summary
Introduced
02/04/2025
02/04/2025
In Committee
02/06/2025
02/06/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Creates the Infant Born Alive Protection Act. Provides that any physician who intentionally performs an abortion when there is a reasonable likelihood or possibility of sustained survival of the fetus outside the womb shall utilize the method most likely to preserve the life and health of the fetus, and that failure to do so is a Class 3 felony. Prohibits the performance or inducement of an abortion when the fetus is viable unless there is in attendance a physician other than the physician performing or inducing the abortion who shall take control of and provide immediate medical care for any child born alive as a result of the abortion. Provides that any living individual organism of the species homo sapiens who has been born alive is legally an individual under the Criminal Code of 2012. Provides that a Class 3 felony is committed when a physician under specified circumstances intentionally, knowingly, or recklessly fails to exercise the same conduct to preserve the life and health of a child as would be required for a child born alive at the same gestational age. Provides that nothing in the Act requires a physician to employ a method of abortion which, in the medical judgment of the physician, would increase medical risk to the mother. Except in specified circumstances, requires specified persons to inform a woman upon whom an abortion is to be performed when an anesthetic or analgesic is available for use to abolish or alleviate organic pain caused to the fetus by the particular method of abortion to be employed and provides that failure to do so is a Class B misdemeanor.
AI Summary
This bill, known as the Infant Born Alive Protection Act, establishes several key provisions related to abortion procedures and the medical care of fetuses with a reasonable likelihood of survival. The bill requires physicians performing an abortion when there is a possibility of fetal survival to use the method most likely to preserve the fetus's life and health, and to document their medical reasoning in writing. It mandates that for viable fetuses, a second physician must be present to provide immediate medical care if the fetus is born alive, treating the newborn with the same standard of care as a child born at the same gestational age. The bill defines any living human organism born alive as an individual under the Criminal Code and specifies that physicians who fail to follow these guidelines can be charged with a Class 3 felony. Additionally, the bill requires physicians to inform women about available anesthetics or analgesics that could alleviate fetal pain during viable pregnancies, with exceptions for medical emergencies or situations where pain management might decrease fetal survival chances. The legislation emphasizes that physicians are not required to use abortion methods that would increase medical risk to the mother, providing a medical judgment exception to the requirements.
Sponsors (1)
Last Action
Referred to Rules Committee (on 02/06/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2622&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB2622.htm |
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