[Congressional*LRB10330557LNS56991b* BillsSB1640 119th103RD Congress]GENERAL [FromASSEMBLY theState U.S.of Illinois and 2024 SB1640 Introduced 2/8/2023, by Sen.

GovernmentTerri PublishingBryant Office]SYNOPSIS [S.AS INTRODUCED:

242New IntroducedAct inCreates Senatethe (IS)]Dignity <DOC>for 119thAborted CONGRESSChildren 1stAct. Session S.

242Provides Tothat, protectnotwithstanding any State law or administrative rule to the dignitycontrary, any physician after performing an abortion shall provide the patient with an informed consent form, provided by the Department of fetalPublic remains,Health, andoffering the patient specified options for otherdisposal purposes.of the human fetal tissue from the abortion.

_______________________________________________________________________Provides INthat THEit SENATEis OFunlawful THEfor UNITEDany STATESphysician, Januaryafter 24,performing 2025an Mr.abortion in which the patient elects to release the human fetal tissue to the physician, to fail to provide for the final disposition of the human fetal tissue through interment or cremation, consistent with State law regarding the disposal of human remains, not later than 7 days after the date on which the abortion procedure was performed.

RickettsRequires (forphysicians himself,who Mr.perform abortions and persons, not including patients, to whom human fetal tissue are transferred to submit annual reports to the Department containing specified information.

Lankford,Contains Mr.provisions specifying civil penalties, criminal designations, and consideration of action by the Illinois State Medical Board.

Sheehy,Provides Mr.that a patient upon whom an abortion is performed or attempted in violation of the Act may not be prosecuted under the Act or for a conspiracy to violate the Act.

Banks,Provides Mr.that the Department shall submit to the General Assembly an annual report on the number of abortions, procedure type, and method of disposal of human fetal tissue under the Act.

Daines,LRB103 Mr.30557 LNS 56991 b A BILL FOR SB1640 LRB103 30557 LNS 56991 b AN ACT concerning abortion.

Risch,Be Mr.it enacted by the People of the State of Illinois, represented in the General Assembly:

Rounds,Section Mr.1.

Wicker,Short Mr.title.

Schmitt,This Mr.Act may be cited as the Dignity for Aborted Children Act.

Justice,Section Mr.5.

Tillis,Definitions. and Mr.

Hawley)As introducedused thein followingthis bill;Act:

which"Abortion" washas read twice and referred to the Committeemeaning onprovided Health,in Education,Section Labor,1-10 andof Pensions _______________________________________________________________________ A BILL To protect the dignityReproductive ofHealth fetalAct. remains, and for other purposes.

Be"Department" itmeans enacted by the SenateDepartment and House of RepresentativesPublic ofHealth. the United States of America in Congress assembled, SECTION 1.

SHORT"Human TITLE.fetal tissue" means tissue obtained from a dead human embryo or fetus after a spontaneous or induced abortion or after a stillbirth.

This"Physician" Actmeans mayany beperson citedlicensed asto practice medicine in all its branches under the ``DignityMedical forPractice AbortedAct Childrenof Act''.1987.

SEC.Section 10.

2.Disposal of human fetal tissue;

CONSTITUTIONALinformed AUTHORITY.consent.

Congress(a) enactsNotwithstanding theany followingState pursuantlaw or administrative rule to Congress'the powercontrary, under--any (1)physician, after performing an abortion in this State, shall provide the Interstatepatient Commercewith Clausean ofinformed sectionconsent 8form, ofprovided articleby Ithe Department, offering the patient the following options for disposal of the Constitution;human fetal tissue from the abortion:

(2)SB1640 section- 52 of- theLRB103 14th30557 AmendmentLNS to56991 theb Constitution(1) The patient may take possession of the Unitedhuman States,fetal includingtissue theand powermay choose to enforcetransfer the prohibitiontissue onto governmentan actionentity denyingproviding equalinterment protectionor ofcremation. the laws;

and(2) (3)The sectionpatient 8may ofelect articleto Irelease of the Constitutionhuman offetal tissue to the Unitedphysician, Stateswho shall be subject to makethe allrequirements lawsof necessarysubsection and(b), properexcept forthat the carryingoption intodescribed executionin ofthis powersparagraph vestedshall bynot be available if the Constitutionpatient indoes not expel the Governmenthuman fetal tissue at the premises of the Unitedphysician States.performing the abortion.

SEC.(b) A physician described in subsection (a) shall:

3.(1) obtain a patient signature on each consent form required under subsection (a);

PROTECTIONand OF(2) FETALretain REMAINS.each consent form in the patient's file.

(a)Section In15. General.--Part H of title IV of the Public Health Service Act (42 U.S.C.

289Physician etdisposal. seq.) is amended by adding at the end the following:

``SEC.(a) It is unlawful for any physician, after performing an abortion in this State in which the patient elects to release the human fetal tissue to the physician under paragraph (2) of subsection (a) of Section 10, to fail to provide for the final disposition of the human fetal tissue through interment or cremation, consistent with State law regarding the disposal of human remains, not later than 7 days after the date on which the abortion procedure was performed.

498F.(b) The final disposition of human fetal tissue under paragraph (2) of subsection (a) of Section 10 may be carried out through interment or cremation of tissue from more than SB1640 - 3 - LRB103 30557 LNS 56991 b one abortion procedure collectively.

PROTECTIONSection OF20. FETAL REMAINS.

``(a)Physician Consentreports; Requirement.-- ``(1) In general.--Any abortion provider, after performing an abortion, shall provide the patient with an informed consent form, offering the patient the following options for disposal of the human fetal tissue from the abortion:

``(A)reports Theof patientpersons mayto takewhom possession of the human fetal tissue andis maytransferred. choose to transfer the tissue to an entity providing interment or cremation services.

``(B)(a) TheA patientphysician maydescribed electin tosubsection release(a) theof humanSection fetal10 tissueshall tosubmit theannual abortionreports provider,to whothe shallDepartment beindicating, subjectwith respect to the requirementsannual ofreporting subsectionperiod: (b).

``(2) Consent requirements.--An abortion provider described in paragraph (1) shall--the ``(A)aggregate obtainnumber aof patientabortion signatureprocedures onperformed eachby consentthe formphysician; required under paragraph (1);

and(2) ``(B)the retaingestational eachage suchof formthe infetus at the patient'stime file.of each procedure;