If enacted, the bill would make knowingly performing a defined abortion procedure that kills a fetus a felony, while shielding the woman from prosecution under listed laws.
A person who knowingly performs a defined abortion procedure and kills the fetus or infant would commit a Class 4 felony. A procedure on a viable fetus would be allowed only under strict medical conditions.
If the mother was under 18, her maternal grandparents could sue over a violation, unless the pregnancy resulted from their criminal conduct or they consented to the abortion. They could seek injury damages and three times the procedure's cost.
A woman who has the defined procedure could not be prosecuted under the Act or held criminally responsible under the listed laws for a violation of the Act.
A person who knowingly performs the defined procedure and thereby kills a fetus or infant would commit a Class 4 felony. The definition covers intentionally delivering a living fetus to the specified point outside the mother's body to perform a separate act known to kill it. For a viable fetus, only a physician may perform or induce the procedure, with a documented referral from a physician who is not legally or financially affiliated with them. Both physicians must determine that the mother's life is endangered by a physical disorder, illness, or injury, including a life-threatening condition caused by pregnancy, and that no other procedure would suffice. The Act would take effect if it becomes law.
The maternal grandparents may bring a civil case seeking relief for a violation of the Act. This applies if the mother was under 18 at the time of the abortion. They may not bring the case if the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion. Relief would include damages for physical and psychological injuries, plus statutory damages equal to three times the procedure's cost. The mother's age is measured at the time of the abortion.
A woman who has the defined procedure could not be prosecuted or held accountable under the listed criminal law provisions for a violation of the Act. This applies to a woman on whom the defined procedure is performed. The protection covers prosecution under the Act, conspiracy to violate it, specified offenses under Article 31, and accountability under Article 5, when based on a violation of the Act. The Act would take effect if it becomes law.
No hearings or votes scheduled.