State of Illinois
90th General Assembly
Legislation

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[ Introduced ]

90_SB0230eng

      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
SB230 Engrossed                               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
SB230 Engrossed             -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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