Bill Text: IL HJRCA0003 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Proposes to amend the General Provisions Article of the Illinois Constitution. Provides that no person shall knowingly perform an abortion upon a minor or any person under legal disability, as defined, unless the person or his or her agent has: (1) given at least 48 hours' actual notice of his or her intention to perform the abortion to an adult family member or legal guardian of the pregnant person; or (2) received a written statement by a referring physician certifying that the referring physician, or his or her agent, has given at least 48 hours' actual notice to an adult family member or legal guardian of the pregnant person. Sets forth circumstances under which notice is not required. Effective upon being declared adopted.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-01-09 - Filed with the Clerk by Rep. David Friess [HJRCA0003 Detail]

Download: Illinois-2025-HJRCA0003-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT HC0003 Introduced , by Rep. David Friess SYNOPSIS AS INTRODUCED:
ILCON Art. XIII, Sec. 9 new
Proposes to amend the General Provisions Article of the Illinois Constitution. Provides that no person shall knowingly perform an abortion upon a minor or any person under legal disability, as defined, unless the person or his or her agent has: (1) given at least 48 hours' actual notice of his or her intention to perform the abortion to an adult family member or legal guardian of the pregnant person; or (2) received a written statement by a referring physician certifying that the referring physician, or his or her agent, has given at least 48 hours' actual notice to an adult family member or legal guardian of the pregnant person. Sets forth circumstances under which notice is not required. Effective upon being declared adopted.
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HC0003 LRB104 03629 KTG 13653 e
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
HUNDRED FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
SENATE CONCURRING HEREIN, that there shall be submitted to the
electors of the State for adoption or rejection at the general
election next occurring at least 6 months after the adoption
of this resolution a proposition to amend the Illinois
Constitution in Article XIII by adding Section 9 as follows:
ARTICLE XIII
GENERAL PROVISIONS
(ILCON Art. XIII, Sec. 9 new)
SECTION 9. PARENTAL NOTIFICATION
(a) As used in this Section:
"Abortion" means the use of any instrument, medicine,
drug, or any other substance or device to terminate the
pregnancy of a woman known to be pregnant with an intention
other than to increase the probability of a live birth, to
preserve the life or health of a child after live birth, or to
remove a dead fetus.
"Actual notice" means the giving of notice directly, in
person, or by telephone.
"Adult family member" means a person over 21 years of age

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who is the parent, grandparent, step-parent living in the
household, or legal guardian.
"Constructive notice" means notice by certified mail to
the last known address of the person entitled to notice with
delivery deemed to have occurred 48 hours after the certified
notice is mailed.
"Medical emergency" means a condition that, on the basis
of the physician's good faith clinical judgment, so
complicates the medical condition of a pregnant woman as to
necessitate the immediate abortion of her pregnancy to avert
her death or for which a delay will create serious risk of
substantial and irreversible impairment of major bodily
function.
"Minor" means any person under 18 years of age who is not
or has not been married or who has not been emancipated as
prescribed by law.
"Neglect" means the failure of an adult family member to
supply a minor with necessary food, clothing, shelter, or
medical care when reasonably able to do so or the failure to
protect a minor from conditions or actions that imminently and
seriously endanger the minor's physical or mental health when
reasonably able to do so.
"Physical abuse" means any physical injury intentionally
inflicted by an adult family member on a minor.
"Physician" means any person licensed in this State to
practice medicine in all its branches.

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"Person under legal disability" means a person 18 years of
age or older who has been adjudged by a court to be a person
with a mental illness or a person with a developmental
disability and who because of his or her mental illness or
developmental disability is not fully able to manage his or
her person or estate, and for whom a guardian of the person has
been appointed as prescribed by law.
"Sexual abuse" means any sexual conduct or sexual
penetration that is prohibited by the criminal laws of this
State and committed against a minor by an adult family member.
(b) No person shall knowingly perform an abortion upon a
minor or any person under legal disability, unless the person
or his or her agent has:
(1) given at least 48 hours' actual notice to an adult
family member or legal guardian of the pregnant minor or
person under legal disability of his or her intention to
perform the abortion; or
(2) received a written statement by a referring
physician certifying that the referring physician, or his
or her agent, has given at least 48 hours' actual notice to
an adult family member or legal guardian of the pregnant
minor or person under legal disability. If actual notice
is not possible after a reasonable effort, the physician
or his or her agent must give 48 hours constructive
notice.
(c) Notice shall not be required if:

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(1) the minor or person under legal disability is
accompanied by an adult family member or legal guardian
who is entitled to notice;
(2) notice is waived in writing by an adult family
member or legal guardian who is entitled to notice;
(3) the attending physician certifies in the patient's
medical record that a medical emergency exists and there
is insufficient time to provide the required notice; or
(4) the minor declares in writing that he or she is a
victim of sexual abuse, neglect, or physical abuse by an
adult family member who is entitled to notice. The person
intending to perform the abortion must certify in the
patient's medical record that he or she has received the
written declaration of abuse or neglect. Any notification
to public authorities of the alleged abuse that may be
required under the laws of this State need not be made by
the person performing the abortion until after the minor
receives an abortion.