Full Text of HB0827 102nd General Assembly
HB0827 102ND GENERAL ASSEMBLY
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 –
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is needed to supplement the federal ban. Importantly, the
federal ban was narrowly tailored to reach only those
partial-birth abortion procedures that implicate Congress'
power to regulate interstate or foreign commerce. U.S.
CONST. art. 1, 8, cl. 3. Without this Act, partial-birth
abortions performed, but not affecting these categories of
commerce, are not prohibited under the federal ban.
(6) A partial-birth abortion poses serious risk to a
woman's long-term health.
(7) There is a substantial evidentiary record upon
which the General Assembly has based its conclusion that a
maternal "health" exception is not constitutionality
required in a State ban on partial-birth abortion.
(8) Moreover, the medical evidence clearly supports
the informed judgment of this State that a partial-birth
abortion is never medically necessary to preserve a
woman's health and instead poses serious health risks to
(9) Specifically, partial-birth abortion poses serious
risks, including, but not limited to: an increased risk of
cervical incompetence, as a result of cervical dilation,
that makes it difficult or impossible for a woman to
successfully carry a subsequent pregnancy to term; an
increased risk of uterine rupture, abruption, amniotic
fluid embolus, and trauma to the uterus, as a result of
converting the child to a footling breech position – a
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procedure which, according to a leading obstetrics
textbook, "there are very few, if any, indications for
other than for delivery of a second twin"; and a risk of
lacerations and secondary hemorrhaging, as a result of the
physician blindly forcing a sharp instrument into the base
of the unborn child's skull while he or she is lodged in
the birth canal – an act that could result in severe
bleeding and subsequent shock.
(10) There is no credible medical evidence that
partial-birth abortions are safer than other abortion
procedures. No controlled studies of partial-birth
abortion have been conducted nor have any comparative
studies been conducted to demonstrate its safety and
efficacy compared to other abortion methods. Furthermore,
there have been no articles published in peer-reviewed
journals that establish that partial-birth abortions are
superior in any way to established abortion procedures.
(11) In light of this overwhelming evidence, the State
of Illinois has a compelling interest in prohibiting
partial-birth abortion. Both Roe v. Wade, 410 U.S. 113
(1973), and Planned Parenthood v. Casey, 505 U.S. 833
(1992), recognized a governmental interest in protecting
the life of a child during the birth process. This
interest is specifically implicated during a partial-birth
abortion because labor is induced and the birth process is
begun before an abortion is attempted or the child is
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(12) In fact, partial-birth abortion kills a child who
is mere inches away from birth and being considered a
"person" under Roe. Thus, this State clearly has a
heightened interest in protecting the life of the
partially born child.
(13) The public's perception of the appropriate role
of a physician during a child's birth is undermined by
aborting a child in the manner that purposefully seeks to
kill the child inches from birth.
(14) Partial-birth abortion is disturbingly similar to
the killing of a newborn infant and blurs the legal and
moral lines between infanticide and abortion. This Act
reinforces that line at birth – just as the Supreme Court
established in Roe v. Wade – while also preserving the
integrity of the medical profession and promoting respect
for human life.
(15) The vast majority of infants killed during
partial-birth abortions are alive until the very end of
the procedure. Medical science has established that an
unborn child can feel pain when subjected to painful
stimuli like that inflicted during a partial-birth
abortion procedure. Moreover, fetal pain experts believe
that an unborn child's perception of pain can be even more
intense than that of newborn infants and older children
subjected to the same stimuli.
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(b) Based on the findings in subsection (a), the purposes
of the General Assembly are to:
(1) conclusively establish that partial-birth abortion
is never medically indicated to preserve the health of the
mother and instead poses significant maternal health
(2) clearly define the line between abortion and
(3) safeguard the role of a physician during
(a) As used in this Act, "partial-birth abortion" means an
abortion in which the person performing the abortion:
(1) deliberately and intentionally vaginally delivers
a living fetus until, in the case of a head-first
presentation, the entire fetal head is outside the body of
the mother, or, in the case of breech presentation, any
part of the fetal trunk past the navel is outside the body
of the mother, for the purpose of performing an overt act
that the person knows will kill the partially delivered
living fetus; and
(2) performs the overt act, other than completion of
delivery, which kills the partially delivered living
(b) The terms "fetus" and "infant" are used
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interchangeably to refer to the biological offspring of human
Partial-birth abortions prohibited.
Notwithstanding any other law to the contrary, any person who
knowingly performs a partial-birth abortion and thereby kills
a human fetus or infant is guilty of a Class 4 felony. 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.
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, in a civil
action, appropriate relief unless the pregnancy resulted from
the plaintiff's criminal conduct or the plaintiff consented to
the abortion. The relief shall include money damages for all
injuries, psychological and physical, occasioned by the
violation of this Act and statutory damages equal to 3 times
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the cost of the partial-birth abortion.
Prosecution of woman prohibited.
A woman on
whom a partial-birth abortion is performed may not be
prosecuted under this Act, for a conspiracy to violate this
Act, or for an offense under Article 31 of the Criminal Code of
2012 based on a violation of this Act, nor may she be held
accountable under Article 5 of the Criminal Code of 2012 for an
offense based on a violation of this Act.
This Act takes effect upon