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| [ Introduced ] | [ Senate Amendment 001 ] |
92_SB1093eng SB1093 Engrossed LRB9207891WHtm 1 AN ACT concerning abortion. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Abortion Law of 1975 is amended 5 by changing Section 6 as follows: 6 (720 ILCS 510/6) (from Ch. 38, par. 81-26) 7 Sec. 6. (1) (a) Any physician who intentionally performs 8 an abortion when, in his medical judgment based on the 9 particular facts of the case before him, there is a 10 reasonable likelihood of sustained survival of the fetus 11 outside the womb, with or without artificial support, shall 12 utilize that method of abortion which, of those he knows to 13 be available, is in his medical judgment most likely to 14 preserve the life and health of the fetus. 15 (b) The physician shall certify in writing, on a form 16 prescribed by the Department under Section 10 of this Act, 17 the available methods considered and the reasons for choosing 18 the method employed. 19 (c) Any physician who intentionally, knowingly, or 20 recklessly violates the provisions of Section 6(1)(a) commits 21 a Class 3 felony. 22 (2) (a) No abortion shall be performed or induced when 23 the fetus is viable unless there is in attendance a physician 24 other than the physician performing or inducing the abortion 25 who shall take control of and provide immediate medical care 26 for any child born alive as a result of the abortion. No 27 abortion procedure which, in the medical judgment of the 28 attending physician, has a reasonable likelihood of resulting 29 in a live born child shall be undertaken unless there is in 30 attendance a physician other than the physician performing or 31 inducing the abortion who shall assess the child's viability SB1093 Engrossed -2- LRB9207891WHtm 1 and provide medical care for the child. These requirements 2This requirementshall not apply when, in the medical 3 judgment of the physician performing or inducing the abortion 4 based on the particular facts of the case before him, there 5 exists a medical emergency; in such a case, the physician 6 shall describe the basis of this judgment on the form 7 prescribed by Section 10 of this Act. In any event, a 8 physician inducing or performing an abortion which results in 9 a live born child shall provide for the soonest practicable 10 attendance of a physician other than the physician performing 11 or inducing the abortion to immediately assess the child's 12 viability and provide medical care for the child. Any 13 physician who intentionally performs or induces such an 14 abortion and who intentionally, knowingly, or recklessly 15 fails to arrange for the attendance of such a second 16 physician in violation of Section 6(2)(a) commits a Class 3 17 felony. 18 (b) Subsequent to the abortion, if a child is born 19 alive, the physician required by Section 6(2)(a) to be in 20 attendance shall exercise the same degree of professional 21 skill, care and diligence to preserve the life and health of 22 the child as would be required of a physician providing 23 immediate medical care to a child born alive in the course of 24 a pregnancy termination which was not an abortion. Any such 25 physician who intentionally, knowingly, or recklessly 26 violates Section 6(2)(b) commits a Class 3 felony. 27 (3) The law of this State shall not be construed to 28 imply that any living individual organism of the species homo 29 sapiens who has been born alive is not an individual under 30 the "Criminal Code of 1961," approved July 28, 1961, as 31 amended. 32 (3.5) A live child born as a result of an abortion shall 33 be fully recognized as a human person and accorded immediate 34 protection under the law. All reasonable measures consistent SB1093 Engrossed -3- LRB9207891WHtm 1 with good medical practice, including the compilation of 2 appropriate medical records, shall be taken to preserve the 3 life and health of the child. 4 (4) (a) Any physician who intentionally performs an 5 abortion when, in his medical judgment based on the 6 particular facts of the case before him, there is a 7 reasonable possibility of sustained survival of the fetus 8 outside the womb, with or without artificial support, shall 9 utilize that method of abortion which, of those he knows to 10 be available, is in his medical judgment most likely to 11 preserve the life and health of the fetus. 12 (b) The physician shall certify in writing, on a form 13 prescribed by the Department under Section 10 of this Act, 14 the available methods considered and the reasons for choosing 15 the method employed. 16 (c) Any physician who intentionally, knowingly, or 17 recklessly violates the provisions of Section 6(4)(a) commits 18 a Class 3 felony. 19 (5) Nothing in Section 6 requires a physician to employ 20 a method of abortion which, in the medical judgment of the 21 physician performing the abortion based on the particular 22 facts of the case before him, would increase medical risk to 23 the mother. 24 (6) When the fetus is viable and when there exists 25 reasonable medical certainty (a) that the particular method 26 of abortion to be employed will cause organic pain to the 27 fetus, and (b) that use of an anesthetic or analgesic would 28 abolish or alleviate organic pain to the fetus caused by the 29 particular method of abortion to be employed, then the 30 physician who is to perform the abortion or his agent or the 31 referring physician or his agent shall inform the woman upon 32 whom the abortion is to be performed that such an anesthetic 33 or analgesic is available, if he knows it to be available, 34 for use to abolish or alleviate organic pain caused to the SB1093 Engrossed -4- LRB9207891WHtm 1 fetus by the particular method of abortion to be employed. 2 Any person who performs an abortion with knowledge that any 3 such reasonable medical certainty exists and that such an 4 anesthetic or analgesic is available, and intentionally fails 5 to so inform the woman or to ascertain that the woman has 6 been so informed commits a Class B misdemeanor. The foregoing 7 requirements of subsection (6) of Section 6 shall not apply 8 (a) when in the medical judgment of the physician who is to 9 perform the abortion or the referring physician based upon 10 the particular facts of the case before him: (i) there exists 11 a medical emergency, or (ii) the administration of such an 12 anesthetic or analgesic would decrease a possibility of 13 sustained survival of the fetus apart from the body of the 14 mother, with or without artificial support, or (b) when the 15 physician who is to perform the abortion administers an 16 anesthetic or an analgesic to the woman or the fetus and he 17 knows there exists reasonable medical certainty that such use 18 will abolish organic pain caused to the fetus during the 19 course of the abortion. 20 (7) No person shall sell or experiment upon a fetus 21 produced by the fertilization of a human ovum by a human 22 sperm unless such experimentation is therapeutic to the fetus 23 thereby produced. Intentional violation of this section is a 24 Class A misdemeanor. Nothing in this subsection (7) is 25 intended to prohibit the performance of in vitro 26 fertilization. 27 (8) No person shall intentionally perform an abortion 28 with knowledge that the pregnant woman is seeking the 29 abortion solely on account of the sex of the fetus. Nothing 30 in Section 6(8) shall be construed to proscribe the 31 performance of an abortion on account of the sex of the fetus 32 because of a genetic disorder linked to that sex. If the 33 application of Section 6(8) to the period of pregnancy prior 34 to viability is held invalid, then such invalidity shall not SB1093 Engrossed -5- LRB9207891WHtm 1 affect its application to the period of pregnancy subsequent 2 to viability. 3 (Source: P.A. 84-1001.) 4 Section 99. Effective date. This Act takes effect upon 5 becoming law.