HC0016 103RD GENERAL ASSEMBLY

LRB103 34785 KTG 64636 e

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0016

Introduced 10/25/2023, by Rep. David Friess

SYNOPSIS AS INTRODUCED:

ILCON Art. XIII, Sec. 9 new

Proposes to amend the General Provisions Article of the Illinois Constitution. Provides that no person shall knowingly perform an abortion upon a minor or any person under legal disability, as defined, unless the person or his or her agent has: (1) given at least 48 hours' actual notice of his or her intention to perform the abortion to an adult family member or legal guardian of the pregnant person; or (2) received a written statement by a referring physician certifying that the referring physician, or his or her agent, has given at least 48 hours' actual notice to an adult family member or legal guardian of the pregnant person. Sets forth circumstances under which notice is not required. Effective upon being declared adopted.

HOUSE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend the Illinois Constitution in Article XIII by adding Section 9 as follows:

ARTICLE XIII

GENERAL PROVISIONS

(ILCON Art. XIII, Sec. 9 new) SECTION 9. PARENTAL NOTIFICATION

(a) As used in this Section:

"Abortion" means the use of any instrument, medicine, drug, or any other substance or device to terminate the pregnancy of a woman known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of a child after live birth, or to remove a dead fetus.

"Actual notice" means the giving of notice directly, in person, or by telephone.

"Adult family member" means a person over 21 years of age who is the parent, grandparent, step-parent living in the household, or legal guardian.

"Constructive notice" means notice by certified mail to the last known address of the person entitled to notice with delivery deemed to have occurred 48 hours after the certified notice is mailed.

"Medical emergency" means a condition that, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of major bodily function.

"Minor" means any person under 18 years of age who is not or has not been married or who has not been emancipated as prescribed by law.

"Neglect" means the failure of an adult family member to supply a minor with necessary food, clothing, shelter, or medical care when reasonably able to do so or the failure to protect a minor from conditions or actions that imminently and seriously endanger the minor's physical or mental health when reasonably able to do so.

"Physical abuse" means any physical injury intentionally inflicted by an adult family member on a minor.

"Physician" means any person licensed in this State to practice medicine in all its branches.

"Person under legal disability" means a person 18 years of age or older who has been adjudged by a court to be a person with a mental illness or a person with a developmental disability and who because of his or her mental illness or developmental disability is not fully able to manage his or her person or estate, and for whom a guardian of the person has been appointed as prescribed by law.

"Sexual abuse" means any sexual conduct or sexual penetration that is prohibited by the criminal laws of this State and committed against a minor by an adult family member.

(b) No person shall knowingly perform an abortion upon a minor or any person under legal disability, unless the person or his or her agent has:

(1) given at least 48 hours' actual notice to an adult family member or legal guardian of the pregnant minor or person under legal disability of his or her intention to perform the abortion; or

(2) received a written statement by a referring physician certifying that the referring physician, or his or her agent, has given at least 48 hours' actual notice to an adult family member or legal guardian of the pregnant minor or person under legal disability. If actual notice is not possible after a reasonable effort, the physician or his or her agent must give 48 hours constructive notice.

(c) Notice shall not be required if:

(1) the minor or person under legal disability is accompanied by an adult family member or legal guardian who is entitled to notice;

(2) notice is waived in writing by an adult family member or legal guardian who is entitled to notice;

(3) the attending physician certifies in the patient's medical record that a medical emergency exists and there is insufficient time to provide the required notice; or

(4) the minor declares in writing that he or she is a victim of sexual abuse, neglect, or physical abuse by an adult family member who is entitled to notice. The person intending to perform the abortion must certify in the patient's medical record that he or she has received the written declaration of abuse or neglect. Any notification to public authorities of the alleged abuse that may be required under the laws of this State need not be made by the person performing the abortion until after the minor receives an abortion.

SCHEDULE

This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.