Legislation Targeting Abortion in Illinois: An Attack on a Sanctuary State

Since Roe V. Wade was overturned, Illinois has become one of the states considered a ‘safe haven’ for abortion. But in early February, Representative Adam Niemerg proposed to create restrictions that parallel strict red states throughout the country.

“Illinois is a haven state in Illinois because of the hard work of our supporters, Illinois voters and the champions of choice elected officials, including Governor JB Pritzker,” said Cristina Villarreal, Chief External Affairs Officer for Planned Parenthood Illinois Action. “Pieces of legislation like HB3243 or any other bill that would restrict or limit access to abortion, do not stop the need for abortion care. It only places unnecessary and undo barriers to care.”

As of March 21, the bill is currently re-referred to the Rules Committee after being assigned to Health Care Availability & Accessibility Committee. There are no additional sponsors and the bill failed to meet the deadline to move on from the House to the Senate.

“I just don’t think it’s moving anywhere in this legislative session,” said Sarah Garza Resnick

of Personal PAC, a nonpartisan political action committee dedicated to protecting and advancing reproductive rights for all women in Illinois. “I believe the anti-choicers, which this representative is one of them, are emboldened to propose these types of legislation. You see this happening all over this country, where pregnancy is being criminalized, where people want to punish abortion, people who seek abortion access can be punishable up to death, where they want to start criminalizing people for crossing state lines.”

HB3243 can be broken down into a law, three acts, and the repeal of former legislation.

The Illinois Abortion Law of 2025 has provisions that are similar to the Illinois Abortion Law of 1975 before its repeal by Public Act 101-13. This would create limiting restrictions on the ability for the performance of an abortion to be carried out. This law refines certain definitions, such as “viability,”  “fetal heartbeat,”and “unborn child,” often used in more restrictive abortion frameworks.

“For instance, say a heartbeat is in 18 days, ‘please protect the mother and child.’ I saw one of those the other day. That is not a heartbeat. There is no heart,” Garza Resnick added. “The organ doesn’t exist in the embryo. So again, it’s a perfect example of the anti-choice movement, using myths and disinformation to make people have feelings about things that are not rooted in medicine and science.”

In the bill text, “viability” can be determined by the medical judgment of the physician based on either two factors: if the unborn child has a fetal heartbeat or if there is a likelihood of survival of the fetus outside the womb, with or without artificial support.

“In viability, there is no one fixed moment in time. Every pregnancy is different, and that is why we should not use viability. The government at no point should have any interference in healthcare,” said Garza Resnick. “There is never going to be a state representative or a governor or a state senator that knows more about my body than me and my doctor.”

Under section 1-15, abortions may only be performed in order to preserve the life of the mother and/or the fetus. Failure to comply would result in the physician facing a Class 2 felony. The following section, 1-20, outlines if a physician performs an abortion against medical judgment and/or when the fetus could be viable, that the action could result in a Class 3 felony.

“Nobody should ever be criminalized, both the provider or the patient, for seeking health care,” said Garza Resnick. “Life-affirming health care.”

This law would also limit access to Illinois residents, preventing those seeking healthcare from traveling to what has been considered a safe haven.

The Partial-Birth Abortion Ban Act proposes reinstatement of prohibition on an abortion procedure called a “partial-birth abortion.” This act parallels provisions of the earlier Illinois Partial-Birth Abortion Ban Act, which in 2019 was repealed by the Reproductive Health Act.

“Partial-birth abortion,” a non-medical term created by far-right politicians, is defined as an abortion where the physician performing the procedure partially vaginally delivers a living fetus before terminating the fetus. If performed, the act outlines that medical professionals could face a Class 2 felony.

“It’s not what would ever come out of a doctor’s mouth. Those are talking points used by the anti-choice movement to evoke feeling in people,” said Garza Resnick. “Abortions can happen at any stage of pregnancy for a wide variety of reasons and the only people that should be involved in the decision-making are the patient and their provider.”

Under the Abortion Performance Refusal Act, healthcare professionals would have legal protection if they decline to participate in abortion services due to personal convictions. Additionally, providers do not need to provide referrals for alternative facilities who would provide medical access.

This act would prevent employers from penalizing or discriminating employee’s decisions to participate. If employees felt their higher ups violated the act, they could take legal action against the facility.

The Parental Notice of Abortion Act would require parents/guardians to be given a 48-hour notice by the physician before operation would be performed on the minor. If the parent/guardian cannot be directly contacted, a certified letter may be sent. This act would require notification to the parent/guardian, not consent.

However, there are numerous exceptions to the act. For example, if the minor is accompanied by an adult, the notification is waived.

Further, if the minor provides a written statement explaining they are a victim of physical and/or sexual abuse by an adult/guardian they are exempt. A minor can also submit a judicial waiver explaining why notification would not be in their best interest.

Additionally, if the minor is married, divorced, widowed, legally emancipated, or in a medical emergency they are a part of the exception.

Medical professionals who act in good faith as outlined in the Act’s requirements or exceptions are granted statutory immunity. Failure to follow the guidelines in this act could result in professional disciplinary actions.

Additionally, this bill plans to repeal the Reproductive Health Act, the Abortion Care Clinical Training Program Act, the Lawful Health Care Activity Act, the Protecting Reproductive Health Care Services Act, and the Youth Health and Safety Act.

Those five acts are a part of Illinois legislative efforts to protect people’s access to abortion.

The Reproductive Health Act guarantees the fundamental right to make decisions regarding reproductive health, including abortion. The Abortion Care Clinical Training Program Act established more training for healthcare professionals regarding abortion, aiming to increase access to abortion in underprivileged areas.

The Lawful Health Care Activity Act protects anyone who receives or provides abortion care from punishment, such as lawsuits. Further regarding protections, the Protecting Reproductive Health Care Services Act specifically protects clinics by increasing penalties for protesters who attempt to harass those seeking abortion care.

Additionally, the Youth Health and Safety Act repealed parental notice when minors seek abortion care, which allows for minors to make decisions without being forced to disclose to parents.

“People, the voters of Illinois, who overwhelmingly want abortion to be safe, legal, and accessible need to stay vigilant,” said Garza Resnick.

“Everyone should have bodily autonomy and the ability to make a decision that is right for themselves and their lives. Politicians should not have a say in medical decisions – full stop,” said Villarreal. “We will never cease fighting for the rights of all people to have access to the sexual and reproductive health care they need and deserve.”

“No matter your personal views, I think most people can agree that the government should never have any interference in your body whatsoever,” said Garza Resnick. “I also think that college-age students should know that it’s not a coincidence that Illinois is one of the most pro-choice states in the country. It is through decades of hard work of electing people and then holding them accountable to make sure that our government is reflective of what the people want.”