Bill Text: IL SB1856 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the Dignity for Aborted Children Act. Provides that, notwithstanding any State law or administrative rule to the contrary, any physician after performing an abortion in Illinois shall provide the patient with an informed consent form, provided by the Department of Public Health, offering the patient specified options for disposal of the human fetal tissue from the abortion. Provides that it is unlawful for any physician, after performing an abortion in Illinois in which the patient on elects to release the human fetal tissue to the physician, to fail to provide for the final disposition of the human fetal tissue through interment or cremation, consistent with State law regarding the disposal of human remains, not later than 7 days after the date on which the abortion procedure was performed. Requires physicians who perform abortions and persons, not including patients, to whom human fetal tissue is transferred to submit annual reports to the Department containing specified information. Contains provisions specifying civil penalties, criminal designations, and consideration of action by the Medical Disciplinary Board. Provides that a patient upon whom an abortion is performed or attempted in violation of the Act may not be prosecuted under the Act or for a conspiracy to violate the Act. Provides that the Department shall submit to the General Assembly an annual report on the number of abortions, procedure type, and method of disposal of human fetal tissue under the Act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-02-26 - Referred to Assignments [SB1856 Detail]

Download: Illinois-2021-SB1856-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB1856 Introduced 2/26/2021, by Sen. Terri Bryant SYNOPSIS AS INTRODUCED:
New Act
Creates the Dignity for Aborted Children Act. Provides that, notwithstanding any State law or administrative rule to the contrary, any physician after performing an abortion in Illinois shall provide the patient with an informed consent form, provided by the Department of Public Health, offering the patient specified options for disposal of the human fetal tissue from the abortion. Provides that it is unlawful for any physician, after performing an abortion in Illinois in which the patient on elects to release the human fetal tissue to the physician, to fail to provide for the final disposition of the human fetal tissue through interment or cremation, consistent with State law regarding the disposal of human remains, not later than 7 days after the date on which the abortion procedure was performed. Requires physicians who perform abortions and persons, not including patients, to whom human fetal tissue is transferred to submit annual reports to the Department containing specified information. Contains provisions specifying civil penalties, criminal designations, and consideration of action by the Medical Disciplinary Board. Provides that a patient upon whom an abortion is performed or attempted in violation of the Act may not be prosecuted under the Act or for a conspiracy to violate the Act. Provides that the Department shall submit to the General Assembly an annual report on the number of abortions, procedure type, and method of disposal of human fetal tissue under the Act.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning abortion.
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
Dignity for Aborted Children Act.
Section 5. Definitions. As used in this Act:
"Abortion" has the meaning provided in Section 1-10 of the
Reproductive Health Act.
"Department" means the Department of Public Health.
"Physician" means any person licensed to practice medicine
in all its branches under the Medical Practice Act of 1987.
"Human fetal tissue" means tissue obtained from a dead
human embryo or fetus after a spontaneous or induced abortion
or after a stillbirth.
Section 10. Disposal of human fetal tissue; informed
consent.
(a) Notwithstanding any State law or administrative rule
to the contrary, any physician, after performing an abortion
in Illinois, shall provide the patient with an informed
consent form, provided by the Department, offering the patient
the following options for disposal of the human fetal tissue
from the abortion:

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(1) the patient may take possession of the human fetal
tissue and may choose to transfer the tissue to an entity
providing interment or cremation.
(2) the patient may elect to release the human fetal
tissue to the physician, who shall be subject to the
requirements of subsection (b), except that the option
described in this paragraph shall not be available if the
patient does not expel the human fetal tissue at the
premises of the physician performing the abortion.
(b) A physician described in subsection (a) shall:
(1) obtain a patient signature on each consent form
required under subsection (a); and
(2) retain each consent form in the patient's file.
Section 15. Physician disposal.
(a) It is unlawful for any physician, after performing an
abortion in Illinois in which the patient elects to release
the human fetal tissue to the physician under paragraph (2) of
subsection (a) of Section 10, to fail to provide for the final
disposition of the human fetal tissue through interment or
cremation, consistent with State law regarding the disposal of
human remains, not later than 7 days after the date on which
the abortion procedure was performed.
(b) The final disposition of human fetal tissue under
paragraph (2) of subsection (a) of Section 10 may be carried
out through interment or cremation of tissue from more than

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one abortion procedure collectively.
Section 20. Physician reports; reports of persons to whom
human fetal tissue is transferred.
(a) A physician described in subsection (a) of Section 10
shall submit annual reports to the Department indicating, with
respect to the annual reporting period:
(1) the aggregate number of abortion procedures
performed by the physician;
(2) the gestational age of the fetus at the time of
each procedure; and
(3) for abortions carried out using an abortion method
other than chemical abortion:
(A) the aggregate number of human embryos or
fetuses for which the physician provides for final
disposition through interment or cremation, other than
by releasing the human fetal tissue to a patient under
paragraph (1) of subsection (a) of Section 10;
(B) the aggregate number of human embryos or
fetuses released to patients; and
(C) the identity of each person, not including the
patient, to whom the physician transfers human fetal
tissue for final disposition.
(b) If, during the reporting period under subsection (a),
a physician transfers human fetal tissue to another person,
not including the patient, for final disposition through

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interment or cremation, the person shall submit a report to
the Department for the annual reporting period specifying:
(1) the aggregate number of human embryos or fetuses
transferred to the person; and
(2) how the person disposed of the human fetal tissue.
Section 25. Penalties; violations; patient exemption.
(a) Any physician who fails to maintain the documentation
required under subsection (b) of Section 10 shall be subject
to a civil penalty in an amount not less than $1,000 per
violation and not exceeding $50,000 per violation.
(b) Any physician who violates Section 15 is guilty of
Class A misdemeanor.
(c) Any physician who violates subsection (a) of Section
20 is guilty of a Class B misdemeanor.
(d) A violation described under subsection (a), (b), or
(c) of this Section shall result in the matter also being
considered for action by the Medical Disciplinary Board on its
authority.
(e) A patient upon whom an abortion is performed or
attempted in violation of this Act may not be prosecuted under
this Act or for a conspiracy to violate this Act.
Section 30. Department annual reports. The Department
shall submit to the General Assembly an annual report on the
number of abortions, procedure type, and method of disposal of

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human fetal tissue under this Act.