State of Illinois
90th General Assembly
Legislation

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90_HB0319

      New Act
      720 ILCS 510/1 rep.
          Creates the Freedom of Choice Act and amends the Illinois
      Abortion Law of 1975.  Establishes a State policy recognizing
      a woman's reproductive rights.  Prohibits State agencies  and
      units  of  local  government (including home rule units) from
      restricting a woman's right to terminate a  pregnancy  before
      fetal  viability  or  at  any  time  if  medically necessary.
      Repeals a Section declaring that the General  Assembly  would
      prohibit  all abortions unless necessary for the preservation
      of  a  woman's  life  if  Roe  v.  Wade   is   overruled   or
      significantly modified.  Effective immediately.
                                                     LRB9001684SMcw
                                               LRB9001684SMcw
 1        AN  ACT  to  create the Freedom of Choice Act, amending a
 2    named Act.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  1.   Short  title.  This Act may be cited as the
 6    Freedom of Choice Act.
 7        Section 5.  Public policy and legislative  purpose.   The
 8    General Assembly of the State of Illinois both recognizes and
 9    respects  a  woman's  right  to personal bodily integrity and
10    autonomy.  In light of this public  policy,  the  purpose  of
11    this Act is to protect the reproductive rights and freedom of
12    women.
13        Section 10.  Restrictions on pregnancy termination.
14        (a)  Notwithstanding  any  law  to  the  contrary,  State
15    agencies and units of local government shall not restrict the
16    right  of  a  woman to choose to terminate a pregnancy before
17    fetal viability or at any time, if termination  is  necessary
18    to  protect  the  life  or  health  of  women,  except  under
19    subsection (c).
20        (b)  All  State  agencies  and  units of local government
21    shall  review  and   revise,   as   necessary,   all   rules,
22    regulations,  ordinances,  and  resolutions that violate this
23    Section.
24        (c)  State agencies and units  of  local  government  may
25    impose  requirements  medically necessary to protect the life
26    and health of women.
27        Section 50.   Home  rule.   A  home  rule  unit  may  not
28    exercise any of its powers in a manner inconsistent with this
29    Act.   This  Section  is a denial and limitation of home rule
                            -2-                LRB9001684SMcw
 1    powers and functions under subsection (h)  of  Section  6  of
 2    Article VII of the Illinois Constitution.
 3        (720 ILCS 510/1 rep.)
 4        Section 90.  The Illinois Abortion Law of 1975 is amended
 5    by repealing Section 1.
 6        Section  99.  Effective  date. This Act takes effect upon
 7    becoming law.

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