act may 
22seek a hearing before the Illinois State Medical Disciplinary 
23Board as to whether the physician's conduct was necessary to 
24save the life of the mother whose life was endangered by a 
 
 
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1physical disorder, physical illness, or physical injury, 
2including a life-endangering physical condition caused by or 
3arising from the pregnancy itself; or as to whether the 
4continuation of the pregnancy would have created a serious risk 
5of substantial and irreversible impairment of a major bodily 
6function (as specifically defined in subsection (12) of Section 
72 of this Act) of the pregnant woman, or both.
8 (2) The findings on this issue are admissible at the 
9criminal and civil trials of the physician defendant. Upon a 
10motion of the physician defendant, the court shall delay the 
11beginning of the trial or trials for not more than 30 days to 
12permit the hearing to take place.

13 (720 ILCS 510/11.5 new)
14 Sec. 11.5. Penalties for medical facilities.
15 (1) A medical facility licensed under the Ambulatory 
16Surgical Treatment Center Act or the
Hospital Licensing Act in 
17which an abortion is performed or induced in violation of this 
18Act shall be subject to immediate revocation of its license by 
19the Department.
20 (2) A medical facility licensed under the Ambulatory 
21Surgical Treatment Center Act or the
Hospital Licensing Act in 
22which an abortion is performed or induced in violation of this 
23Act shall lose all State funding for 2 years and shall 
24reimburse the State for moneys or grants received by the 
25medical facility from the State for the fiscal year in which 
 
 
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1the abortion in violation of this Act was performed.




2 (720 ILCS 510/14) (from Ch. 38, par. 81-34)



3 Sec. 14. 
(1) If any provision, word, phrase or clause of 
4this Act or the
application thereof to any person or 
5circumstance shall be held invalid,
such invalidity shall not 
6affect the provisions, words, phrases, clauses or
application 
7of this Act which can be given effect without the invalid

8provision, word, phrase, clause, or application, and to this 
9end the
provisions, words, phrases, and clauses of this Act are 
10declared to be
severable.

11 (2) Within 60 days from the time this Section becomes law, 
12the
Department shall issue regulations pursuant to Section 10. 
13Insofar as
Section 10 requires registration under the "Vital 
14Records Act", it shall
not take effect until such regulations 
15are issued. The Department shall
make available the forms 
16required under Section 10 within
30 days of the time this 
17Section becomes law. No requirement that any person
report 
18information to the Department
shall become effective until the 
19Department has made available the forms
required under Section 
2010. All other provisions of this amended Law shall
take effect 
21immediately upon enactment.

22 (3) The General Assembly, by joint resolution, may appoint 
23one or more of its members, who sponsored or cosponsored this 
24Act in his or her official capacity, to intervene as a matter 
25of right in any case in which the constitutionality of this 
 
 
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1amendatory Act of the 99th General Assembly is challenged. 
2(Source: P.A. 83-1128.)



 
 
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1
INDEX

2
Statutes amended in order of appearance