|
|
|
|
HB4052 Engrossed |
|
LRB094 05558 RLC 35607 b |
|
|
| 1 |
| AN ACT concerning criminal law.
|
| 2 |
| Be it enacted by the People of the State of Illinois,
|
| 3 |
| represented in the General Assembly:
|
| 4 |
| Section 5. The Criminal Code of 1961 is amended by adding |
| 5 |
| Section 12-3.1-1 as follows:
|
| 6 |
| (720 ILCS 5/12-3.1-1 new) |
| 7 |
| Sec. 12-3.1-1. Heinous battery of an unborn child. |
| 8 |
| (a) A person commits heinous battery of an unborn child if |
| 9 |
| he or she intentionally or knowingly without medical legal |
| 10 |
| justification extracts by cutting, severing, mutilating, or |
| 11 |
| otherwise causing by force the unnatural expulsion of an |
| 12 |
| independently viable fetus from the uterus of another living |
| 13 |
| human being.
|
| 14 |
| (b) Heinous battery of an unborn child is a Class X |
| 15 |
| non-probationable felony for which the person shall be |
| 16 |
| sentenced to a term of imprisonment of not less than 6 years |
| 17 |
| and not more than 45 years.
|
| 18 |
| (c) For purposes of this Section, "viability" means that |
| 19 |
| stage of fetal development when there is a reasonable |
| 20 |
| likelihood of sustained survival
of the fetus outside the womb, |
| 21 |
| with or without
artificial support.
|
| 22 |
| (d) This Section does not apply to acts that cause bodily |
| 23 |
| harm to an
unborn child if those acts were committed during any |
| 24 |
| abortion, as defined
in Section 2 of the Illinois Abortion Law |
| 25 |
| of 1975 to which the
pregnant woman has
consented. This Section |
| 26 |
| does not apply to acts that were committed
pursuant to usual |
| 27 |
| and customary standards of medical practice during
diagnostic |
| 28 |
| testing or therapeutic treatment.
|
| 29 |
| Section 99. Effective date. This Act takes effect upon |
| 30 |
| becoming law.
|