101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2462

 

Introduced , by Rep. Chris Miller

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 510/2  from Ch. 38, par. 81-22

    Amends the Illinois Abortion Law of 1975. Defines "viability" to include when, in the medical judgment of the attending physician based on the particular facts of the case before the attending physician, the unborn child has a fetal heartbeat. Defines "fetal heartbeat" as the cardiac activity or the steady and repetitive rhythmic contraction of the fetal heart within the gestational sac. Effective immediately.


LRB101 10283 RLC 55388 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2462LRB101 10283 RLC 55388 b

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 Section 2 as follows:
 
6    (720 ILCS 510/2)  (from Ch. 38, par. 81-22)
7    Sec. 2. Unless the language or context clearly indicates a
8different meaning is intended, the following words or phrases
9for the purpose of this Law shall be given the meaning ascribed
10to them:
11    (1) "Viability" means either:
12        (A) that stage of fetal development when, in the
13    medical judgment of the attending physician based on the
14    particular facts of the case before the attending physician
15    him, there is a reasonable likelihood of sustained survival
16    of the fetus outside the womb, with or without artificial
17    support; or
18        (B) when, in the medical judgment of the attending
19    physician based on the particular facts of the case before
20    the attending physician, the unborn child has a fetal
21    heartbeat.
22    (2) "Physician" means any person licensed to practice
23medicine in all its branches under the Illinois Medical

 

 

HB2462- 2 -LRB101 10283 RLC 55388 b

1Practice Act of 1987, as amended.
2    (3) "Department" means the Department of Public Health,
3State of Illinois.
4    (4) "Abortion" means the use of any instrument, medicine,
5drug or any other substance or device to terminate the
6pregnancy of a woman known to be pregnant with an intention
7other than to increase the probability of a live birth, to
8preserve the life or health of the child after live birth, or
9to remove a dead fetus.
10    (5) "Fertilization" and "conception" each mean the
11fertilization of a human ovum by a human sperm, which shall be
12deemed to have occurred at the time when it is known a
13spermatozoon has penetrated the cell membrane of the ovum.
14    (6) "Fetus" and "unborn child" each mean an individual
15organism of the species homo sapiens from fertilization until
16live birth.
17    (6.5) "Fetal heartbeat" means cardiac activity or the
18steady and repetitive rhythmic contraction of the fetal heart
19within the gestational sac.
20    (7) "Abortifacient" means any instrument, medicine, drug,
21or any other substance or device which is known to cause fetal
22death when employed in the usual and customary use for which it
23is manufactured, whether or not the fetus is known to exist
24when such substance or device is employed.
25    (8) "Born alive", "live born", and "live birth", when
26applied to an individual organism of the species homo sapiens,

 

 

HB2462- 3 -LRB101 10283 RLC 55388 b

1each mean he or she was completely expelled or extracted from
2his or her mother and after such separation breathed or showed
3evidence of any of the following: beating of the heart,
4pulsation of the umbilical cord, or definite movement of
5voluntary muscles, irrespective of the duration of pregnancy
6and whether or not the umbilical cord has been cut or the
7placenta is attached.
8(Source: P.A. 85-1209.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.