Everything Nurses >> Nursing Politics/Activism >> Abortion Law - Illinois

+1

Abortion Law - Illinois

665 Views
5 Replies Flag as inappropriate
Chris_hose__flowers_127_max50

505 posts

back to top

Posted over 4 years ago

 

 


 Whew!!!!   Hopefully all this crap can be put to rest now!!!!


~ Melissa

Chris_hose__flowers_127_max50

505 posts

back to top
Rate

Rate This | Posted over 4 years ago

 

In my former career working alongside the Department on Aging, I discovered this handy search tool for locating Illinois laws on-line.


http://www.ilga.gov/search/iga_search.asp?scope=ilcs


In an ongoing effort to clarify misconceptions and present factual as well as legitimate information about Obama, I have shared the following.....


Below you will find an exerpt from the 1973 Illinois Abortion Law, the Born Alive Infant Act which made an ammendment to the original 1973 Abortion law proposed in 2005 (effective 1/1/06), and some exerpts from the Partial Birth Abortion laws also in place within the state.


 


~ Melissa

Chris_hose__flowers_127_max50

505 posts

back to top
Rate

Rate This | Posted over 4 years ago

 

Illinois Abortion Law 1973 (bold and underlined statement identifying law mandating doctors to provide medical treatment to the infant)  In other words, Obama was truthful when he said the existing laws already allowed provisions for medical treatment to infants.


                                                        




 


    (720 ILCS 510/6) (from Ch. 38, par. 81‑26)
    Sec. 6. (1) (a) Any physician who intentionally performs an abortion when, in his medical judgment based on the particular facts of the case before him, there is a reasonable likelihood of sustained survival of the fetus outside the womb, with or without artificial support, shall utilize that method of abortion which, of those he knows to be available, is in his medical judgment most likely to preserve the life and health of the fetus. 
    (b) The physician shall certify in writing, on a form prescribed by the Department under Section 10 of this Act, the available methods considered and the reasons for choosing the method employed.
    (c) Any physician who intentionally, knowingly, or recklessly violates the provisions of Section 6(1)(a) commits a Class 3 felony.
    (2) (a) No abortion shall be performed or induced when the fetus is viable unless there is in attendance a physician other than the physician performing or inducing the abortion who shall take control of and provide immediate medical care for any child born alive as a result of the abortion. This requirement shall not apply when, in the medical judgment of the physician performing or inducing the abortion based on the particular facts of the case before him, there exists a medical emergency; in such a case, the physician shall describe the basis of this judgment on the form prescribed by Section 10 of this Act. Any physician who intentionally performs or induces such an abortion and who intentionally, knowingly, or recklessly fails to arrange for the attendance of such a second physician in violation of Section 6(2)(a) commits a Class 3 felony.
    (b) Subsequent to the abortion, if a child is born alive, the physician required by Section 6(2)(a) to be in attendance shall exercise the same degree of professional skill, care and diligence to preserve the life and health of the child as would be required of a physician providing immediate medical care to a child born alive in the course of a pregnancy termination which was not an abortion. Any such physician who intentionally, knowingly, or recklessly violates Section 6(2)(b) commits a Class 3 felony.
    (3) The law of this State shall not be construed to imply that any living individual organism of the species homo sapiens who has been born alive is not an individual under the "Criminal Code of 1961," approved July 28, 1961, as amended.
    (4) (a) Any physician who intentionally performs an abortion when, in his medical judgment based on the particular facts of the case before him, there is a reasonable possibility of sustained survival of the fetus outside the womb, with or without artificial support, shall utilize that method of abortion which, of those he knows to be available, is in his medical judgment most likely to preserve the life and health of the fetus.
    (b) The physician shall certify in writing, on a form prescribed by the Department under Section 10 of this Act, the available methods considered and the reasons for choosing the method employed.
    (c) Any physician who intentionally, knowingly, or recklessly violates the provisions of Section 6(4)(a) commits a Class 3 felony.
    (5) Nothing in Section 6 requires a physician to employ a method of abortion which, in the medical judgment of the physician performing the abortion based on the particular facts of the case before him, would increase medical risk to the mother.
    (6) When the fetus is viable and when there exists reasonable medical certainty (a) that the particular method of abortion to be employed will cause organic pain to the fetus, and (b) that use of an anesthetic or analgesic would abolish or alleviate organic pain to the fetus caused by the particular method of abortion to be employed, then the physician who is to perform the abortion or his agent or the referring physician or his agent shall inform the woman upon whom the abortion is to be performed that such an anesthetic or analgesic is available, if he knows it to be available, for use to abolish or alleviate organic pain caused to the fetus by the particular method of abortion to be employed. Any person who performs an abortion with knowledge that any such reasonable medical certainty exists and that such an anesthetic or analgesic is available, and intentionally fails to so inform the woman or to ascertain that the woman has been so informed commits a Class B misdemeanor. The foregoing requirements of subsection (6) of Section 6 shall not apply (a) when in the medical judgment of the physician who is to perform the abortion or the referring physician based upon the particular facts of the case before him: (i) there exists a medical emergency, or (ii) the administration of such an anesthetic or analgesic would decrease a possibility of sustained survival of the fetus apart from the body of the mother, with or without artificial support, or (b) when the physician who is to perform the abortion administers an anesthetic or an analgesic to the woman or the fetus and he knows there exists reasonable medical certainty that such use will abolish organic pain caused to the fetus during the course of the abortion.

 





~ Melissa

Chris_hose__flowers_127_max50

505 posts

back to top
Rate

Rate This | Posted over 4 years ago

 

Illinois Born Alive Infant Act of 2005 (ammending the Abortion Law of 1973).  This is more detailed than similar bills proposed before that did not pass, it in that it provides specification regarding the prohibting of alteration to preceeding law regarding abortion rights and the addition of prohibiting the alteration of medical standards  In other words, this version of the ammendment was accepted because of the provisions whereas the preceeding ones were not because they lacked such provisions.


(5 ILCS 70/1.36)           
    Sec. 1.36. Born alive infant.
    (a) In determining the meaning of any statute or of any rule, regulation, or interpretation of the various administrative agencies of this State, the words "person", "human being", "child", and "individual" shall include every infant member of the species homo sapiens who is born alive at any stage of development.
    (b) As used in this Section, the term "born alive", with respect to a member of the species homo sapiens, means the complete expulsion or extraction from his or her mother of that member, at any stage of development, who after such expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion. 
    (c) Nothing in this Section shall be construed to affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species homo sapiens at any point prior to being born alive, as defined in this Section.
    (d) Nothing in this Section shall be construed to affect existing federal or State law regarding abortion.
    (e) Nothing in this Section shall be construed to alter generally accepted medical standards.
(Source: P.A. 94‑559, eff. 1‑1‑06.)


 


~ Melissa

Chris_hose__flowers_127_max50

505 posts

back to top
Rate

Rate This | Posted over 4 years ago

 

Finally, the Illinois Partial Birth Abortion Ban Act of 1998.  A law prohibiting Partial Birth Abortions in Illinois.  Neither Obama, nor the state of Illinois advocate for or support partial birth abortions.


(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.)


 


(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.)


 


(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.)


 


 


~ Melissa