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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2633
Introduced 2/4/2004, by John O. Jones SYNOPSIS AS INTRODUCED:
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New Act |
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30 ILCS 105/5.625 new |
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Creates the Induced Birth Infant Liability Act. Provides that it is the intent of the General Assembly to protect the life of a child born alive as a the result of an induced labor abortion. Provides that a parent of the child or the public guardian of the county in which a child was born alive after an induced labor abortion or any other abortion has a cause of action against any hospital, health care facility, or health care provider that fails to provide medical care for the child after birth. Establishes the Neonatal Care and Perinatal Hospice Fund. Provides that, if a child does not survive, any remaining proceeds of an action shall be deposited into the Fund. Provides that the moneys in the Fund shall be used, subject to appropriation, for neonatal care or perinatal hospice.
Amends the State Finance Act to create the Neonatal Care and Perinatal Hospice Fund. |
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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SB2633 |
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LRB093 18508 LCB 44226 b |
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| AN ACT in relation to civil liabilities.
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| Be it enacted by the People of the State of |
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| Illinois,represented in the General Assembly:
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| Section 1. Short title. This Act may be cited
as the |
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| Induced Birth Infant
Liability Act.
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| Section 5. Findings and intent. The General Assembly finds |
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| that all
children who are born alive are entitled to equal |
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| protection under the law
regardless of the circumstances |
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| surrounding the birth. Children who are born
alive as the |
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| result of an induced labor abortion or any other abortion are |
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| in
special need of
protection due to the fact that the intent |
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| of their birth is to cause the death
of the born child. |
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| Therefore, it is the intent of the General Assembly to
protect
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| a child who is born alive as the result of an induced labor |
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| abortion or any
other abortion and to
ensure
that the child |
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| receives all medical care necessary to preserve and
protect the |
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| life, health, and safety of the child.
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| Section 10. Induced labor abortion; actions. If a child is |
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| born alive after
an
induced labor abortion or any other |
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| abortion, a parent of the child or the
public guardian of the
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| county in which the child was born
may maintain an action on |
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| the child's behalf for damages, including all costs
of
care to |
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| preserve and protect the life, health, and safety of the child,
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| punitive damages, costs
of suit, and
attorney's fees against |
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| any hospital, health care facility, or health care
provider who |
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| harms or neglects the child or fails to provide medical care to
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| the child after the child's birth. Any damages recovered shall |
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| be used to pay
for the cost of preserving and protecting the |
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| life, health, and safety of
the child. If the child does not |
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| survive, the balance remaining after the costs
of preserving |
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| and protecting the life, health, and safety of the child are
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