SENATE REPUBLICAN STAFF = ANALYSIS
93rd General Assembly - = Spring=20 2003
HEALTH=20 & HUMAN SERVICES=20 COMMITTEE = =20 House:
DATE: =20 3/10/03 = &= nbsp; =20 REVISED: 3/13/03
Fiscal Impact=20 or Mandate: None
=93Born Alive=20 Infant=94 definition and other protections
EFFECTIVE=20 DATE: Immediate
COMMITTEE=20 VOTE: Do Pass As Amended
OBAMA,=20
CH =20
N =
=20
RIGHTER, MS Y
HUNTER,=20
VC =20
N =
=20
Garrett &=
nbsp; =20
N =
=20
Wojcik &=
nbsp; =20
Y
Martinez =
=20
Ronen &nbs=
p; =20
N
Schoenberg &nbs=
p; =20
N
(5 ILCS 70/1.36 new)
SYNOPSIS: SB 1082 = amends the=20 Statute on Statutes to define =93born alive infant=94.
SB 1082 provides that = interpreting any=20 statute, rule, or regulation, the words =93person=94, =93human being=94, = =93child=94, and=20 =93individual=94 include every infant member of the species homo sapiens = who is born=20 alive at any stage of development. SB 1082 provides that a live child = born as a=20 result of an abortion shall be fully recognized as a human person and = accorded=20 immediate protection under the law.
BACKGROUND: SB 1082 = is in=20 response to instances at Christ Hospital in Oak Lawn where abortions = resulted in=20 living infants who were then allowed to die without medical or comfort=20 care. Language similar to HB 1082 has passed the United States = House of=20 Representatives.
SB 1662 (O=92Malley/Winkel, = 92nd=20 GA) was identical legislation that passed the Senate 30-12-10 and died = in the=20 House Health Care Committee 2-8-0.
SB 1095 (O=92Malley/Johnson, = 92nd=20 GA) was identical legislation that passed the Senate 35-5-13 and died in = the=20 House Civil Judiciary Committee 6-5-1.
Page 2
SB 1082
STAFF ANALYSIS: SB = 1082 defines=20 =93born alive infant=94 with respect to a member of the species homo = sapiens, means=20 the complete expulsion or extraction from its mother of that member, at = any=20 stage of development, who after that expulsion or extraction breathes or = has a=20 beating heart, pulsation of the umbilical cord, or definite movement of=20 voluntary muscles, regardless of whether the umbilical cord has been cut = and=20 regardless of whether the expulsion or extraction occurs as a result of = natural=20 or induced labor, cesarean section, or induced abortion.
SB 1082 provides that a live = child born as a=20 result of an abortion shall be fully recognized as a human person and = accorded=20 immediate protection under the law.
SB 1082 provides that = interpreting any=20 statute, rule, or regulation, the words =93person=94, =93human being=94, = =93child=94, and=20 =93individual=94 include every infant member of the species homo sapiens = who is born=20 alive at any stage of development.
STAFF COMMENTS: =20
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COMMITTEE ACTION: = On 3/13/03,=20 SB 1082 failed on a =93Do Pass As Amended=94 motion (Righter/Syverson) = by a vote of=20 4-6-0.
CA #1 was adopted on a = =93Be Adopted=94=20 motion (Righter/Syverson) by an attendance roll call = (10-0-0).
CA #1 (Winkel) to SB 1082 = (Winkel)=20 adds to the underlying bill.
Deletes language, which states = that a live=20 child born as a result of an abortion shall be fully recognized as a = human=20 person and accorded immediate protection under the law.
Inserts language, which states = that nothing=20 in the bill shall be construed to affirm, deny, expand, or contract any = legal=20 status or right applicable to any member of the homo sapien species at = any point=20 prior to being born alive as defined under this legislation.=20