What follows is the complete text of the Illinois Born-Alive Infants Protection bill (SB 1082) after it was amended, on March 13, 2003, in the committee chaired by state Senator Barack Obama. The committee then voted 6-4 to kill this bill, with Chairman Obama voting to kill it. The amended bill, as shown below, was virtually identical to the federal Born-Alive Infants Protection Act that was enacted in 2002.
AN ACT concerning infants who are born alive.
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: (5 ILCS 70/1.36 new)
Sec. 1.36. Born-alive infant.
(a) In determining the meaning of any statute or of any rule, regulation, or interpretation of the various administrative agencies of this State, the words “person”, “human being”, “child”, and “individual” 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 its mother of that member, at any stage of development, who after 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 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 [the bill] 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 as defined in this Section.
Section 99. Effective date. This Act takes effect upon becoming law.
To see a side-by-side comparison of the two versions of the Illinois Born Alive Infants Protection Act, both of which Obama opposed, click here.
To see a point-counterpoint White Paper that refutes various points of misinformation disseminated by Senator Obama on this issue, click here.
To return to the NRLC Home Page, click here.
To see a comparison of this bill and the federal Born-Alive Infants Protection law, which Obama later claimed to support, click here.