STATUTES-BORN ALIVE INFANT
Illinois bill amends the Statute on Statutes to treat any live-born infant after abortion as a full person with immediate legal protection, guiding providers and courts.
Illinois bill amends the Statute on Statutes to treat any live-born infant after abortion as a full person with immediate legal protection, guiding providers and courts.
Note on source material
- The provided document appears to contain text from two different bills both labeled HB 2618: (1) an Arizona weapons-related draft (amending ARS §13‑3101 and adding §13‑3123 on a voluntary prohibited‑possessor list), and (2) an Illinois amendment to the Statute on Statutes (5 ILCS 70/1.36) regarding “born alive” infants. This summary focuses on the bill titled “STATUTES‑BORN ALIVE INFANT” (the Illinois text), and concludes with a brief note about the unrelated Arizona weapons language included in the file.
Bill purpose and intent
- The bill amends the Illinois Statute on Statutes (5 ILCS 70/1.36) to add an explicit rule that a live child born as a result of an abortion is “fully recognized as a human person and accorded immediate protection under the law.” It clarifies the statutory definition of “born alive” and is intended to ensure that infants who show signs of life after an abortion are legally treated as persons.
Key provisions
- Amends 5 ILCS 70/1.36 (Statute on Statutes — “Born alive infant”):
- Reinforces existing text that, for purposes of interpreting statutes and regulations, words like “person,” “human being,” “child,” and “individual” include every infant born alive at any stage of development.
- Restates/retains the statutory definition of “born alive”: complete expulsion or extraction from the mother who, after that event, breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles — regardless of gestational age, delivery method (natural labor, cesarean), or whether the umbilical cord has been cut.
- Adds subsection (b‑5): “A live child born as a result of an abortion shall be fully recognized as a human person and accorded immediate protection under the law.”
- The bill text includes placeholder/blanked subsections that previously limited construction of the section; the bill’s synopsis indicates it “removes language regarding interpretation of specified provisions.”
- Effective date: The act takes effect upon becoming law (immediate effect).
Who would be affected
- Health care providers, hospitals, and medical personnel involved in pregnancy-related care and abortion services — because an infant born alive following an abortion would be explicitly recognized as a legal person entitled to protection and, potentially, medical care.
- Criminal and civil legal processes — recognizing such infants as persons may implicate obligations, reporting duties, or prosecutorial considerations under existing criminal statutes and medical‑care statutes.
- Providers and facilities may need to revise protocols to ensure immediate care and documentation consistent with the statute.
- The bill asserts it does not, in its prior versions, alter legal status prior to “born alive,” nor does it change federal or state abortion law or accepted medical standards; however, some related clauses appear blanked in the provided text, which could create interpretive or implementation questions.
Legislative status and procedural history (from provided record)
- Introduced (Illinois drafting) by Rep. Adam M. Niemerg; effective immediately upon enactment in the text.
- Legislative actions in the file indicate readings, amendments, committee consideration, and passage in late April 2025 (read 1st–3rd times, amended, passed, and recorded votes on 2025-04-28 and 2025-04-29). (If you need up‑to‑date final status — enrolled to governor, veto, or codification — check the official state legislative site.)
Brief note on the unrelated Arizona language in the file
- The same submission contains an Arizona House draft (Rep. Aaron Márquez) proposing changes to ARS §13‑3101 and adding §13‑3123 to create a court‑maintained “voluntary prohibited possessor” list that would allow individuals to voluntarily be declared prohibited from purchasing or possessing firearms for a defined period (text indicates a 180‑day prohibition). That Arizona bill is a separate measure and is not related to the Illinois “born alive” amendment.
If you want
- I can prepare a focused legal/operational impact analysis for hospitals and providers (medical protocols, reporting obligations, criminal exposure), or draft a short timeline of next procedural steps in the Illinois legislature.
Compiled from official sources — confirm details with the bill’s official record.
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