HB2463 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2463

 

Introduced 2/15/2023, by Rep. Terra Costa Howard

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Deceptive Practices of Limited Services Pregnancy Centers Act. Prohibits a limited services pregnancy center from using or employing any deception, fraud, false pretense, false promise, or misrepresentation, or the concealment, suppression, or omission of any material fact, with the intent that others rely upon the concealment, suppression or omission of such material fact: to interfere with an individual seeking to gain entry or access to a provider of abortion or emergency contraception; to induce an individual to enter or access the limited services pregnancy center; in advertising, soliciting, or otherwise offering pregnancy-related services; or in conducting, providing, or performing pregnancy-related services. Allows the Attorney General to enforce the Act when: it appears to the Attorney General that a limited services pregnancy center has engaged in, is engaging in, or is about to engage in any practice declared to be unlawful by the Act; the Attorney General receives a written complaint of the commission of a practice declared to be unlawful under the Act; or the Attorney General believes it to be in the public interest that an investigation should be made to ascertain whether a limited services pregnancy center has engaged in, is engaging in, or is about to engage in, any practice declared to be unlawful by the Act. Establishes the remedies available under the Act for violation of the Act, including preliminary or permanent injunction and a civil penalty not to exceed $50,000. Allows any party aggrieved by a violation of the Act to bring an action against any limited services pregnancy center that has committed such a violation, in which the court may award actual damages and any other relief the court deems proper. Effective immediately.


LRB103 29622 LNS 56018 b

 

 

A BILL FOR

 

HB2463LRB103 29622 LNS 56018 b

1    AN ACT concerning civil law.
 
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
5Deceptive Practices of Limited Services Pregnancy Centers Act.
 
6    Section 5. Purpose. The laws and public policy of this
7State have established the fundamental rights of individuals
8to make autonomous decisions about their own reproductive
9health, including the fundamental right to use or refuse
10reproductive health care. The State has an interest to protect
11against deceptive, fraudulent, and misleading practices that
12interfere with an individual's ability to make autonomous,
13informed and evidence-based decisions about their reproductive
14health and have timely access to quality reproductive health
15care that adheres to accepted standards of clinical practice.
 
16    Section 10. Definitions. As used in this Act:
17    "Abortion" means the use of any instrument, medicine,
18drug, or any other substance or device to terminate the
19pregnancy of an individual known to be pregnant with an
20intention other than to increase the probability of a live
21birth, to preserve the life or health of the child after live
22birth, or to remove a dead fetus, as defined in Section 1-10 of

 

 

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1the Reproductive Health Act.
2    "Emergency contraception" means medication approved by the
3federal Food and Drug Administration that can significantly
4reduce the risk of pregnancy if taken within 72 hours after
5unprotected sexual intercourse.
6    "Limited services pregnancy center" means an organization
7or facility, including a mobile facility, that:
8        (1) does not directly provide abortions or prescribe
9    emergency contraception, or provide referrals for
10    abortions or emergency contraception, and has no
11    affiliation with any organization or provider who provides
12    abortions or prescribes emergency contraception; and
13        (2) has the primary purpose to offer or provide
14    pregnancy-related services to an individual who is or has
15    reason to believe the individual may be pregnant.
16"Limited services pregnancy center" does not include a health
17care professional licensed by the Department of Financial and
18Professional Regulation. "Limited services pregnancy center"
19includes an organization or facility that has employees,
20volunteers, or agents who are health care professionals
21licensed by the Department of Financial and Professional
22Regulation.
23    "Pregnancy-related services" means any medical service, or
24health counseling service, related to pregnancy or pregnancy
25prevention, including, but not limited to, contraception and
26contraceptive counseling, pregnancy testing, pregnancy

 

 

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1diagnosis, pregnancy options counseling, limited obstetric
2ultrasound, obstetric ultrasound, obstetric sonogram, and
3prenatal care.
 
4    Section 15. Deceptive acts or practices.
5    (a) A limited services pregnancy center shall not use or
6employ any deception, fraud, false pretense, false promise, or
7misrepresentation, or the concealment, suppression, or
8omission of any material fact, with the intent that others
9rely upon the concealment, suppression or omission of such
10material fact:
11        (1) to interfere with an individual seeking to gain
12    entry or access to a provider of abortion or emergency
13    contraception;
14        (2) to induce an individual to enter or access the
15    limited services pregnancy center;
16        (3) in advertising, soliciting, or otherwise offering
17    pregnancy-related services; or
18        (4) in conducting, providing, or performing
19    pregnancy-related services.
20    (b) A violation of this Section is unlawful whether any
21individual has been misled, deceived, or damaged thereby.
 
22    Section 20. Enforcement by the Attorney General.
23    (a) When it appears to the Attorney General that a limited
24services pregnancy center has engaged in, is engaging in, or

 

 

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1is about to engage in any practice declared to be unlawful by
2this Act, when the Attorney General receives a written
3complaint of the commission of a practice declared to be
4unlawful under this Act, or when the Attorney General believes
5it to be in the public interest that an investigation should be
6made to ascertain whether a limited services pregnancy center
7has engaged in, is engaging in, or is about to engage in, any
8practice declared to be unlawful by this Act, the Attorney
9General may:
10        (1) require that limited services pregnancy center to
11    file on such terms as the Attorney General prescribes a
12    statement or report in writing under oath or otherwise, as
13    to all information as the Attorney General may consider
14    necessary;
15        (2) examine under oath any person in connection with
16    the potential violation of this Act;
17        (3) examine any record, book, document, account, or
18    paper as the Attorney General may consider necessary; and
19        (4) pursuant to an order of a circuit court, impound
20    any record, book, document, account, or paper that is
21    produced in accordance with this Act, and retain it in the
22    Attorney General's possession until the completion of all
23    proceedings in connection with which it is produced.
24    (b) To accomplish the objectives and to carry out the
25duties prescribed by this Act, the Attorney General, in
26addition to other powers conferred upon the Attorney General

 

 

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1by this Act, may issue subpoenas to any person, administer an
2oath or affirmation to any person, conduct hearings in aid of
3any investigation or inquiry, prescribe such forms and adopt
4such rules as may be necessary, which rules shall have the
5force of law.
6    (c) Service by the Attorney General of any notice
7requiring a person to file a statement or report, or of a
8subpoena upon any person, shall be made:
9        (1) personally by delivery of a duly executed copy
10    thereof to the person to be served, or if a person is not a
11    natural person, in the manner provided in the Civil
12    Practice Law when a complaint is filed; or
13        (2) by mailing by certified mail a duly executed copy
14    thereof to the person to be served at the person's last
15    known abode or principal place of business within this
16    State.
17    (d) If any person fails or refuses to file any statement or
18report, or obey any subpoena issued by the Attorney General,
19the Attorney General may file a complaint in the circuit court
20for the:
21        (1) granting of injunctive relief, restraining the
22    conduct constituting a violation of this Act; and
23        (2) granting of such other relief as may be required
24    until the person files the statement or report or obeys
25    the subpoena.
26    (e) In the administration of this Act, the Attorney

 

 

HB2463- 6 -LRB103 29622 LNS 56018 b

1General may accept an assurance of voluntary compliance with
2respect to any method, act, or practice deemed to be in
3violation of this Act from any limited services pregnancy
4center who has engaged in, is engaging in, or was about to
5engage in such method, act, or practice. Evidence of a
6violation of an assurance of voluntary compliance shall be
7prima facie evidence of a violation of this Act in any
8subsequent proceeding brought by the Attorney General against
9the alleged violator.
10    (f) Whenever the Attorney General has reason to believe
11that any limited services pregnancy center is using, has used,
12or is about to use any method, act, or practice declared by
13this Act to be unlawful, and that proceedings would be in the
14public interest, the Attorney General may bring an action in
15the name of the People of the State against such limited
16services pregnancy center to restrain by preliminary or
17permanent injunction the use of such method, act, or practice.
18The court, in its discretion, may exercise all powers
19necessary to implement and enforce the injunction.
20    (g) In addition to the remedies herein, the Attorney
21General may request and the court may impose a civil penalty in
22a sum not to exceed $50,000 against any limited services
23pregnancy center found by the court to have engaged in any
24method, act, or practice declared unlawful under this Act.
25    (h) This Section applies if:
26        (1) a court orders a party to make payments to the

 

 

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1    Attorney General and the payments are to be used for the
2    operations of the Office of the Attorney General; or
3        (2) a party agrees, in an assurance of voluntary
4    compliance under this Act, to make payments to the
5    Attorney General for the operations of the Office of the
6    Attorney General.
7    (i) Moneys paid under any of the conditions described in
8subsection (h) shall be deposited into the Attorney General
9Court Ordered and Voluntary Compliance Payment Projects Fund.
10Moneys in the Fund shall be used, subject to appropriation,
11for the performance of any function pertaining to the exercise
12of the duties of the Attorney General, including, but not
13limited to, enforcement of any law of this State and
14conducting public education programs; however, any moneys in
15the Fund that are required by the court or by an agreement to
16be used for a particular purpose shall be used for that
17purpose.
18    (j) In any action brought under the provisions of this
19Act, the Attorney General is entitled to recover costs for the
20use of this State.
 
21    Section 25. Private right of action. Any party aggrieved
22by a violation of this Act may bring an action in circuit court
23against any limited services pregnancy center that has
24committed such a violation. The court, in its discretion, may
25award actual damages or any other relief which the court deems

 

 

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1proper, including, but not limited to, injunctive relief where
2appropriate. The court shall award reasonable attorney's fees
3and costs to a plaintiff who is a prevailing party in any
4action brought pursuant to this Act.
 
5    Section 30. Waiver or modification. Any waiver or
6modification of the rights, provisions, or remedies of this
7Act shall be void and unenforceable.
 
8    Section 35. Liberally construed. This Act shall be
9liberally construed to effect the purposes thereof.
 
10    Section 40. Severability. The provisions of this Act are
11severable under Section 1.31 of the Statute on Statutes.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.