HB4052 Engrossed LRB094 05558 RLC 35607 b

1     AN ACT concerning criminal law.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Criminal Code of 1961 is amended by adding
5 Section 12-3.1-1 as follows:
6     (720 ILCS 5/12-3.1-1 new)
7     Sec. 12-3.1-1. Heinous battery of an unborn child.
8     (a) A person commits heinous battery of an unborn child if
9 he or she intentionally or knowingly without medical legal
10 justification extracts by cutting, severing, mutilating, or
11 otherwise causing by force the unnatural expulsion of an
12 independently viable fetus from the uterus of another living
13 human being.
14     (b) Heinous battery of an unborn child is a Class X
15 non-probationable felony for which the person shall be
16 sentenced to a term of imprisonment of not less than 6 years
17 and not more than 45 years.
18     (c) For purposes of this Section, "viability" means that
19 stage of fetal development when there is a reasonable
20 likelihood of sustained survival of the fetus outside the womb,
21 with or without artificial support.
22     (d) This Section does not apply to acts that cause bodily
23 harm to an unborn child if those acts were committed during any
24 abortion, as defined in Section 2 of the Illinois Abortion Law
25 of 1975 to which the pregnant woman has consented. This Section
26 does not apply to acts that were committed pursuant to usual
27 and customary standards of medical practice during diagnostic
28 testing or therapeutic treatment.
29     Section 99. Effective date. This Act takes effect upon
30 becoming law.