Illinois Bill Prohibiting Abortion at Viability (HB 2384)

HB 2384 would prohibit a physician or person from performing or inducing an abortion when the probable gestational age of pregnant person’s fetus has been determined to be viable.

The bill clarifies that a fetus is viable at or about 24 weeks of gestation.

Except in cases of medical emergency, the bill would prohibit a person from performing an abortion without first determining the viability of the fetus.

Current state law prohibits a person from performing an abortion when a fetus is viable unless it’s necessary to preserve the “life or health” of the pregnant person.

Except in cases of medical emergency, the bill would make it a felony to perform an abortion when a fetus is viable.

The bill defines “medical emergency” to encompass only those circumstances in which a pregnant person’s life or a major bodily function is threatened.

Reporting Requirements

The bill would require any physician who performs such an abortion to certify in writing, the reason or reasons for the determination that a medical emergency existed.

TRAP

The bill provides that a licensed medical facility in which an abortion is performed or induced in violation of the law would be subject to immediate revocation of its license.

The bill provides that a licensed medical facility in which an abortion is performed or induced in violation of the law would lose all state funding for two years and would be required to reimburse the state for any funds received for that year.

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Related Legislation

Related to HB 2462, which would redefine “viability” to include when a fetus has a detectable heartbeat.

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Latest Action

2/13/19 – Introduced.

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People