102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
Introduced 2/10/2021, by Rep. Adam Niemerg
SYNOPSIS AS INTRODUCED:
Creates the Partial-Birth Abortion Ban Act of 2021. Provides that any
person who knowingly performs a partial-birth abortion and thereby kills a
human fetus or infant is guilty of a Class 4 felony. Provides that a person
shall only perform or induce a partial-birth abortion on a viable fetus if:
(i) the person is a physician; (ii) the person has a documented referral
from another physician not legally or financially affiliated with the
person performing or inducing the abortion; (iii) both physicians
determine that the life of the mother is endangered by a physical disorder,
physical illness, or physical injury, including a life-endangering
condition caused by or arising from the pregnancy itself; and (iv) there is
no other medical procedure that would suffice for that purpose. Provides
that 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 obtain
appropriate relief unless the pregnancy resulted from the plaintiff's
criminal conduct or the plaintiff consented to the abortion. Provides that
a woman on whom a partial-birth abortion is performed may not be prosecuted
under the Act, for a conspiracy to violate the Act, or for an offense under
Article 31 of the Criminal Code of 2012, nor may she be held accountable
under Article 5 of the Criminal Code of 2012. Effective immediately.
A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Partial-Birth Abortion Ban Act of 2021.
(a) The General Assembly finds that:
(1) Partial-birth abortion is a gruesome and inhumane
procedure that is never medically necessary and, as such,
should be prohibited.
(2) In 2003, the 108th United States Congress passed
the Partial-Birth Abortion Ban Act of 2003 (18 U.S.C.
1531), and President George W. Bush signed it into law.
(3) Later, on April 18, 2007, the U.S. Supreme Court
upheld the Partial-Birth Abortion Ban Act of 2003 ("the
federal ban") in Gonzales v. Carhart, 550 U.S. 124 (2007),
specifically ruling that a ban on partial-birth abortion
need not include a maternal "health" exception to be
(4) This Act's language stems from and uses as its
primary influence the language of the federal ban as
upheld in Gonzales v. Carhart.
(5) This Act – a state ban on partial-birth abortion –