103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1283

 

Introduced 2/3/2023, by Sen. Mike Simmons

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Gender-Affirming Health Care Protection Act. Restricts the State from: (1) applying a law of another state that authorizes civil or criminal penalties against any person for providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care; (2) enforcing or satisfying a civil judgment received under a law of another state that authorizes civil or criminal penalties against any person for providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care; or (3) aiding or intentionally participating in a criminal investigation, arrest, search, or detention of an individual pursuant to a criminal law of another state that authorizes civil or criminal penalties against any person for providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care. Prohibits a law enforcement officer from knowingly participating in the arrest of an individual pursuant to an out-of-state arrest warrant issued solely on the basis of the individual providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care. Amends the Uniform Criminal Extradition Act. Prohibits the Governor from complying with a demand of another state to surrender an individual for providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care. Amends the Code of Civil Procedure. Restricts a subpoena from being issued if the subpoena is based on a violation of another state's laws that interfere with a person's right to allow a child to receive gender-affirming care. Restricts a person or entity from releasing medical information based on another state's laws that authorizes a person to bring a civil action against a person or entity that allows a child to receive gender-affirming care. Makes conforming changes in the Uniform Interstate Depositions and Discovery Act.


LRB103 27625 LNS 54001 b

 

 

A BILL FOR

 

SB1283LRB103 27625 LNS 54001 b

1    AN ACT concerning human rights.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Gender-Affirming Health Care Protection Act.
 
6    Section 5. Findings. The General Assembly finds that:
7    (1) Gender-affirming care encompasses many forms of health
8care support that improve the mental health and overall
9well-being of gender diverse children and adolescents and has
10been shown to increase positive outcomes for transgender and
11nonbinary children and adolescents.
12    (2) Gender diverse adolescents face a significantly higher
13risk of mental health issues, substance use, and suicide than
14their cisgender peers.
15    (3) A safe and affirming health care environment is
16critical to provide positive outcomes for transgender,
17nonbinary, and other gender expansive children and
18adolescents, yet legislation intended to restrict access to
19gender-affirming care has been enacted or introduced in at
20least 15 states.
21    (4) This State's commitment to pursuing positive physical
22and mental health outcomes for gender diverse individuals
23prevents it from participating in the enforcement of the

 

 

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1prejudicial policies of other states that are hostile to
2gender diverse children and adolescents.
 
3    Section 10. Definition. As used in this Act,
4"gender-affirming care" means medically necessary health care
5that respects the gender identity of the patient, as
6experienced and defined by the patient, including, but not
7limited to:
8        (1) interventions to suppress the development of
9    endogenous secondary sex characteristics;
10        (2) interventions to align the patient's appearance or
11    physical body with the patient's gender identity;
12        (3) interventions to alleviate symptoms of clinically
13    significant distress resulting from gender dysphoria, as
14    defined in the Diagnostic and Statistical Manual of Mental
15    Disorders, 5th Edition; or
16        (4) mental health care or behavioral health care that
17    respects the gender identity of the patient, as
18    experienced and defined by the patient, including, but not
19    limited to, developmentally appropriate exploration and
20    integration of identity, reduction of distress, adaptive
21    coping, and strategies to increase family acceptance.
 
22    Section 15. Restricted State action.
23    (a) A law of another state that authorizes civil or
24criminal penalties against any person for providing,

 

 

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1authorizing, aiding, assisting, receiving, or otherwise
2allowing a child to receive gender-affirming care or referring
3a child for such care, so long as the gender-affirming care
4that serves as the basis of the warrant is not alleged to have
5been performed in a manner that violates the laws of this State
6is contrary to the public policy of this State.
7    (b) The State shall not:
8        (1) apply a law described in subsection (a) to a case
9    or controversy heard in State court;
10        (2) enforce or satisfy a civil judgment received
11    through an adjudication under a law described in
12    subsection (a); or
13        (3) aid or intentionally participate in the criminal
14    investigation, arrest, search, or detention of an
15    individual pursuant to a criminal law described in
16    subsection (a).
 
17    Section 20. Prohibited arrest. Notwithstanding any law to
18the contrary, no law enforcement officer of this State or a
19unit of local government shall knowingly participate in the
20arrest of an individual pursuant to an out-of-state arrest
21warrant issued solely on the basis of the individual
22providing, authorizing, aiding, assisting, receiving, or
23otherwise allowing a child to receive gender-affirming care or
24referring a child for such care, so long as the care that
25serves as the basis of the warrant is not alleged to violate

 

 

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1the laws of this State.
 
2    Section 25. The Uniform Criminal Extradition Act is
3amended by adding Section 4.5 as follows:
 
4    (725 ILCS 225/4.5 new)
5    Sec. 4.5. Extradition for gender-affirming care
6prohibited. When a demand is made upon the Governor by the
7Executive Authority of another state for the surrender of a
8person charged with providing, authorizing, aiding, assisting,
9receiving, or otherwise permitting in a child receiving
10gender-affirming care or referring a child for such care, so
11long as the gender-affirming care that serves as the basis of
12the warrant is not alleged to have been performed in a manner
13that violates the laws of this State, the Governor shall not
14comply with the demand and shall not surrender the person. As
15used in this Section, "gender-affirming care" has the same
16meaning as provided in Section 10 of the Gender-Affirming
17Health Care Protection Act.
 
18    Section 30. The Code of Civil Procedure is amended by
19changing Section 2-1101 and by adding Section 2-1101.1 as
20follows:
 
21    (735 ILCS 5/2-1101)  (from Ch. 110, par. 2-1101)
22    Sec. 2-1101. Subpoenas. The clerk of any court in which an

 

 

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1action is pending shall, from time to time, issue subpoenas
2for those witnesses and to those counties in the State as may
3be required by either party. Every clerk who shall refuse so to
4do shall be guilty of a petty offense and fined any sum not to
5exceed $100. An attorney admitted to practice in the State of
6Illinois, as an officer of the court, may also issue subpoenas
7on behalf of the court for witnesses and to counties in a
8pending action. An order of court is not required to obtain the
9issuance by the clerk or by an attorney of a subpoena duces
10tecum. For good cause shown, the court on motion may quash or
11modify any subpoena or, in the case of a subpoena duces tecum,
12condition the denial of the motion upon payment in advance by
13the person in whose behalf the subpoena is issued of the
14reasonable expense of producing any item therein specified.
15    In the event that a party has subpoenaed an expert witness
16including, but not limited to physicians or medical providers,
17and the expert witness appears in court, and a conflict arises
18between the party subpoenaing the expert witness and the
19expert witness over the fees charged by the expert witness,
20the trial court shall be advised of the conflict. The trial
21court shall conduct a hearing subsequent to the testimony of
22the expert witness and shall determine the reasonable fee to
23be paid to the expert witness.
24    Notwithstanding any law to the contrary, no subpoena shall
25be issued if the subpoena is based on a violation of another
26state's laws that interfere with a person's right to allow a

 

 

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1child to receive gender-affirming care. As used in this
2Section, "gender-affirming care" has the same meaning as
3provided in Section 10 of the Gender-Affirming Health Care
4Protection Act.
5(Source: P.A. 95-1033, eff. 6-1-09.)
 
6    (735 ILCS 5/2-1101.1 new)
7    Sec. 2-1101.1. Foreign subpoenas related to
8gender-affirming care.
9    (a) Notwithstanding any law to the contrary, a person or
10entity shall not release medical information to a person or
11entity allowing a child to receive gender-affirming care in
12response to any civil action, including a foreign subpoena,
13based on another state's law that authorizes a person to bring
14a civil action against a person or entity that allows a child
15to receive gender-affirming care.
16    (b) Notwithstanding any law to the contrary, a person or
17entity shall not release medical information to a person or
18entity that has requested that information and that is
19authorized by law to receive it if the information is related
20to a person or entity allowing a child to receive
21gender-affirming care and the information is being requested
22pursuant to another state's law that authorizes a person to
23bring a civil action against a person or entity that allows a
24child to receive gender-affirming care.
25    (c) As used in this Section, "gender-affirming care" has

 

 

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1the same meaning as provided in Section 10 of the
2Gender-Affirming Health Care Protection Act.
 
3    Section 35. The Uniform Interstate Depositions and
4Discovery Act is amended by changing Sections 2 and 3 as
5follows:
 
6    (735 ILCS 35/2)
7    Sec. 2. Definitions. In this Act:
8    (1) "Foreign jurisdiction" means a state other than this
9State.
10    (2) "Foreign subpoena" means a subpoena issued under
11authority of a court of record of a foreign jurisdiction.
12    (2.5) "Gender-affirming care" means medically necessary
13health care that respects the gender identity of the patient,
14as experienced and defined by the patient, including, but not
15limited to:
16        (A) interventions to suppress the development of
17    endogenous secondary sex characteristics;
18        (B) interventions to align the patient's appearance or
19    physical body with the patient's gender identity;
20        (C) interventions to alleviate symptoms of clinically
21    significant distress resulting from gender dysphoria, as
22    defined in the Diagnostic and Statistical Manual of Mental
23    Disorders, 5th Edition; or
24        (D) mental health care or behavioral health care that

 

 

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1    respects the gender identity of the patient, as
2    experienced and defined by the patient, including, but not
3    limited to, developmentally appropriate exploration and
4    integration of identity, reduction of distress, adaptive
5    coping, and strategies to increase family acceptance.
6    (3) "Person" means an individual, corporation, business
7trust, estate, trust, partnership, limited liability company,
8association, joint venture, public corporation, government, or
9governmental subdivision, agency or instrumentality, or any
10other legal or commercial entity.
11    (4) "State" means a state of the United States, the
12District of Columbia, Puerto Rico, the United States Virgin
13Islands, a federally recognized Indian tribe, or any territory
14or insular possession subject to the jurisdiction of the
15United States.
16    (5) "Subpoena" means a document, however denominated,
17issued under authority of a court of record requiring a person
18to:
19        (A) attend and give testimony at a deposition;
20        (B) produce and permit inspection and copying of
21    designated books, documents, records, electronically
22    stored information, or tangible things in the possession,
23    custody, or control of the person; or
24        (C) permit inspection of premises under the control of
25    the person.
26(Source: P.A. 99-79, eff. 1-1-16.)
 

 

 

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1    (735 ILCS 35/3)
2    Sec. 3. Issuance of subpoena.
3    (a) To request issuance of a subpoena under this Section,
4a party must submit a foreign subpoena to a clerk of court in
5the county in which discovery is sought to be conducted in this
6State. A request for the issuance of a subpoena under this Act
7does not constitute an appearance in the courts of this State.
8    (b) When a party submits a foreign subpoena to a clerk of
9court in this State, the clerk, in accordance with that
10court's procedure, shall promptly issue a subpoena for service
11upon the person to which the foreign subpoena is directed
12unless issuance is prohibited by Section 3.5.
13    (c) A subpoena under subsection (b) must:
14        (A) incorporate the terms used in the foreign
15    subpoena; and
16        (B) contain or be accompanied by the names, addresses,
17    and telephone numbers of all counsel of record in the
18    proceeding to which the subpoena relates and of any party
19    not represented by counsel.
20    (d) Notwithstanding any law to the contrary, no subpoena
21shall be issued pursuant to this Section if the foreign
22subpoena is based on a violation of another state's laws that
23interfere with a person's right to allow a child to receive
24gender-affirming care.
25(Source: P.A. 102-1117, eff. 1-13-23.)
 

 

 

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1    Section 97. Severability. The provisions of this Act are
2severable under Section 1.31 of the Statute on Statutes.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    725 ILCS 225/4.5 new
5    735 ILCS 5/2-1101from Ch. 110, par. 2-1101
6    735 ILCS 5/2-1101.1 new
7    735 ILCS 35/2
8    735 ILCS 35/3