Illinois 94th Regular Session Status: Passed House

HB 4052 — CRIM CD-HEINOUS BAT UNBORN

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 94th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Criminal Code of 1961. Creates the offense of heinous battery of an unborn child. Defines the offense as intentionally or knowingly without medical legal justification extracting by cutting, severing, mutilating, or otherwise causing by force the unnatural expulsion of an independently viable fetus from the uterus of another living human being. Provides that the penalty is a Class X felony for which a person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 45 years. Exempts from this offense acts that cause bodily harm to an unborn child if those acts were committed during any abortion to which the pregnant woman has consented and acts that were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment. Effective immediately.

Bill Text

What changed in the latest version

4 added · 31 removed

Plain-language change summary

The amendment to Bill HB 4052 adds language specifying that the definition of "independently viable fetus" is based on the stage of fetal development when there's a reasonable chance of survival outside the womb, even with medical assistance. This change clarifies what constitutes a viable fetus, which is important because it affects how the law will be interpreted and enforced. The focus on viability aims to sharpen the criteria for the offense of heinous battery against an unborn child and can influence legal outcomes in cases involving such offenses.

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*LRB09405558RLC35607b* HB4052 94TH GENERAL ASSEMBLY State of Illinois and 2006 HB4052 Introduced 2/28/2005, by Rep.
HB4052 Engrossed LRB094 05558 RLC 35607 b AN ACT concerning criminal law.
David Reis SYNOPSIS AS INTRODUCED:
ILCS 5/12-3.1-1 new Amends the Criminal Code of 1961.
Creates the offense of heinous battery of an unborn child.
Defines the offense as intentionally or knowingly without medical legal justification extracting by cutting, severing, mutilating, or otherwise causing by force the unnatural expulsion of an independently viable fetus from the uterus of another living human being.
Provides that the penalty is a Class X felony for which a person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 45 years.
Exempts from this offense acts that cause bodily harm to an unborn child if those acts were committed during any abortion to which the pregnant woman has consented and acts that were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.
Effective immediately.
LRB094 05558 RLC 35607 b CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY A BILL FOR HB4052 LRB094 05558 RLC 35607 b AN ACT concerning criminal law.
(c) For purposes of this Section, "viability" means that stage of fetal development when the life of an unborn child may be continued indefinitely outside the womb by natural or artificial life-supportive systems.
(c) For purposes of this Section, "viability" means that stage of fetal development when there is a reasonable likelihood of sustained survival of the fetus outside the womb, with or without artificial support.
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Action History

  1. Session Sine Die

  2. Rule 3-9(a) / Re-referred to Rules

  3. Assigned to Health & Human Services

  4. Referred to Rules

  5. First Reading

  6. Chief Senate Sponsor Sen. Dan Cronin

  7. Balanced Budget Note Filed from the Office of Management and Budget.

  8. Housing Affordability Impact Note Filed from the Illinois Housing Development of Authority.

  9. Judicial Note Filed from the Administrative Office of the Illinois Courts.

  10. Removed Co-Sponsor Rep. Naomi D. Jakobsson

  11. Added Co-Sponsor Rep. Bill Mitchell

  12. Added Co-Sponsor Rep. Naomi D. Jakobsson

  13. Placed on Calendar Order of First Reading April 13, 2005

  14. Arrive in Senate

  15. Third Reading - Short Debate - Passed 113-000-000

  16. State Mandates Fiscal Note Filed

  17. Home Rule Note Filed

  18. Fiscal Note Filed

  19. Correctional Note Filed

  20. Placed on Calendar Order of 3rd Reading - Short Debate

  21. House Floor Amendment No. 1 Adopted

  22. Second Reading - Short Debate

  23. House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 004-000-000

  24. Land Conveyance Appraisal Note Filed

  25. House Floor Amendment No. 1 Referred to Rules Committee

  26. House Floor Amendment No. 1 Filed with Clerk by Rep. David Reis

  27. Held on Calendar Order of Second Reading - Short Debate

  28. Recalled to Second Reading - Short Debate

  29. Added Chief Co-Sponsor Rep. Ron Stephens

  30. Added Chief Co-Sponsor Rep. Donald L. Moffitt

  31. Added Co-Sponsor Rep. Charles E. Jefferson

  32. Added Co-Sponsor Rep. Michelle Chavez

  33. Added Co-Sponsor Rep. Renee Kosel

  34. Added Co-Sponsor Rep. JoAnn D. Osmond

  35. Added Co-Sponsor Rep. John J. Millner

  36. Added Co-Sponsor Rep. James H. Meyer

  37. Added Co-Sponsor Rep. Patricia Reid Lindner

  38. Placed on Calendar Order of 3rd Reading - Short Debate

  39. Second Reading - Short Debate

  40. Placed on Calendar 2nd Reading - Short Debate

  41. Do Pass / Short Debate Judiciary II - Criminal Law Committee; 016-000-000

  42. Assigned to Judiciary II - Criminal Law Committee

  43. Referred to Rules Committee

  44. First Reading

  45. Filed with the Clerk by Rep. David Reis

Sponsors

  • David Reis · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • David Reis

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 113 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 101005
Democrat 9000
Republican 3000
Total 113005
% of votes cast 96%0%0%4%
How each member voted (118)
Member Party Vote
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Schock — Yea
Sommer — Yea
Soto — Yea
Washington — Yea
Younge — Yea
Acevedo — Yea
Bassi — Yea
Mathias — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Berrios — Yea
Mautino — Yea
Biggins — Yea
Black — Not Voting
Boland — Yea
May — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Churchill — Yea
Colvin — Yea
Moffitt — Yea
Coulson — Yea
Munson — Yea
Graham — Yea
Hassert — Yea
Hultgren — Yea
Jefferson — Yea
Jenisch — Yea
Osmond — Yea
Lang — Yea
Leitch — Yea
Lindner — Yea
McAuliffe — Yea
McCarthy — Yea
Bailey — Yea
Lyons, Eileen — Yea
Reitz — Yea
Lyons, Joseph — Yea
Scully — Yea
McGuire — Yea
Bradley, John — Yea
Dugan — Yea
Dunkin — Yea
Eddy — Yea
Flider — Yea
Flowers — Yea
Franks — Yea
Froehlich — Yea
Giles — Yea
Krause — Yea
Bradley, Richard — Yea
Madigan — Not Voting
Brady — Yea
McKeon — Not Voting
Mendoza — Yea
Meyer — Yea
Millner — Yea
Mitchell, Bill — Yea
Hannig — Yea
Burke — Yea
Sullivan — Yea
Mitchell, Jerry — Yea
Molaro — Yea
Mulligan — Yea
Myers — Yea
Nekritz — Yea
Parke — Yea
Howard — Yea
Phelps — Yea
Tenhouse — Yea
Tryon — Yea
Watson — Yea
Turner — Yea
Jones — Yea
Verschoore — Yea
Wait — Yea
Winters — Yea
Davis, Monique — Yea
Yarbrough — Yea
Chavez — Yea
Cross — Yea
Cultra — Yea
Currie — Yea
D'Amico — Yea
Daniels — Yea
Dunn — Not Voting
Fritchey — Not Voting
Gordon — Yea
Granberg — Yea
Hamos — Yea
Holbrook — Yea
Jakobsson — Yea
Kosel — Yea
Osterman — Yea
Patterson — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Reis — Yea
Ryg — Yea
Chapa LaVia — Yea
Eva-Dina Delgado Democrat Yea
Jay Hoffman Democrat Yea
Lakesia Collins Democrat Yea
Michael J. Kelly Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea

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Subjects

civil-rights
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Frequently asked questions

What does HB 4052 do?
Amends the Criminal Code of 1961. Creates the offense of heinous battery of an unborn child. Defines the offense as intentionally or knowingly without medical legal justification extracting by cutting, severing, mutilating, or otherwise causing by force the unnatural expulsion of an independently viable fetus from the uterus of another living human being. Provides that the penalty is a Class X felony for which a person shall be sentenced to a term of imprisonment of not less than 6 years and not more than 45 years. Exempts from this offense acts that cause bodily harm to an unborn child if those acts were committed during any abortion to which the pregnant woman has consented and acts that were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment. Effective immediately.
Who sponsors HB 4052?
HB 4052 is sponsored by David Reis.
What is the current status of HB 4052?
This bill died with 94th Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 4052?
Track HB 4052 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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