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90_SB0230 New Act Creates the Partial-birth Abortion Ban Act. Prohibits partial-birth abortions unless necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, provided that no other medical procedure would suffice for that purpose. Makes performance of a partial-birth abortion a Class 4 felony. Provides for a civil action by the father and maternal grandparents of the fetus. Prohibits prosecution of a woman on whom a partial-birth abortion is performed. Effective 60 days after becoming law. LRB9001038DJcdB LRB9001038DJcdB 1 AN ACT concerning abortions. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Partial-birth Abortion Ban Act. 6 Section 5. Definitions. In this Act: 7 "Partial-birth abortion" means an abortion in which the 8 person performing the abortion partially vaginally delivers a 9 living human fetus or infant before killing the fetus or 10 infant and completing the delivery. The terms "fetus" and 11 "infant" are used interchangeably to refer to the biological 12 offspring of human parents. 13 Section 10. Partial-birth abortions prohibited. Any 14 person who knowingly performs a partial-birth abortion and 15 thereby kills a human fetus or infant is guilty of a Class 4 16 felony. This Section does not apply to a partial-birth 17 abortion that is necessary to save the life of a mother 18 because her life is endangered by a physical disorder, 19 physical illness, or physical injury, including a 20 life-endangering condition caused by or arising from the 21 pregnancy itself, provided that no other medical procedure 22 would suffice for that purpose. 23 Section 15. Civil action. The father of the fetus or 24 infant and the maternal grandparents of the fetus or infant, 25 if the mother has not attained the age of 18 years at the 26 time of the abortion, may in a civil action obtain 27 appropriate relief unless the pregnancy resulted from the 28 plaintiff's criminal conduct or the plaintiff consented to 29 the abortion. The relief shall include money damages for all -2- LRB9001038DJcdB 1 injuries, psychological and physical, occasioned by the 2 violation of this Act and statutory damages equal to 3 times 3 the cost of the partial-birth abortion. 4 Section 20. Prosecution of woman prohibited. A woman on 5 whom a partial-birth abortion is performed may not be 6 prosecuted under this Act, for a conspiracy to violate this 7 Act, or for an offense under Article 31 of the Criminal Code 8 of 1961 based on a violation of this Act, nor may she be held 9 accountable under Article 5 of the Criminal Code of 1961 for 10 an offense based on a violation of this Act. 11 Section 99. Effective date. This Act takes effect 60 12 days after becoming law.
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