Comparison of the Federal Born-Alive Infants Protection Act and Illinois SB1082


On March 12-13, 2003, the Illinois state senate committee chaired by Senator Barack Obama amended the proposed state Born-Alive Infants Protection bill (SB 1082) to exactly track the language of the already-enacted federal BAIPA, by adopting Senate Amendment No. 1, 10-0.  The committee then voted to kill the amended bill, 6-4, with Obama and the other Democrats on the committee voting against it.  The bill that Obama and his colleges voted to kill, as amended, was virtually identical to the federal law.  The entirely non-substantive points at which the state bill language still differed from the federal law are shown in brackets below (except we have ignored differences in capitalizing).

 

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Public Law 107–207 [Illinois SB 1082]
107th Congress


An Act
To protect [Illinois: concerning] infants who are born alive.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, [Illinois: Be it enacted by the People of the State of Illinois, represented in the General Assembly:  Section 5.  The Statute on Statutes is amended by adding Section 1.36 as follows:]


SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Born-Alive Infants Protection
Act of 2002’’. [Illinois: no formal title]
SEC. 2. DEFINITION OF BORN-ALIVE INFANT. [Illinois: Section 1.36.  Born-alive infant.]
(a) IN GENERAL.—Chapter 1 of title 1, United States Code,
is amended by adding at the end the following:
‘‘§ 8. ‘Person’, ‘human being’, ‘child’, and ‘individual’ as
including born-alive infant  [Illinois: lacks this section heading]
‘‘(a) In determining the meaning of any Act of Congress, [Illinois: statute] or
of any ruling [Illinois: rule], regulation, or interpretation of the various administrative bureaus and agencies of the United States [Illinois: this State], the words ‘person’, ‘human being’, ‘child’, and ‘individual’, shall include [Illinois: include] every infant member of the species homo sapiens who is born alive at any stage of development.
‘‘(b) As used in this section, the term ‘born alive’, with respect to a member of the species homo sapiens, means the complete expulsion or extraction from his or her  [Illinois: its] mother of that member, at any stage of development, who after such [Illinois: that] expulsion or extraction breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut,,   Illinois: no comma]and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.
‘‘(c) Nothing in this section shall be construed to affirm, deny,
expand, or contract any legal status or legal right applicable to any member of the species homo sapiens at any point prior to being ‘born alive’ [Illinois: no quotes] as defined in this section.’’.


(b) CLERICAL AMENDMENT.—The table of sections at the beginning
of chapter 1 of title 1, United States Code, is amended by
adding at the end the following new item:
‘‘8. ‘Person’, ‘human being’, ‘child’, and ‘individual’ as including born-alive infant.’’.  [Illinois: Section 99.  Effective date.  This Act takes effect upon becoming law.]