Bill Text: IL SB1283 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Gender-Affirming Health Care Protection Act. Restricts the State from: (1) applying a law of another state that authorizes civil or criminal penalties against any person for providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care; (2) enforcing or satisfying a civil judgment received under a law of another state that authorizes civil or criminal penalties against any person for providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care; or (3) aiding or intentionally participating in a criminal investigation, arrest, search, or detention of an individual pursuant to a criminal law of another state that authorizes civil or criminal penalties against any person for providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care. Prohibits a law enforcement officer from knowingly participating in the arrest of an individual pursuant to an out-of-state arrest warrant issued solely on the basis of the individual providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care. Amends the Uniform Criminal Extradition Act. Prohibits the Governor from complying with a demand of another state to surrender an individual for providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care. Amends the Code of Civil Procedure. Restricts a subpoena from being issued if the subpoena is based on a violation of another state's laws that interfere with a person's right to allow a child to receive gender-affirming care. Restricts a person or entity from releasing medical information based on another state's laws that authorizes a person to bring a civil action against a person or entity that allows a child to receive gender-affirming care. Makes conforming changes in the Uniform Interstate Depositions and Discovery Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-03 - Referred to Assignments [SB1283 Detail]

Download: Illinois-2023-SB1283-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1283 Introduced 2/3/2023, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED:
See Index
Creates the Gender-Affirming Health Care Protection Act. Restricts the State from: (1) applying a law of another state that authorizes civil or criminal penalties against any person for providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care; (2) enforcing or satisfying a civil judgment received under a law of another state that authorizes civil or criminal penalties against any person for providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care; or (3) aiding or intentionally participating in a criminal investigation, arrest, search, or detention of an individual pursuant to a criminal law of another state that authorizes civil or criminal penalties against any person for providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care. Prohibits a law enforcement officer from knowingly participating in the arrest of an individual pursuant to an out-of-state arrest warrant issued solely on the basis of the individual providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care. Amends the Uniform Criminal Extradition Act. Prohibits the Governor from complying with a demand of another state to surrender an individual for providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care. Amends the Code of Civil Procedure. Restricts a subpoena from being issued if the subpoena is based on a violation of another state's laws that interfere with a person's right to allow a child to receive gender-affirming care. Restricts a person or entity from releasing medical information based on another state's laws that authorizes a person to bring a civil action against a person or entity that allows a child to receive gender-affirming care. Makes conforming changes in the Uniform Interstate Depositions and Discovery Act.
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A BILL FOR
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AN ACT concerning human rights.
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
Gender-Affirming Health Care Protection Act.
Section 5. Findings. The General Assembly finds that:
(1) Gender-affirming care encompasses many forms of health
care support that improve the mental health and overall
well-being of gender diverse children and adolescents and has
been shown to increase positive outcomes for transgender and
nonbinary children and adolescents.
(2) Gender diverse adolescents face a significantly higher
risk of mental health issues, substance use, and suicide than
their cisgender peers.
(3) A safe and affirming health care environment is
critical to provide positive outcomes for transgender,
nonbinary, and other gender expansive children and
adolescents, yet legislation intended to restrict access to
gender-affirming care has been enacted or introduced in at
least 15 states.
(4) This State's commitment to pursuing positive physical
and mental health outcomes for gender diverse individuals
prevents it from participating in the enforcement of the

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prejudicial policies of other states that are hostile to
gender diverse children and adolescents.
Section 10. Definition. As used in this Act,
"gender-affirming care" means medically necessary health care
that respects the gender identity of the patient, as
experienced and defined by the patient, including, but not
limited to:
(1) interventions to suppress the development of
endogenous secondary sex characteristics;
(2) interventions to align the patient's appearance or
physical body with the patient's gender identity;
(3) interventions to alleviate symptoms of clinically
significant distress resulting from gender dysphoria, as
defined in the Diagnostic and Statistical Manual of Mental
Disorders, 5th Edition; or
(4) mental health care or behavioral health care that
respects the gender identity of the patient, as
experienced and defined by the patient, including, but not
limited to, developmentally appropriate exploration and
integration of identity, reduction of distress, adaptive
coping, and strategies to increase family acceptance.
Section 15. Restricted State action.
(a) A law of another state that authorizes civil or
criminal penalties against any person for providing,

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authorizing, aiding, assisting, receiving, or otherwise
allowing a child to receive gender-affirming care or referring
a child for such care, so long as the gender-affirming care
that serves as the basis of the warrant is not alleged to have
been performed in a manner that violates the laws of this State
is contrary to the public policy of this State.
(b) The State shall not:
(1) apply a law described in subsection (a) to a case
or controversy heard in State court;
(2) enforce or satisfy a civil judgment received
through an adjudication under a law described in
subsection (a); or
(3) aid or intentionally participate in the criminal
investigation, arrest, search, or detention of an
individual pursuant to a criminal law described in
subsection (a).
Section 20. Prohibited arrest. Notwithstanding any law to
the contrary, no law enforcement officer of this State or a
unit of local government shall knowingly participate in the
arrest of an individual pursuant to an out-of-state arrest
warrant issued solely on the basis of the individual
providing, authorizing, aiding, assisting, receiving, or
otherwise allowing a child to receive gender-affirming care or
referring a child for such care, so long as the care that
serves as the basis of the warrant is not alleged to violate

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the laws of this State.
Section 25. The Uniform Criminal Extradition Act is
amended by adding Section 4.5 as follows:
(725 ILCS 225/4.5 new)
Sec. 4.5. Extradition for gender-affirming care
prohibited. When a demand is made upon the Governor by the
Executive Authority of another state for the surrender of a
person charged with providing, authorizing, aiding, assisting,
receiving, or otherwise permitting in a child receiving
gender-affirming care or referring a child for such care, so
long as the gender-affirming care that serves as the basis of
the warrant is not alleged to have been performed in a manner
that violates the laws of this State, the Governor shall not
comply with the demand and shall not surrender the person. As
used in this Section, "gender-affirming care" has the same
meaning as provided in Section 10 of the Gender-Affirming
Health Care Protection Act.
Section 30. The Code of Civil Procedure is amended by
changing Section 2-1101 and by adding Section 2-1101.1 as
follows:
(735 ILCS 5/2-1101) (from Ch. 110, par. 2-1101)
Sec. 2-1101. Subpoenas. The clerk of any court in which an

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action is pending shall, from time to time, issue subpoenas
for those witnesses and to those counties in the State as may
be required by either party. Every clerk who shall refuse so to
do shall be guilty of a petty offense and fined any sum not to
exceed $100. An attorney admitted to practice in the State of
Illinois, as an officer of the court, may also issue subpoenas
on behalf of the court for witnesses and to counties in a
pending action. An order of court is not required to obtain the
issuance by the clerk or by an attorney of a subpoena duces
tecum. For good cause shown, the court on motion may quash or
modify any subpoena or, in the case of a subpoena duces tecum,
condition the denial of the motion upon payment in advance by
the person in whose behalf the subpoena is issued of the
reasonable expense of producing any item therein specified.
In the event that a party has subpoenaed an expert witness
including, but not limited to physicians or medical providers,
and the expert witness appears in court, and a conflict arises
between the party subpoenaing the expert witness and the
expert witness over the fees charged by the expert witness,
the trial court shall be advised of the conflict. The trial
court shall conduct a hearing subsequent to the testimony of
the expert witness and shall determine the reasonable fee to
be paid to the expert witness.
Notwithstanding any law to the contrary, no subpoena shall
be issued if the subpoena is based on a violation of another
state's laws that interfere with a person's right to allow a

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child to receive gender-affirming care. As used in this
Section, "gender-affirming care" has the same meaning as
provided in Section 10 of the Gender-Affirming Health Care
Protection Act.
(Source: P.A. 95-1033, eff. 6-1-09.)
(735 ILCS 5/2-1101.1 new)
Sec. 2-1101.1. Foreign subpoenas related to
gender-affirming care.
(a) Notwithstanding any law to the contrary, a person or
entity shall not release medical information to a person or
entity allowing a child to receive gender-affirming care in
response to any civil action, including a foreign subpoena,
based on another state's law that authorizes a person to bring
a civil action against a person or entity that allows a child
to receive gender-affirming care.
(b) Notwithstanding any law to the contrary, a person or
entity shall not release medical information to a person or
entity that has requested that information and that is
authorized by law to receive it if the information is related
to a person or entity allowing a child to receive
gender-affirming care and the information is being requested
pursuant to another state's law that authorizes a person to
bring a civil action against a person or entity that allows a
child to receive gender-affirming care.
(c) As used in this Section, "gender-affirming care" has

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the same meaning as provided in Section 10 of the
Gender-Affirming Health Care Protection Act.
Section 35. The Uniform Interstate Depositions and
Discovery Act is amended by changing Sections 2 and 3 as
follows:
(735 ILCS 35/2)
Sec. 2. Definitions. In this Act:
(1) "Foreign jurisdiction" means a state other than this
State.
(2) "Foreign subpoena" means a subpoena issued under
authority of a court of record of a foreign jurisdiction.
(2.5) "Gender-affirming care" means medically necessary
health care that respects the gender identity of the patient,
as experienced and defined by the patient, including, but not
limited to:
(A) interventions to suppress the development of
endogenous secondary sex characteristics;
(B) interventions to align the patient's appearance or
physical body with the patient's gender identity;
(C) interventions to alleviate symptoms of clinically
significant distress resulting from gender dysphoria, as
defined in the Diagnostic and Statistical Manual of Mental
Disorders, 5th Edition; or
(D) mental health care or behavioral health care that

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respects the gender identity of the patient, as
experienced and defined by the patient, including, but not
limited to, developmentally appropriate exploration and
integration of identity, reduction of distress, adaptive
coping, and strategies to increase family acceptance.
(3) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, public corporation, government, or
governmental subdivision, agency or instrumentality, or any
other legal or commercial entity.
(4) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, a federally recognized Indian tribe, or any territory
or insular possession subject to the jurisdiction of the
United States.
(5) "Subpoena" means a document, however denominated,
issued under authority of a court of record requiring a person
to:
(A) attend and give testimony at a deposition;
(B) produce and permit inspection and copying of
designated books, documents, records, electronically
stored information, or tangible things in the possession,
custody, or control of the person; or
(C) permit inspection of premises under the control of
the person.
(Source: P.A. 99-79, eff. 1-1-16.)

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(735 ILCS 35/3)
Sec. 3. Issuance of subpoena.
(a) To request issuance of a subpoena under this Section,
a party must submit a foreign subpoena to a clerk of court in
the county in which discovery is sought to be conducted in this
State. A request for the issuance of a subpoena under this Act
does not constitute an appearance in the courts of this State.
(b) When a party submits a foreign subpoena to a clerk of
court in this State, the clerk, in accordance with that
court's procedure, shall promptly issue a subpoena for service
upon the person to which the foreign subpoena is directed
unless issuance is prohibited by Section 3.5.
(c) A subpoena under subsection (b) must:
(A) incorporate the terms used in the foreign
subpoena; and
(B) contain or be accompanied by the names, addresses,
and telephone numbers of all counsel of record in the
proceeding to which the subpoena relates and of any party
not represented by counsel.
(d) Notwithstanding any law to the contrary, no subpoena
shall be issued pursuant to this Section if the foreign
subpoena is based on a violation of another state's laws that
interfere with a person's right to allow a child to receive
gender-affirming care.
(Source: P.A. 102-1117, eff. 1-13-23.)

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Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
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INDEX
Statutes amended in order of appearance