ABOLISH ABORTION-DEFINE PERSON

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3572

Introduced 2/5/2026, by Sen. Neil Anderson

SYNOPSIS AS INTRODUCED:

720 ILCS 5/9-0.5 new
720 ILCS 5/12-0.5 new
720 ILCS 5/9-1.2 rep.
720 ILCS 5/9-2.1 rep.
720 ILCS 5/9-3.2 rep.
720 ILCS 5/12-3.1 rep.
740 ILCS 180/1

from Ch. 70, par. 1
740 ILCS 180/2.2 rep.

Provides that the Act may be referred to as the Abolish Abortion
Illinois Act. Amends the Criminal Code of 2012. Includes in the Homicide
Article and the Assault and Battery Subdivision of the Code definitions
that define "person", "individual", and "another" as any living human
being, including a preborn child at any stage of biological development,
from fertilization until natural death. Provides that these definitions do
not apply to the unintentional death of an unborn child when such death
results from: (1) the undertaking of life-saving procedures on a pregnant
woman when such procedures are accompanied by reasonable steps, if
available, to save the life of her unborn child; or (2) spontaneous
miscarriage. Provides that enforcement when the victim is an unborn child
is subject to the same presumptions, defenses, justifications, immunities,
and clemencies as would apply to the homicide of a human being who had been
born alive. Provides that the provisions of the Article and Subdivision
are in addition to any other provisions relating to the death of an unborn
child and supersede any other provisions relating to the death of an unborn
child to the extent that those provisions are in conflict with or are
inconsistent with the provisions of the Article and Subdivision.
Eliminates various offenses as conforming changes. Amends the Wrongful
Death Act. Defines "person" to include an unborn child. Defines "unborn
child" and "fertilization". Makes other changes. Provides that the Act is
prospective. Contains a severability provision. Effective immediately.
LRB104 18824 RLC 32269 b

A BILL FOR

SB3572
LRB104 18824 RLC 32269 b
1

AN ACT concerning abortion.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be referred to as the
5
Abolish Abortion Illinois Act.

6

Section 5.
The General Assembly finds that:
7

(1) Section 1 of Article I of the Illinois
8

Constitution recognizes that all persons possess inherent
9

and inalienable rights, including life.
10

(2) Section 2 of Article I of the Illinois
11

Constitution provides that no person shall be deprived of
12

life without due process of law nor be denied the equal
13

protection of the laws.
14

(3) These provisions declaring an inalienable right to
15

life, due process, and equal protection of the laws have
16

been turned on their head by the erroneous interpretation
17

of the Supreme Court of this State, which held in Hope
18

Clinic for Women, Ltd. v. Flores, 2013 IL 112673, 66-73,
19

991 N.E.2d 745 that the due process clause of the State's
20

Constitution protected a woman's purported right to
21

abortion.
22

(4) The Fourteenth Amendment to the Constitution of
23

the United States provides that no State shall deny to any

SB3572
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LRB104 18824 RLC 32269 b
1

person the equal protection of the laws.
2

(5) Illinois law already recognizes unborn children as
3

victims of wrongful death and homicide in numerous
4

contexts, while creating statutory exemptions for
5

abortion.
6

(6) The General Assembly finds that exemptions
7

permitting the intentional killing of unborn children
8

through abortion are incompatible with principles of equal
9

protection, due process, and the State's duty to protect
10

human life.
11

(7) Innocent human life, created in the image of God,
12

should therefore be equally protected under the laws from
13

fertilization through natural death.
14

(8) To ensure the right to life and equal protection
15

of the laws, all preborn children should be protected with
16

the same criminal and civil laws protecting the lives of
17

born persons by repealing provisions that permit prenatal
18

homicide and battery.
19

(9) All persons potentially subject to such laws are
20

entitled to due process protections.
21

(10) Pregnant mothers should be protected from being
22

pressured to abort their children.
23

(11) Provisions that may allow a person to aid,
24

advise, hire, counsel, or procure a mother to abort her
25

child should be repealed.

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LRB104 18824 RLC 32269 b
1

Section 10.
The Criminal Code of 2012 is amended by adding
2
Sections 9-0.5 and 12-0.5 as follows:

3

(720 ILCS 5/9-0.5 new)
4

Sec. 9-0.5.
Definitions.
5

(a) For purposes of this Article:
6

"Person", "individual", and "another" mean any living
7
human being, including a preborn child at any stage of
8
biological development, from fertilization until natural
9
death.
10

"Fertilization" means the fusion of a human spermatozoon
11
with a human ovum.
12

(b) This Section does not apply to the unintentional death
13
of an unborn child when such death results from:
14

(1) the undertaking of life-saving procedures on a
15

pregnant woman when such procedures are accompanied by
16

reasonable steps, if available, to save the life of her
17

unborn child; or
18

(2) spontaneous miscarriage.
19

(c) Enforcement when the victim is an unborn child is
20
subject to the same presumptions, defenses, justifications,
21
immunities, and clemencies as would apply to the homicide of a
22
human being who had been born alive.
23

(d) The provisions of this Article are in addition to any
24
other provisions relating to the death of an unborn child and
25
supersede any other provisions relating to the death of an

SB3572
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LRB104 18824 RLC 32269 b
1
unborn child to the extent that those provisions are in
2
conflict with or are inconsistent with the provisions of this
3
Article.

4

(720 ILCS 5/12-0.5 new)
5

Sec. 12-0.5.
Definitions.
6

(a) In this subdivision:
7

"Person", "individual", and "another" mean any living
8
human being, including a preborn child at any stage of
9
biological development, from fertilization until natural
10
death.
11

"Fertilization" means the fusion of a human spermatozoon
12
with a human ovum.
13

(b) This Section does not apply to the unintentional death
14
of an unborn child when such death results from:
15

(1) the undertaking of life-saving procedures on a
16

pregnant woman when such procedures are accompanied by
17

reasonable steps, if available, to save the life of her
18

unborn child; or
19

(2) spontaneous miscarriage.
20

(c) Enforcement when the victim is an unborn child is
21
subject to the same presumptions, defenses, justifications,
22
immunities, and clemencies as would apply to the assault or
23
battery of a human being who had been born alive.
24

(d) The provisions of this subdivision are in addition to
25
any other provisions relating to the injury of an unborn child

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1
and supersede any other provisions relating to the injury of
2
an unborn child to the extent that those provisions are in
3
conflict with or are inconsistent with the provisions of this
4
subdivision.

5

(720 ILCS 5/9-1.2 rep.)
6

(720 ILCS 5/9-2.1 rep.)
7

(720 ILCS 5/9-3.2 rep.)
8

(720 ILCS 5/12-3.1 rep.)
9

Section 15.
The Criminal Code of 2012 is amended by
10
repealing Sections 9-1.2, 9-2.1, 9-3.2, and 12-3.1.

11

Section 20.
The Wrongful Death Act is amended by changing
12
Section 1 as follows:

13

(740 ILCS 180/1)

(from Ch. 70, par. 1)
14

Sec. 1.
Action for damages.

15

(a)
Whenever the death of a person shall be caused by
16
wrongful act, neglect or default, and the act, neglect or
17
default is such as would, if death had not ensued, have
18
entitled the party injured to maintain an action and recover
19
damages, including punitive damages when applicable, in
20
respect thereof, then and in every such case the person who or
21
company or corporation which would have been liable if death
22
had not ensued, shall be liable to an action for damages,
23
including punitive damages when applicable, notwithstanding

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LRB104 18824 RLC 32269 b
1
the death of the person injured, and although the death shall
2
have been caused under such circumstances as amount in law to
3
felony. Nothing in this Section affects the applicability of
4
Section 2-1115 of the Code of Civil Procedure or Section 2-102
5
or 2-213 of the Local Governmental and Governmental Employees
6
Tort Immunity Act. Punitive damages are not available in an
7
action for healing art malpractice or legal malpractice or in
8
an action against the State or unit of local government or an
9
employee of the State or an employee of a unit of local
10
government in his or her official capacity. The changes made
11
to this Section by this amendatory Act of the 103rd General
12
Assembly apply to actions filed on and after the effective
13
date of this amendatory Act of the 103rd General Assembly.
14

(b) For purposes of this Section:
15

(1) "Person" includes an unborn child.
16

(2) "Unborn child" means an individual living human
17

being at any stage of development from fertilization to
18

birth.
19

(3) "Fertilization" means the fusion of a human
20

spermatozoon with a human ovum.
21

(c) The provisions of this Act are in addition to any other
22
provisions relating to the injury or death of an unborn child.
23
The provisions of this Act supersede any other provisions
24
relating to the injury or death of an unborn child to the
25
extent that those provisions are in conflict with or are
26
inconsistent with the provisions of this Act.

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LRB104 18824 RLC 32269 b
1
(Source: P.A. 103-514, eff. 8-11-23.)

2

(740 ILCS 180/2.2 rep.)
3

Section 25.
The Wrongful Death Act is amended by repealing
4
Section 2.2.

5

Section 97.
Severability.
The provisions of this Act are
6
severable under Section 1.31 of the Statute on Statutes.

7

Section 98.
Prospective application.
This Act is
8
prospective only and shall not apply to any act or neglect
9
committed prior to the effective date of this Act. For the
10
purposes of this Act, an act, neglect, or default occurred
11
before the effective date of this Act if any element of the act
12
occurred before that date.

13

Section 99.
Effective date.
This Act takes effect upon
14
becoming law.

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