Full Text of SB2632 93rd General Assembly
SB2632 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2632
Introduced 2/4/2004, by John O. Jones SYNOPSIS AS INTRODUCED: |
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720 ILCS 510/6 |
from Ch. 38, par. 81-26 |
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Amends the Illinois Abortion Law of 1975. Provides that no abortion procedure that, in the medical judgment of
the attending physician, has a reasonable likelihood of resulting in
a live born child shall be undertaken unless there is in attendance a
physician other than the physician performing or inducing the abortion
who shall address the child's viability and provide medical care for
the child. Provides that a physician inducing an abortion that results
in a live born child shall provide for the soonest practicable
attendance of a physician other than the physician performing or
inducing the abortion to immediately assess the child's viability and
provide medical care for the child. Provides that a live child born as
a result of an abortion shall be fully recognized as a human person
and that all reasonable measures consistent with good medical practice
shall be taken to preserve the life and health of the child. Effective
immediately.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2632 |
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LRB093 18466 RLC 44179 b |
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| AN ACT concerning abortion.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Abortion Law of 1975 is amended by | 5 |
| changing
Section 6 as follows:
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| (720 ILCS 510/6) (from Ch. 38, par. 81-26)
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| Sec. 6. (1) (a) Any physician who intentionally performs an | 8 |
| abortion
when, in his medical judgment based on the particular | 9 |
| facts of the case before
him,
there is a reasonable likelihood | 10 |
| of sustained survival of the fetus outside
the womb, with or | 11 |
| without artificial support, shall utilize that method of
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| abortion which, of those he knows to be available, is in his | 13 |
| medical
judgment most likely to preserve the life and health of | 14 |
| the fetus.
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| (b) The physician shall certify in writing, on a form | 16 |
| prescribed by the
Department under Section 10 of this Act, the | 17 |
| available methods considered
and the reasons for choosing the | 18 |
| method employed.
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| (c) Any physician who intentionally, knowingly, or | 20 |
| recklessly violates
the provisions of Section 6(1)(a) commits a | 21 |
| Class 3 felony.
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| (2) (a) No abortion shall be performed or induced when the | 23 |
| fetus is
viable unless there is in attendance a physician other | 24 |
| than the physician
performing or inducing the abortion who | 25 |
| shall take control of and provide
immediate medical care for | 26 |
| any child born alive as a result of the
abortion.
No abortion | 27 |
| procedure which, in the medical judgment of the attending
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| physician, has a reasonable likelihood of resulting in a live | 29 |
| born child shall
be undertaken unless there is in attendance a | 30 |
| physician other than the
physician performing or inducing the | 31 |
| abortion who shall assess the child's
viability and provide | 32 |
| medical care for the child.
These requirements
This requirement
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SB2632 |
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LRB093 18466 RLC 44179 b |
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| shall not apply when, in the medical judgment
of the physician | 2 |
| performing or inducing the abortion based on the
particular | 3 |
| facts of the case before him, there exists a medical emergency;
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| in such a case, the physician shall describe the basis of this | 5 |
| judgment on
the form prescribed by Section 10 of this Act.
In | 6 |
| any event, a physician inducing or performing an abortion which | 7 |
| results in
a live born child shall provide for the soonest | 8 |
| practicable attendance of a
physician other than the physician | 9 |
| performing or inducing the abortion to
immediately assess the | 10 |
| child's viability and provide medical care for the
child.
Any | 11 |
| physician who
intentionally performs or induces such an | 12 |
| abortion and who intentionally,
knowingly, or recklessly fails | 13 |
| to arrange for the attendance of such a
second physician in | 14 |
| violation of Section 6(2)(a) commits a Class 3 felony.
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| (b) Subsequent to the abortion, if a child is born alive, | 16 |
| the physician
required by Section 6(2)(a) to be in attendance | 17 |
| shall exercise the same
degree of professional skill, care and | 18 |
| diligence to preserve the life and
health of the child as would | 19 |
| be required of a physician providing immediate
medical care to | 20 |
| a child born alive in the course of a pregnancy termination
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| which was not an abortion. Any such physician who | 22 |
| intentionally,
knowingly, or recklessly violates Section | 23 |
| 6(2)(b) commits a Class 3 felony.
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| (3) The law of this State shall not be construed to imply | 25 |
| that any
living individual organism of the species homo sapiens | 26 |
| who has been born
alive is not an individual under
the | 27 |
| "Criminal Code of 1961,"
approved July 28, 1961, as amended.
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| (3.5) A live child born as a result of an abortion shall be | 29 |
| fully
recognized as a human person and accorded immediate | 30 |
| protection under the law.
All reasonable measures consistent | 31 |
| with good medical practice, including the
compilation of | 32 |
| appropriate medical records, shall be taken to preserve the
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| life
and health of the child.
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| (4) (a) Any physician who intentionally performs an | 35 |
| abortion when, in
his medical judgment based on the particular | 36 |
| facts of the case before him,
there is a reasonable possibility |
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SB2632 |
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LRB093 18466 RLC 44179 b |
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| of sustained survival of the fetus
outside the womb, with or | 2 |
| without artificial support, shall utilize that
method of | 3 |
| abortion which, of those he knows to be available, is in his
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| medical judgment most likely to preserve the life and health of | 5 |
| the fetus.
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| (b) The physician shall certify in writing, on a form | 7 |
| prescribed by the
Department under Section 10 of this Act, the | 8 |
| available methods considered
and the reasons for choosing the | 9 |
| method employed.
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| (c) Any physician who intentionally, knowingly, or | 11 |
| recklessly violates
the provisions of Section 6(4)(a) commits a | 12 |
| Class 3 felony.
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| (5) Nothing in Section 6 requires a physician to employ
a | 14 |
| method of abortion which, in the medical judgment of the | 15 |
| physician
performing the abortion based on the particular facts | 16 |
| of the
case before him, would increase medical risk to the | 17 |
| mother.
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| (6) When the fetus is viable and when there exists | 19 |
| reasonable
medical certainty (a) that the particular
method of | 20 |
| abortion to be employed will cause organic pain to the fetus, | 21 |
| and
(b) that use of an
anesthetic or analgesic would abolish or | 22 |
| alleviate organic
pain to the fetus caused by the particular | 23 |
| method of abortion to be employed,
then the physician who is to | 24 |
| perform the abortion or his agent or the
referring physician or | 25 |
| his agent shall inform the woman upon
whom the abortion is to | 26 |
| be performed that such an
anesthetic or analgesic is available, | 27 |
| if he knows it to be available,
for use to abolish or alleviate | 28 |
| organic
pain caused to the fetus by the particular method of | 29 |
| abortion to be employed.
Any person who performs an abortion | 30 |
| with knowledge that any such reasonable
medical certainty | 31 |
| exists and that such an anesthetic or analgesic is
available, | 32 |
| and intentionally
fails to so inform
the woman or to ascertain | 33 |
| that the woman has been so informed commits a
Class B | 34 |
| misdemeanor. The foregoing requirements of subsection (6) of | 35 |
| Section 6 shall
not apply (a) when in the medical judgment of | 36 |
| the physician who is to perform
the abortion or the referring |
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| physician based upon the particular facts
of the case before | 2 |
| him: (i) there
exists a medical emergency, or (ii) the | 3 |
| administration of such an anesthetic or
analgesic would | 4 |
| decrease a possibility of sustained survival of
the fetus apart | 5 |
| from the body of the mother, with
or without artificial
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| support, or (b) when the physician
who is to perform the | 7 |
| abortion administers an anesthetic or an analgesic
to the woman | 8 |
| or the fetus and he knows there exists reasonable medical
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| certainty that such use will abolish organic pain caused to the | 10 |
| fetus during
the course of the abortion.
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| (7) No person shall sell or experiment upon a fetus | 12 |
| produced by the
fertilization of a human ovum by a human sperm | 13 |
| unless such experimentation
is therapeutic to the fetus thereby
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| produced. Intentional violation of this section is a Class A | 15 |
| misdemeanor.
Nothing in this subsection (7) is intended to | 16 |
| prohibit the performance of
in vitro fertilization.
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| (8) No person shall intentionally perform an abortion with | 18 |
| knowledge
that the pregnant woman is seeking the abortion | 19 |
| solely on account of the
sex of the fetus. Nothing in Section | 20 |
| 6(8) shall be construed to proscribe
the performance of an | 21 |
| abortion on account of the sex of the fetus because
of a | 22 |
| genetic disorder linked to that sex. If the application of | 23 |
| Section
6(8) to the period of pregnancy prior to viability is | 24 |
| held invalid, then
such invalidity shall not affect its | 25 |
| application to the period of pregnancy
subsequent to viability.
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| (Source: P.A. 84-1001.)
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| Section 99. Effective date. This Act takes effect upon | 28 |
| becoming law. |
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