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92_SB1094eng SB1094 Engrossed SRS92SB0021JJap 1 AN ACT in relation to civil liabilities. 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 Induced Birth Infant Liability Act. 6 Section 5. Findings and intent. The General Assembly 7 finds that all children who are born alive are entitled to 8 equal protection under the law regardless of the 9 circumstances surrounding the birth. Children who are born 10 alive as the result of an induced labor abortion or any other 11 abortion are in special need of protection due to the fact 12 that the intent of their birth is to cause the death of the 13 born child. Therefore, it is the intent of the General 14 Assembly to protect a child who is born alive as the result 15 of an induced labor abortion or any other abortion and to 16 ensure that the child receives all medical care necessary to 17 preserve and protect the life, health, and safety of the 18 child. 19 Section 10. Induced labor abortion; actions. If a child 20 is born alive after an induced labor abortion or any other 21 abortion, a parent of the child or the public guardian of the 22 county in which the child was born may maintain an action on 23 the child's behalf for damages, including all costs of care 24 to preserve and protect the life, health, and safety of the 25 child, punitive damages, costs of suit, and attorney's fees 26 against any hospital, health care facility, or health care 27 provider who harms or neglects the child or fails to provide 28 medical care to the child after the child's birth. Any 29 damages recovered shall be used to pay for the cost of 30 preserving and protecting the life, health, and safety of the SB1094 Engrossed -2- SRS92SB0021JJap 1 child. If the child does not survive, the balance remaining 2 after the costs of preserving and protecting the life, 3 health, and safety of the child are paid, shall be deposited 4 into the Neonatal Care and Perinatal Hospice Fund. 5 Section 20. Neonatal Care and Perinatal Hospice Fund. 6 The Neonatal Care and Perinatal Hospice Fund is created as a 7 special fund in the State treasury. Moneys deposited into the 8 Fund shall, subject to appropriation, be used by the 9 Department of Public Health to make grants for neonatal care 10 or perinatal hospice. 11 Section 90. The State Finance Act is amended by adding 12 Section 5.545 as follows: 13 (30 ILCS 105/5.545 new) 14 Sec. 5.545. The Neonatal Care and Perinatal Hospice 15 Fund.