| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
1 | AN ACT concerning parental notice of abortion.
| |||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the | |||||||||||||||||||||
5 | Parental Notice of Abortion Act of 2024.
| |||||||||||||||||||||
6 | Section 5. Legislative findings and purpose. The General | |||||||||||||||||||||
7 | Assembly finds that notification of an adult family member is | |||||||||||||||||||||
8 | in the best interests of an unemancipated minor, and the | |||||||||||||||||||||
9 | General Assembly's purpose in enacting this parental notice | |||||||||||||||||||||
10 | law is to further and protect the best interests of an | |||||||||||||||||||||
11 | unemancipated minor. | |||||||||||||||||||||
12 | The medical, emotional, and psychological consequences of | |||||||||||||||||||||
13 | abortion are sometimes serious and long-lasting, and immature | |||||||||||||||||||||
14 | minors often lack the ability to make fully informed choices | |||||||||||||||||||||
15 | that consider both the immediate and long-range consequences. | |||||||||||||||||||||
16 | Parental consultation is usually in the best interests of | |||||||||||||||||||||
17 | the minor and is desirable since the capacity to become | |||||||||||||||||||||
18 | pregnant and the capacity for mature judgment concerning the | |||||||||||||||||||||
19 | wisdom of an abortion are not necessarily related.
| |||||||||||||||||||||
20 | Section 10. Definitions. As used in this Act: | |||||||||||||||||||||
21 | "Abortion" means the use of any instrument, medicine, | |||||||||||||||||||||
22 | drug, or any other substance or device to terminate the |
| |||||||
| |||||||
1 | pregnancy of a woman known to be pregnant with an intention | ||||||
2 | other than to increase the probability of a live birth, to | ||||||
3 | preserve the life or health of a child after live birth, or to | ||||||
4 | remove a dead fetus. | ||||||
5 | "Actual notice" means the giving of notice directly, in | ||||||
6 | person, or by telephone. | ||||||
7 | "Adult family member" means a person over 21 years of age | ||||||
8 | who is the parent, grandparent, stepparent living in the | ||||||
9 | household, or legal guardian. | ||||||
10 | "Constructive notice" means notice by certified mail to | ||||||
11 | the last known address of the person entitled to notice with | ||||||
12 | delivery deemed to have occurred 48 hours after the certified | ||||||
13 | notice is mailed. | ||||||
14 | "Incompetent" means any person who has been adjudged as | ||||||
15 | mentally ill or as a person with a developmental disability | ||||||
16 | and who, because of her mental illness or developmental | ||||||
17 | disability, is not fully able to manage her person and for whom | ||||||
18 | a guardian of the person has been appointed under paragraph | ||||||
19 | (1) of subsection (a) of Section 11a-3 of the Probate Act of | ||||||
20 | 1975. | ||||||
21 | "Medical emergency" means a condition that, on the basis | ||||||
22 | of the physician's good faith clinical judgment, so | ||||||
23 | complicates the medical condition of a pregnant woman as to | ||||||
24 | necessitate the immediate abortion of her pregnancy to avert | ||||||
25 | her death or for which a delay will create serious risk of | ||||||
26 | substantial and irreversible impairment of major bodily |
| |||||||
| |||||||
1 | function. | ||||||
2 | "Minor" means any person under 18 years of age who is not | ||||||
3 | or has not been married or who has not been emancipated under | ||||||
4 | the Emancipation of Minors Act. | ||||||
5 | "Neglect" means the failure of an adult family member to | ||||||
6 | supply a child with necessary food, clothing, shelter, or | ||||||
7 | medical care when reasonably able to do so or the failure to | ||||||
8 | protect a child from conditions or actions that imminently and | ||||||
9 | seriously endanger the child's physical or mental health when | ||||||
10 | reasonably able to do so. | ||||||
11 | "Physical abuse" means any physical injury intentionally | ||||||
12 | inflicted by an adult family member on a child. | ||||||
13 | "Physician" means any person licensed to practice medicine | ||||||
14 | in all its branches under the Medical Practice Act of 1987. | ||||||
15 | "Sexual abuse" means any sexual conduct or sexual | ||||||
16 | penetration as defined in Section 11-0.1 of the Criminal Code | ||||||
17 | of 2012 that is prohibited by the criminal laws of this State | ||||||
18 | and committed against a minor by an adult family member as | ||||||
19 | defined in this Act.
| ||||||
20 | Section 15. Notice to adult family member. No person shall | ||||||
21 | knowingly perform an abortion upon a minor or upon an | ||||||
22 | incompetent person unless the physician or his or her agent | ||||||
23 | has given at least 48 hours actual notice to an adult family | ||||||
24 | member of the pregnant minor or incompetent person of his or | ||||||
25 | her intention to perform the abortion, unless that person or |
| |||||||
| |||||||
1 | his or her agent has received a written statement by a | ||||||
2 | referring physician certifying that the referring physician or | ||||||
3 | his or her agent has given at least 48 hours notice to an adult | ||||||
4 | family member of the pregnant minor or incompetent person. If | ||||||
5 | actual notice is not possible after a reasonable effort, the | ||||||
6 | physician or his or her agent must give 48 hours constructive | ||||||
7 | notice.
| ||||||
8 | Section 20. Exceptions. Notice shall not be required under | ||||||
9 | this Act if: | ||||||
10 | (1) the minor or incompetent person is accompanied by | ||||||
11 | a person entitled to notice; | ||||||
12 | (2) notice is waived in writing by a person who is | ||||||
13 | entitled to notice; | ||||||
14 | (3) the attending physician certifies in the patient's | ||||||
15 | medical record that a medical emergency exists and there | ||||||
16 | is insufficient time to provide the required notice; | ||||||
17 | (4) the minor declares in writing that she is a victim | ||||||
18 | of sexual abuse, neglect, or physical abuse by an adult | ||||||
19 | family member. The attending physician must certify in the | ||||||
20 | patient's medical record that he or she has received the | ||||||
21 | written declaration of abuse or neglect. Any notification | ||||||
22 | of public authorities of abuse that may be required under | ||||||
23 | other laws of this State need not be made by the person | ||||||
24 | performing the abortion until after the minor receives an | ||||||
25 | abortion that otherwise complies with the requirements of |
| |||||||
| |||||||
1 | this Act; or | ||||||
2 | (5) notice is waived under Section 25.
| ||||||
3 | Section 25. Procedure for judicial waiver of notice. | ||||||
4 | (a) The requirements and procedures under this Section are | ||||||
5 | available to minors and incompetent persons whether or not | ||||||
6 | they are residents of this State. | ||||||
7 | (b) The minor or incompetent person may petition any | ||||||
8 | circuit court for a waiver of the notice requirement and may | ||||||
9 | participate in proceedings on her own behalf. The court shall | ||||||
10 | appoint a guardian ad litem for her. Any guardian ad litem | ||||||
11 | appointed under this Act shall act to maintain the | ||||||
12 | confidentiality of the proceedings. The circuit court shall | ||||||
13 | advise her that she has a right to court-appointed counsel and | ||||||
14 | shall provide her with counsel upon her request. | ||||||
15 | (c) Court proceedings under this Section shall be | ||||||
16 | confidential and shall ensure the anonymity of the minor or | ||||||
17 | incompetent person. All court proceedings under this Section | ||||||
18 | shall be sealed. The minor or incompetent person shall have | ||||||
19 | the right to file her petition in the circuit court using a | ||||||
20 | pseudonym or using solely her initials. All documents related | ||||||
21 | to this petition shall be confidential and shall not be made | ||||||
22 | available to the public. | ||||||
23 | These proceedings shall be given precedence over other | ||||||
24 | pending matters to the extent necessary to ensure that the | ||||||
25 | court reaches a decision promptly. The court shall rule and |
| |||||||
| |||||||
1 | issue written findings of fact and conclusions of law within | ||||||
2 | 48 hours of the time that the petition is filed, except that | ||||||
3 | the 48-hour limitation may be extended at the request of the | ||||||
4 | minor or incompetent person. If the court fails to rule within | ||||||
5 | the 48-hour period and an extension is not requested, then the | ||||||
6 | petition shall be deemed to have been granted, and the notice | ||||||
7 | requirement shall be waived. | ||||||
8 | (d) Notice shall be waived if the court finds by a | ||||||
9 | preponderance of the evidence either: | ||||||
10 | (1) that the minor or incompetent person is | ||||||
11 | sufficiently mature and well enough informed to decide | ||||||
12 | intelligently whether to have an abortion, or | ||||||
13 | (2) that notification under Section 15 would not be in | ||||||
14 | the best interests of the minor or incompetent person. | ||||||
15 | (e) A court that conducts proceedings under this Section | ||||||
16 | shall issue written and specific factual findings and legal | ||||||
17 | conclusions supporting its decision and shall order that a | ||||||
18 | confidential record of the evidence and the judge's findings | ||||||
19 | and conditions be maintained. | ||||||
20 | (f) An expedited confidential appeal shall be available, | ||||||
21 | as the Supreme Court provides by rule, to any minor or | ||||||
22 | incompetent person to whom the circuit court denies a waiver | ||||||
23 | of notice. An order authorizing an abortion without notice | ||||||
24 | shall not be subject to appeal. | ||||||
25 | (g) The Supreme Court is respectfully requested to adopt | ||||||
26 | any rules and regulations necessary to ensure that proceedings |
| |||||||
| |||||||
1 | under this Act are handled in an expeditious and confidential | ||||||
2 | manner. | ||||||
3 | (h) No fees shall be required of any minor or incompetent | ||||||
4 | person who avails herself of the procedures provided by this | ||||||
5 | Section.
| ||||||
6 | Section 30. Minor's consent to abortion. A person may not | ||||||
7 | perform an abortion on a minor without the minor's consent, | ||||||
8 | except in a medical emergency.
| ||||||
9 | Section 35. Reports. The Department of Public Health shall | ||||||
10 | comply with the reporting requirements set forth in the | ||||||
11 | consent decree in Herbst v. O'Malley, case no. 84-C-5602 in | ||||||
12 | the U.S. District Court for the Northern District of Illinois, | ||||||
13 | Eastern Division.
| ||||||
14 | Section 40. Penalties. | ||||||
15 | (a) Any physician who willfully fails to provide notice as | ||||||
16 | required under this Act before performing an abortion on a | ||||||
17 | minor or an incompetent person shall be referred to the | ||||||
18 | Illinois State Medical Disciplinary Board for action in | ||||||
19 | accordance with Section 22 of the Medical Practice Act of | ||||||
20 | 1987. | ||||||
21 | (b) Any person, not authorized under this Act, who signs | ||||||
22 | any waiver of notice for a minor or incompetent person seeking | ||||||
23 | an abortion, is guilty of a Class C misdemeanor.
|
| |||||||
| |||||||
1 | Section 45. Immunity. Any physician who, in good faith, | ||||||
2 | provides notice in accordance with Section 15 or relies on an | ||||||
3 | exception under Section 20 shall not be subject to any type of | ||||||
4 | civil or criminal liability or discipline for unprofessional | ||||||
5 | conduct for failure to give required notice.
| ||||||
6 | Section 50. Severability and inseverability. If any | ||||||
7 | provision of this Act or its application to any person or | ||||||
8 | circumstance is held invalid, the invalidity of that provision | ||||||
9 | or application does not affect other provisions or | ||||||
10 | applications of the Act that can be given effect without the | ||||||
11 | invalid provision or application, except that Section 25 is | ||||||
12 | inseverable to the extent that if all or any substantial and | ||||||
13 | material part of Section 25 is held invalid, then the entire | ||||||
14 | Act is invalid.
| ||||||
15 | (20 ILCS 4111/Act rep.) | ||||||
16 | Section 90. The Youth Health and Safety Act is repealed.
|