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92_SB1094sam001
SRS92SB1094JJapam01
1 AMENDMENT TO SENATE BILL 1094
2 AMENDMENT NO. . Amend Senate Bill 1094 on page 1, by
3 inserting after line 5 the following:
4 "Section 5. Findings and intent. The General Assembly
5 finds that all children who are born alive are entitled to
6 equal protection under the law regardless of the
7 circumstances surrounding the birth. Children who are born
8 alive as the result of an induced labor abortion or any other
9 abortion are in special need of protection due to the fact
10 that the intent of their birth is to cause the death of the
11 born child. Therefore, it is the intent of the General
12 Assembly to protect a child who is born alive as the result
13 of an induced labor abortion or any other abortion and to
14 ensure that the child receives all medical care necessary to
15 preserve and protect the life, health, and safety of the
16 child.
17 Section 10. Induced labor abortion; actions. If a child
18 is born alive after an induced labor abortion or any other
19 abortion, a parent of the child or the public guardian of the
20 county in which the child was born may maintain an action on
21 the child's behalf for damages, including all costs of care
22 to preserve and protect the life, health, and safety of the
-2- SRS92SB1094JJapam01
1 child, punitive damages, costs of suit, and attorney's fees
2 against any hospital, health care facility, or health care
3 provider who harms or neglects the child or fails to provide
4 medical care to the child after the child's birth. Any
5 damages recovered shall be used to pay for the cost of
6 preserving and protecting the life, health, and safety of the
7 child. If the child does not survive, the balance remaining
8 after the costs of preserving and protecting the life,
9 health, and safety of the child are paid, shall be deposited
10 into the Neonatal Care and Perinatal Hospice Fund.
11 Section 20. Neonatal Care and Perinatal Hospice Fund.
12 The Neonatal Care and Perinatal Hospice Fund is created as a
13 special fund in the State Treasury. Moneys deposited into the
14 Fund shall, subject to appropriation, be used by the
15 Department of Public Health to make grants for neonatal care
16 or perinatal hospice.
17 Section 90. The State Finance Act is amended by adding
18 Section 5.545 as follows:
19 (30 ILCS 105/5.545 new)
20 Sec. 5.545. The Neonatal Care and Perinatal Hospice
21 Fund.".