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92_SB1093sam001 SRS92SB1093JJcpam01 1 AMENDMENT TO SENATE BILL 1093 2 AMENDMENT NO. . Amend Senate Bill 1093 by replacing 3 everything after the enacting clause with the following: 4 "Section 5. The Illinois Abortion Law of 1975 is amended 5 by changing Section 6 as follows: 6 (720 ILCS 510/6) (from Ch. 38, par. 81-26) 7 Sec. 6. (1) (a) Any physician who intentionally performs 8 an abortion when, in his medical judgment based on the 9 particular facts of the case before him, there is a 10 reasonable likelihood of sustained survival of the fetus 11 outside the womb, with or without artificial support, shall 12 utilize that method of abortion which, of those he knows to 13 be available, is in his medical judgment most likely to 14 preserve the life and health of the fetus. 15 (b) The physician shall certify in writing, on a form 16 prescribed by the Department under Section 10 of this Act, 17 the available methods considered and the reasons for choosing 18 the method employed. 19 (c) Any physician who intentionally, knowingly, or 20 recklessly violates the provisions of Section 6(1)(a) commits 21 a Class 3 felony. 22 (2) (a) No abortion shall be performed or induced when -2- SRS92SB1093JJcpam01 1 the fetus is viable unless there is in attendance a physician 2 other than the physician performing or inducing the abortion 3 who shall take control of and provide immediate medical care 4 for any child born alive as a result of the abortion. No 5 abortion procedure which, in the medical judgment of the 6 attending physician, has a reasonable likelihood of resulting 7 in a live born child shall be undertaken unless there is in 8 attendance a physician other than the physician performing or 9 inducing the abortion who shall assess the child's viability 10 and provide medical care for the child. These requirements 11
This requirementshall not apply when, in the medical 12 judgment of the physician performing or inducing the abortion 13 based on the particular facts of the case before him, there 14 exists a medical emergency; in such a case, the physician 15 shall describe the basis of this judgment on the form 16 prescribed by Section 10 of this Act. In any event, a 17 physician inducing or performing an abortion which results in 18 a live born child shall provide for the soonest practicable 19 attendance of a physician other than the physician performing 20 or inducing the abortion to immediately assess the child's 21 viability and provide medical care for the child. Any 22 physician who intentionally performs or induces such an 23 abortion and who intentionally, knowingly, or recklessly 24 fails to arrange for the attendance of such a second 25 physician in violation of Section 6(2)(a) commits a Class 3 26 felony. 27 (b) Subsequent to the abortion, if a child is born 28 alive, the physician required by Section 6(2)(a) to be in 29 attendance shall exercise the same degree of professional 30 skill, care and diligence to preserve the life and health of 31 the child as would be required of a physician providing 32 immediate medical care to a child born alive in the course of 33 a pregnancy termination which was not an abortion. Any such 34 physician who intentionally, knowingly, or recklessly -3- SRS92SB1093JJcpam01 1 violates Section 6(2)(b) commits a Class 3 felony. 2 (3) The law of this State shall not be construed to 3 imply that any living individual organism of the species homo 4 sapiens who has been born alive is not an individual under 5 the "Criminal Code of 1961," approved July 28, 1961, as 6 amended. 7 (3.5) A live child born as a result of an abortion shall 8 be fully recognized as a human person and accorded immediate 9 protection under the law. All reasonable measures consistent 10 with good medical practice, including the compilation of 11 appropriate medical records, shall be taken to preserve the 12 life and health of the child. 13 (4) (a) Any physician who intentionally performs an 14 abortion when, in his medical judgment based on the 15 particular facts of the case before him, there is a 16 reasonable possibility of sustained survival of the fetus 17 outside the womb, with or without artificial support, shall 18 utilize that method of abortion which, of those he knows to 19 be available, is in his medical judgment most likely to 20 preserve the life and health of the fetus. 21 (b) The physician shall certify in writing, on a form 22 prescribed by the Department under Section 10 of this Act, 23 the available methods considered and the reasons for choosing 24 the method employed. 25 (c) Any physician who intentionally, knowingly, or 26 recklessly violates the provisions of Section 6(4)(a) commits 27 a Class 3 felony. 28 (5) Nothing in Section 6 requires a physician to employ 29 a method of abortion which, in the medical judgment of the 30 physician performing the abortion based on the particular 31 facts of the case before him, would increase medical risk to 32 the mother. 33 (6) When the fetus is viable and when there exists 34 reasonable medical certainty (a) that the particular method -4- SRS92SB1093JJcpam01 1 of abortion to be employed will cause organic pain to the 2 fetus, and (b) that use of an anesthetic or analgesic would 3 abolish or alleviate organic pain to the fetus caused by the 4 particular method of abortion to be employed, then the 5 physician who is to perform the abortion or his agent or the 6 referring physician or his agent shall inform the woman upon 7 whom the abortion is to be performed that such an anesthetic 8 or analgesic is available, if he knows it to be available, 9 for use to abolish or alleviate organic pain caused to the 10 fetus by the particular method of abortion to be employed. 11 Any person who performs an abortion with knowledge that any 12 such reasonable medical certainty exists and that such an 13 anesthetic or analgesic is available, and intentionally fails 14 to so inform the woman or to ascertain that the woman has 15 been so informed commits a Class B misdemeanor. The foregoing 16 requirements of subsection (6) of Section 6 shall not apply 17 (a) when in the medical judgment of the physician who is to 18 perform the abortion or the referring physician based upon 19 the particular facts of the case before him: (i) there exists 20 a medical emergency, or (ii) the administration of such an 21 anesthetic or analgesic would decrease a possibility of 22 sustained survival of the fetus apart from the body of the 23 mother, with or without artificial support, or (b) when the 24 physician who is to perform the abortion administers an 25 anesthetic or an analgesic to the woman or the fetus and he 26 knows there exists reasonable medical certainty that such use 27 will abolish organic pain caused to the fetus during the 28 course of the abortion. 29 (7) No person shall sell or experiment upon a fetus 30 produced by the fertilization of a human ovum by a human 31 sperm unless such experimentation is therapeutic to the fetus 32 thereby produced. Intentional violation of this section is a 33 Class A misdemeanor. Nothing in this subsection (7) is 34 intended to prohibit the performance of in vitro -5- SRS92SB1093JJcpam01 1 fertilization. 2 (8) No person shall intentionally perform an abortion 3 with knowledge that the pregnant woman is seeking the 4 abortion solely on account of the sex of the fetus. Nothing 5 in Section 6(8) shall be construed to proscribe the 6 performance of an abortion on account of the sex of the fetus 7 because of a genetic disorder linked to that sex. If the 8 application of Section 6(8) to the period of pregnancy prior 9 to viability is held invalid, then such invalidity shall not 10 affect its application to the period of pregnancy subsequent 11 to viability. 12 (Source: P.A. 84-1001.) 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.".
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