Illinois 20-Week Abortion Ban (HB 3210)
This law was last updated on Jan 12, 2018
HB 3210 would prohibit physicians from performing or inducing an abortion on a pregnant patient when the probable gestational age of the fetus has been determined to be at least 20 weeks, except in cases of medical emergency.
Except in the case of an emergency, the attending or referring physician would be required to first make a determination of the probable gestational age of the fetus before attempting to perform an abortion.
If the gestational age is determined to be at least 20 weeks, the physician would be prohibited from knowingly performing, inducing, or attempting to perform an abortion. A physician who violates this provision would be guilty of a Class 2 Felony.
In the case of a medical emergency, the physician would be required to certify in writing the reason or reasons for the determination that a medical emergency existed.
The bill prohibits the patient upon whom an abortion that violates this act has been performed from being prosecuted.
The bill provides that the following individuals may bring civil action and obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct:
- the patient;
- the father of the “unborn child” if married to the patient at the time they receive an abortion; or,
- the maternal grandparents of the “unborn child,” if the patient is a minor.
Relief would include money and statutory damages.
A physician defendant accused of violating this provision would be able to seek a hearing before the Illinois State Medical Disciplinary Board as to whether the physician’s conduct was necessary.
Any medical facility licensed under the Ambulatory Surgical Treatment Center Act or the Hospital Licensing Act in which an abortion is performed or induced in violation of the Act would be subject to immediate revocation of its license by the Department of Public Health. In addition, they would lose all state funding for two years and would be expected to reimburse the state for any money or grant awarded to the facility in the same year the violation took place.