Bill
HB 3243
HB 3243 repeals the Reproductive Health Act, restoring pre-2019 abortion rules in Illinois—stricter limits, residency restrictions, parental notice, and penalties for providers.
Summary (purpose)
- HB 3243, introduced by Rep. Adam M. Niemerg, would repeal the current Reproductive Health Act framework and reinstate a statutory scheme substantially similar to pre-2019/2020 Illinois abortion laws. Its stated effect is to create the "Illinois Abortion Law of 2025" and several related Acts (Partial‑birth Abortion Ban Act of 2025, Abortion Performance Refusal Act of 2025, Parental Notice of Abortion Act of 2025) while restoring language removed by earlier Public Acts. The bill takes effect immediately.
Key provisions and substantive changes
- Restores a restrictive statutory framework patterned on the Illinois Abortion Law of 1975 (as it existed prior to repeal by Public Act 101‑13).
- Definitions: codifies terms including “abortion,” “abortifacient,” “fetus/unborn child” (from fertilization until live birth), “fertilization,” “fetal heartbeat” (cardiac activity within the gestational sac), and “viability.” Viability is defined to include either medical judgment of likely sustained survival outside the womb or presence of a fetal heartbeat.
- Provider and procedural rules:
- Limits performance of abortions to physicians licensed under the Medical Practice Act.
- Requires physician medical judgment or a referring physician’s written/oral certification before performing an abortion; noncompliance may be a Class 2 felony.
- If the fetus is viable, abortions may be performed only to preserve the life or health of the mother; written certification on Department‑prescribed forms is required.
- If sustained survival outside the womb is reasonably likely, the physician must use the method most likely to preserve fetal life and document methods considered and reasons chosen (Class 3 felony for violations).
- When an abortion of a viable fetus occurs, a second physician must be present to take control and provide immediate care for any child born alive (exceptions for emergency; Class 3 felony for failure to arrange attendance).
- Affirms born‑alive protections and professional obligations if a child is born alive after an abortion.
- Residency restriction: restricts performance of an abortion to patients who reside in Illinois (explicitly stated in the bill synopsis).
- Recreates: Partial‑birth Abortion Ban Act and Abortion Performance Refusal Act (similar to prior statutes) and revives a parental notice requirement for minors similar to the pre‑repeal Parental Notice of Abortion Act of 1995.
Enforcement, penalties, and paperwork
- Criminal penalties: violations include Class 2 and Class 3 felonies depending on subsection violated (examples include performing abortions without required certifications or failing procedural duties).
- Requires physician certifications and reporting on forms prescribed by the Department of Public Health.
Repeals and rescissions
- Repeals: Reproductive Health Act; Abortion Care Clinical Training Program Act; Lawful Health Care Activity Act; Protecting Reproductive Health Care Services Act; Youth Health and Safety Act.
- Restores statutory language removed by Public Acts 101‑13 and 102‑1117 where enumerated in the bill.
Legislative status and timeline
- Introduced (filed) February 2025 (sponsored by Rep. Adam M. Niemerg). Committee referrals included Health Care Availability & Accessibility; was reported favorably in committee in May 2025 and has been subject to Rule 19(a)/re‑referral to Rules Committee. Companion bill: SB 1733. The bill declares immediate effectiveness upon enactment.
Who would be affected
- Pregnant persons in Illinois (including minors), physicians and other abortion providers, medical facilities, Department of Public Health (for forms and oversight), and persons involved in post‑abortion care. Repeal of current protective statutes would alter legal protections for providers, clinics, trainees, and patients.
Potential impact (practical implications)
- Reinstating pre‑repeal restrictions and criminal penalties would narrow lawful grounds for abortion, increase documentation and supervision requirements, and could reduce the availability of abortion services in Illinois. The residency restriction would limit access for out‑of‑state patients. The bill’s definitions (including fetal‑heartbeat as a viability measure) and criminal penalties could prompt legal challenges and operational changes for providers and health systems.
Compiled from official sources — confirm details with the bill’s official record.
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