Illinois Chapter 720 Criminal Offenses
720 ILCS 513/ Partial-birth Abortion Ban Act.Code Resources
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(720 ILCS 513/1)
Sec. 1.
Short title.
This Act may be cited as the Partial‑birth Abortion Ban Act.
(Source: P.A. 90‑560, eff. 2‑13‑98.)
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(720 ILCS 513/5)
Sec. 5.
Definitions.
In this Act:
"Partial‑birth abortion" means an abortion in which the person performing the
abortion partially vaginally delivers a living human fetus or infant before
killing the fetus or infant and completing the delivery.
The terms "fetus" and "infant" are used interchangeably to refer to the
biological offspring of human parents.
(Source: P.A. 90‑560, eff. 2‑13‑98.)
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(720 ILCS 513/10)
Sec. 10.
Partial‑birth abortions prohibited.
Any person who knowingly
performs a partial‑birth abortion and thereby kills a human fetus or infant is
guilty of
a Class 4 felony. This Section does not apply to a partial‑birth abortion that
is necessary to save the life of a mother because her life is endangered by a
physical
disorder, physical illness, or physical injury, including a life‑endangering
condition caused by or arising from the pregnancy itself, provided that no
other medical procedure would
suffice for that purpose.
(Source: P.A. 90‑560, eff. 2‑13‑98.)
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(720 ILCS 513/15)
Sec. 15.
Civil action.
The maternal grandparents of the fetus or infant, if
the mother has not attained the age of 18 years at the time of the
abortion, may in a civil action obtain appropriate relief unless the pregnancy
resulted from the plaintiff's criminal conduct or the plaintiff consented to
the abortion. The relief shall include money damages for all injuries,
psychological and physical, occasioned by the violation of this Act and
statutory damages equal to 3 times the cost of the partial‑birth abortion.
(Source: P.A. 90‑560, eff. 2‑13‑98.)
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(720 ILCS 513/20)
Sec. 20.
Prosecution of woman prohibited.
A woman on whom a partial‑birth
abortion is performed may not be prosecuted under this Act, for a
conspiracy to violate this Act, or for an offense under Article 31 of the
Criminal Code of 1961 based on a violation of this Act, nor may she be held
accountable under Article 5 of the Criminal Code of 1961 for an offense based
on a violation of this Act.
(Source: P.A. 90‑560, eff. 2‑13‑98.)
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(720 ILCS 513/99)
Sec. 99.
Effective date.
This Act takes effect 60 days after becoming
law.
(Source: P.A. 90‑560, eff. 2‑13‑98.)
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