Bill Text: IL SB1909 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Consumer Fraud and Deceptive Business Practices Act. Prohibits a limited services pregnancy center from engaging in unfair methods of competition or unfair or deceptive acts or practices: (1) to interfere with or prevent an individual from seeking to gain entry or access to a provider of abortion or emergency contraception; (2) to induce an individual to enter or access the limited services pregnancy center; (3) in advertising, soliciting, or otherwise offering pregnancy-related services; or (4) in conducting, providing, or performing pregnancy-related services. Defines terms. Sets forth legislative intent. Effective immediately.

Spectrum: Partisan Bill (Democrat 57-0)

Status: (Passed) 2023-07-27 - Public Act . . . . . . . . . 103-0270 [SB1909 Detail]

Download: Illinois-2023-SB1909-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1909 Introduced 2/9/2023, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
New Act
Creates the Deceptive Practices of Limited Services Pregnancy Centers Act. Prohibits a limited services pregnancy center from using or employing any deception, fraud, false pretense, false promise, or misrepresentation, or the concealment, suppression, or omission of any material fact, with the intent that others rely upon the concealment, suppression or omission of such material fact: to interfere with an individual seeking to gain entry or access to a provider of abortion or emergency contraception; to induce an individual to enter or access the limited services pregnancy center; in advertising, soliciting, or otherwise offering pregnancy-related services; or in conducting, providing, or performing pregnancy-related services. Allows the Attorney General to enforce the Act when: it appears to the Attorney General that a limited services pregnancy center has engaged in, is engaging in, or is about to engage in any practice declared to be unlawful by the Act; the Attorney General receives a written complaint of the commission of a practice declared to be unlawful under the Act; or the Attorney General believes it to be in the public interest that an investigation should be made to ascertain whether a limited services pregnancy center has engaged in, is engaging in, or is about to engage in, any practice declared to be unlawful by the Act. Establishes the remedies available under the Act for violation of the Act, including preliminary or permanent injunction and a civil penalty not to exceed $50,000. Allows any party aggrieved by a violation of the Act to bring an action against any limited services pregnancy center that has committed such a violation, in which the court may award actual damages and any other relief the court deems proper. Effective immediately.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Deceptive Practices of Limited Services Pregnancy Centers Act.
Section 5. Purpose. The laws and public policy of this
State have established the fundamental rights of individuals
to make autonomous decisions about their own reproductive
health, including the fundamental right to use or refuse
reproductive health care. The State has an interest to protect
against deceptive, fraudulent, and misleading practices that
interfere with an individual's ability to make autonomous,
informed and evidence-based decisions about their reproductive
health and have timely access to quality reproductive health
care that adheres to accepted standards of clinical practice.
Section 10. Definitions. As used in this Act:
"Abortion" means the use of any instrument, medicine,
drug, or any other substance or device to terminate the
pregnancy of an individual known to be pregnant with an
intention other than to increase the probability of a live
birth, to preserve the life or health of the child after live
birth, or to remove a dead fetus, as defined in Section 1-10 of

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the Reproductive Health Act.
"Emergency contraception" means medication approved by the
federal Food and Drug Administration that can significantly
reduce the risk of pregnancy if taken within 72 hours after
unprotected sexual intercourse.
"Limited services pregnancy center" means an organization
or facility, including a mobile facility, that:
(1) does not directly provide abortions or prescribe
emergency contraception, or provide referrals for
abortions or emergency contraception, and has no
affiliation with any organization or provider who provides
abortions or prescribes emergency contraception; and
(2) has the primary purpose to offer or provide
pregnancy-related services to an individual who is or has
reason to believe the individual may be pregnant.
"Limited services pregnancy center" does not include a health
care professional licensed by the Department of Financial and
Professional Regulation. "Limited services pregnancy center"
includes an organization or facility that has employees,
volunteers, or agents who are health care professionals
licensed by the Department of Financial and Professional
Regulation.
"Pregnancy-related services" means any medical service, or
health counseling service, related to pregnancy or pregnancy
prevention, including, but not limited to, contraception and
contraceptive counseling, pregnancy testing, pregnancy

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diagnosis, pregnancy options counseling, limited obstetric
ultrasound, obstetric ultrasound, obstetric sonogram, and
prenatal care.
Section 15. Deceptive acts or practices.
(a) A limited services pregnancy center shall not use or
employ any deception, fraud, false pretense, false promise, or
misrepresentation, or the concealment, suppression, or
omission of any material fact, with the intent that others
rely upon the concealment, suppression or omission of such
material fact:
(1) to interfere with an individual seeking to gain
entry or access to a provider of abortion or emergency
contraception;
(2) to induce an individual to enter or access the
limited services pregnancy center;
(3) in advertising, soliciting, or otherwise offering
pregnancy-related services; or
(4) in conducting, providing, or performing
pregnancy-related services.
(b) A violation of this Section is unlawful whether any
individual has been misled, deceived, or damaged thereby.
Section 20. Enforcement by the Attorney General.
(a) When it appears to the Attorney General that a limited
services pregnancy center has engaged in, is engaging in, or

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is about to engage in any practice declared to be unlawful by
this Act, when the Attorney General receives a written
complaint of the commission of a practice declared to be
unlawful under this Act, or when the Attorney General believes
it to be in the public interest that an investigation should be
made to ascertain whether a limited services pregnancy center
has engaged in, is engaging in, or is about to engage in, any
practice declared to be unlawful by this Act, the Attorney
General may:
(1) require that limited services pregnancy center to
file on such terms as the Attorney General prescribes a
statement or report in writing under oath or otherwise, as
to all information as the Attorney General may consider
necessary;
(2) examine under oath any person in connection with
the potential violation of this Act;
(3) examine any record, book, document, account, or
paper as the Attorney General may consider necessary; and
(4) pursuant to an order of a circuit court, impound
any record, book, document, account, or paper that is
produced in accordance with this Act, and retain it in the
Attorney General's possession until the completion of all
proceedings in connection with which it is produced.
(b) To accomplish the objectives and to carry out the
duties prescribed by this Act, the Attorney General, in
addition to other powers conferred upon the Attorney General

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by this Act, may issue subpoenas to any person, administer an
oath or affirmation to any person, conduct hearings in aid of
any investigation or inquiry, prescribe such forms and adopt
such rules as may be necessary, which rules shall have the
force of law.
(c) Service by the Attorney General of any notice
requiring a person to file a statement or report, or of a
subpoena upon any person, shall be made:
(1) personally by delivery of a duly executed copy
thereof to the person to be served, or if a person is not a
natural person, in the manner provided in the Civil
Practice Law when a complaint is filed; or
(2) by mailing by certified mail a duly executed copy
thereof to the person to be served at the person's last
known abode or principal place of business within this
State.
(d) If any person fails or refuses to file any statement or
report, or obey any subpoena issued by the Attorney General,
the Attorney General may file a complaint in the circuit court
for the:
(1) granting of injunctive relief, restraining the
conduct constituting a violation of this Act; and
(2) granting of such other relief as may be required
until the person files the statement or report or obeys
the subpoena.
(e) In the administration of this Act, the Attorney

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General may accept an assurance of voluntary compliance with
respect to any method, act, or practice deemed to be in
violation of this Act from any limited services pregnancy
center who has engaged in, is engaging in, or was about to
engage in such method, act, or practice. Evidence of a
violation of an assurance of voluntary compliance shall be
prima facie evidence of a violation of this Act in any
subsequent proceeding brought by the Attorney General against
the alleged violator.
(f) Whenever the Attorney General has reason to believe
that any limited services pregnancy center is using, has used,
or is about to use any method, act, or practice declared by
this Act to be unlawful, and that proceedings would be in the
public interest, the Attorney General may bring an action in
the name of the People of the State against such limited
services pregnancy center to restrain by preliminary or
permanent injunction the use of such method, act, or practice.
The court, in its discretion, may exercise all powers
necessary to implement and enforce the injunction.
(g) In addition to the remedies herein, the Attorney
General may request and the court may impose a civil penalty in
a sum not to exceed $50,000 against any limited services
pregnancy center found by the court to have engaged in any
method, act, or practice declared unlawful under this Act.
(h) This Section applies if:
(1) a court orders a party to make payments to the

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Attorney General and the payments are to be used for the
operations of the Office of the Attorney General; or
(2) a party agrees, in an assurance of voluntary
compliance under this Act, to make payments to the
Attorney General for the operations of the Office of the
Attorney General.
(i) Moneys paid under any of the conditions described in
subsection (h) shall be deposited into the Attorney General
Court Ordered and Voluntary Compliance Payment Projects Fund.
Moneys in the Fund shall be used, subject to appropriation,
for the performance of any function pertaining to the exercise
of the duties of the Attorney General, including, but not
limited to, enforcement of any law of this State and
conducting public education programs; however, any moneys in
the Fund that are required by the court or by an agreement to
be used for a particular purpose shall be used for that
purpose.
(j) In any action brought under the provisions of this
Act, the Attorney General is entitled to recover costs for the
use of this State.
Section 25. Private right of action. Any party aggrieved
by a violation of this Act may bring an action in circuit court
against any limited services pregnancy center that has
committed such a violation. The court, in its discretion, may
award actual damages or any other relief which the court deems

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proper, including, but not limited to, injunctive relief where
appropriate. The court shall award reasonable attorney's fees
and costs to a plaintiff who is a prevailing party in any
action brought pursuant to this Act.
Section 30. Waiver or modification. Any waiver or
modification of the rights, provisions, or remedies of this
Act shall be void and unenforceable.
Section 35. Liberally construed. This Act shall be
liberally construed to effect the purposes thereof.
Section 40. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.