summary
Introduced
02/09/2021
02/09/2021
In Committee
03/27/2021
03/27/2021
Crossed Over
Passed
Dead
04/08/2022
04/08/2022
Introduced Session
102nd General Assembly
Bill Summary
Creates the Partial-Birth Abortion Ban Act of 2021. Provides that any person who knowingly performs a partial-birth abortion and thereby kills a human fetus or infant is guilty of a Class 4 felony. Provides that a person shall only perform or induce a partial-birth abortion on a viable fetus if: (i) the person is a physician; (ii) the person has a documented referral from another physician not legally or financially affiliated with the person performing or inducing the abortion; (iii) both physicians determine that the life of the mother is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering condition caused by or arising from the pregnancy itself; and (iv) there is no other medical procedure that would suffice for that purpose. Provides that the maternal grandparents of the fetus or infant, if the mother has not attained the age of 18 years at the time of the abortion, may obtain appropriate relief unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. Provides that a woman on whom a partial-birth abortion is performed may not be prosecuted under the Act, for a conspiracy to violate the Act, or for an offense under Article 31 of the Criminal Code of 2012, nor may she be held accountable under Article 5 of the Criminal Code of 2012. Effective immediately.
AI Summary
This bill, the Partial-Birth Abortion Ban Act of 2021, prohibits the procedure known as "partial-birth abortion," which is defined as the intentional delivery of a living fetus until the head or a significant part of the body is outside the mother's body, followed by an overt act to kill the partially delivered fetus. The bill establishes that partial-birth abortion is never medically necessary to preserve the health of the mother and poses significant health risks. It also creates a Class 4 felony for anyone who knowingly performs a partial-birth abortion, though the woman on whom the procedure is performed cannot be prosecuted. The bill allows the maternal grandparents of the fetus or infant to seek civil relief if the mother is under 18 years of age, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. The bill aligns with the 2007 U.S. Supreme Court decision in Gonzales v. Carhart, which upheld a federal ban on partial-birth abortion without a maternal health exception.
Committee Categories
Government Affairs, Health and Social Services
Sponsors (7)
Adam Niemerg (R)*,
Andrew Chesney (R),
Randy Frese (R),
Tony McCombie (R),
Joe Sosnowski (R),
Ryan Spain (R),
Dan Swanson (R),
Last Action
Added Co-Sponsor Rep. Ryan Spain (on 03/03/2022)
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