Text of IL HB 5586 (2024)

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5586 Introduced , by Rep. Hoan Huynh SYNOPSIS AS INTRODUCED: 725 ILCS 225/2 from Ch. 60, par. 19 725 ILCS 225/6 from Ch. 60, par. 23 735 ILCS 35/3.5 735 ILCS 40/28-10 735 ILCS 40/28-20 750 ILCS 36/207 Amends the Uniform Criminal Extradition Act. Provides that no person shall be arrested or extradited for acts committed or services received in this State involving gender-affirming care, as defined by the World Health Organization, or for any other lawful health care as defined in the Lawful Health Care Activity Act. Amends the Uniform Interstate Depositions and Discovery Act. Prohibits a clerk from issuing a subpoena based on a foreign subpoena that is related to enforcement of another state's law that would interfere with an individual's right to receive gender-affirming care. Amends the Lawful Health Care Activity Act. Expands the definition of "lawful health care" to include gender-affirming care. Amends the Uniform Child-Custody Jurisdiction and Enforcement Act. In any child custody case that involves the provision of gender-affirming care for a child, prohibits a court from determining that this State is an inconvenient forum if the law or policy of another state that may take jurisdiction limits the ability of a parent to obtain gender-affirming care for the child. LRB103 38527 JRC 68663 b A BILL FOR HB5586LRB103 38527 JRC 68663 b 1 AN ACT concerning civil law. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 5. The Uniform Criminal Extradition Act is amended 5by changing Sections 2 and 6 as follows: 6 (725 ILCS 225/2) (from Ch. 60, par. 19) 7 Sec. 2. Fugitives from justice: duty of Governor. 8 Subject to the provisions of this Act, the provisions of 9the Constitution of the United States controlling, and any and 10all acts of Congress enacted in pursuance thereof, it is the 11duty of the Governor of this State to have arrested and 12delivered up to the Executive Authority of any other state of 13the United States any person charged in that State with 14treason, felony, or other crime, who has fled from justice and 15is found in this State, except that no person shall be so 16arrested for acts committed or services received in this State 17involving gender-affirming care as defined by the World Health 18Organization, or for any other lawful health care as defined 19in the Lawful Health Care Activity Act. 20(Source: Laws 1955, p. 1982.) 21 (725 ILCS 225/6) (from Ch. 60, par. 23) 22 Sec. 6. Extradition of persons not present in demanding HB5586- 2 -LRB103 38527 JRC 68663 b 1state at time of commission of crime. 2 The Governor of this State may also surrender, on demand 3of the Executive Authority of any other state, any person in 4this State charged in such other state in the manner provided 5in Section 3 with committing an act in this State, or in a 6third state, intentionally resulting in a crime in the state 7whose Executive Authority is making the demand. However, the 8Governor of this State shall not surrender such a person if the 9charge is based on conduct that involves seeking, providing, 10receiving, assisting in seeking, providing, or receiving, 11providing material support for, or traveling to obtain lawful 12health care, including gender-affirming care, as defined by 13Section 28-10 of the Lawful Health Care Activity Act, that is 14not unlawful under the laws of this State, including a charge 15based on any theory of vicarious, joint, several, or 16conspiracy liability. 17(Source: P.A. 102-1117, eff. 1-13-23.) 18 Section 10. The Uniform Interstate Depositions and 19Discovery Act is amended by changing Section 3.5 as follows: 20 (735 ILCS 35/3.5) 21 Sec. 3.5. Unenforceable foreign subpoenas. 22 (a) If a request for issuance of a subpoena pursuant to 23this Act seeks documents or information related to lawful 24health care activity, as defined in the Lawful Health Care HB5586- 3 -LRB103 38527 JRC 68663 b 1Activity Act, or seeks documents in support of any claim that 2interferes with rights under the Reproductive Health Act, then 3the person or entity requesting the subpoena shall include an 4attestation, signed under penalty of perjury, confirming and 5identifying that an exemption in subsection (c) applies. Any 6false attestation submitted under this Section or the failure 7to submit an attestation required by this Section shall be 8subject to a statutory penalty of $10,000 per violation. 9Submission of such attestation shall subject the attestor to 10the jurisdiction of the courts of this State for any suit, 11penalty, or damages arising out of a false attestation under 12this Section. 13 (b) No clerk of court shall issue a subpoena based on a 14foreign subpoena that: 15 (1) requests information or documents related to 16 lawful health care activity, as defined in the Lawful 17 Health Care Activity Act; or 18 (2) is related to the enforcement of another state's 19 law that would interfere with an individual's rights under 20 the Reproductive Health Act; or 21 (3) is related to enforcement of another state's law 22 that would interfere with an individual's right to receive 23 gender-affirming care, as described in the Lawful Health 24 Care Activity Act and as defined by the World Health 25 Organization. 26 (c) A clerk of court may issue the subpoena if the subpoena HB5586- 4 -LRB103 38527 JRC 68663 b 1includes the attestation as described in subsection (a) and 2the subpoena relates to: 3 (1) an out-of-state action founded in tort, contract, 4 or statute brought by the patient who sought or received 5 the lawful health care or the patient's authorized legal 6 representative, for damages suffered by the patient or 7 damages derived from an individual's loss of consortium of 8 the patient, and for which a similar claim would exist 9 under the laws of this State; or 10 (2) an out-of-state action founded in contract brought 11 or sought to be enforced by a party with a contractual 12 relationship with the individual whose documents or 13 information are the subject of the subpoena and for which 14 a similar claim would exist under the laws of this State. 15 (d) Any person or entity served with a subpoena reasonably 16believed to be issued in violation of this Section shall not 17comply with the subpoena. 18 (e) Any person or entity who is the recipient of, or whose 19lawful health care is the subject of, a subpoena reasonably 20believed to be issued in violation of this Section may, but is 21not required to, move to modify or quash the subpoena. 22 (f) No court shall issue an order compelling a person or 23entity to comply with a subpoena found to be in violation of 24this Section. 25 (g) As used in this Section, "lawful health care" and 26"lawful health care activity" have the meanings given to those HB5586- 5 -LRB103 38527 JRC 68663 b 1terms in Section 28-10 of the Lawful Health Care Activity Act. 2 (h) The Supreme Court shall have jurisdiction to adopt 3rules for the implementation of this Section. 4(Source: P.A. 102-1117, eff. 1-13-23.) 5 Section 15. The Lawful Health Care Activity Act is amended 6by changing Sections 28-10 and 28-20 as follows: 7 (735 ILCS 40/28-10) 8 Sec. 28-10. Definitions. As used in this Act: 9 "Lawful health care" means: 10 (1) reproductive health care that is not unlawful 11 under the laws of this State, including on any theory of 12 vicarious, joint, several, or conspiracy liability; or 13 (2) the treatment of gender dysphoria or the 14 affirmation of an individual's gender identity or gender 15 expression through gender-affirming care, including, but 16 not limited to, all supplies, care, and services of a 17 medical, behavioral health, mental health, surgical, 18 psychiatric, therapeutic, diagnostic, preventative, 19 rehabilitative, or supportive nature that is not unlawful 20 under the laws of this State, including on any theory of 21 vicarious, joint, several, or conspiracy liability. 22 "Lawful health care activity" means seeking, providing, 23receiving, assisting in seeking, providing, or receiving, 24providing material support for, or traveling to obtain lawful HB5586- 6 -LRB103 38527 JRC 68663 b 1health care. 2 "Reproductive health care" shall have the same meaning as 3Section 1-10 of the Reproductive Health Act. 4(Source: P.A. 102-1117, eff. 1-13-23.) 5 (735 ILCS 40/28-20) 6 Sec. 28-20. Limits on execution of foreign judgments. In 7any action filed to enforce the judgment of a foreign state, 8issued in connection with any litigation concerning lawful 9health care, the court hearing the action shall not give any 10force or effect to any judgment issued regarding activity that 11is lawful under the laws of this State without jurisdiction. 12(Source: P.A. 102-1117, eff. 1-13-23.) 13 Section 20. The Uniform Child-Custody Jurisdiction and 14Enforcement Act is amended by changing Section 207 as follows: 15 (750 ILCS 36/207) 16 Sec. 207. Inconvenient Forum. 17 (a) A court of this State which has jurisdiction under 18this Act to make a child-custody determination may decline to 19exercise its jurisdiction at any time if it determines that it 20is an inconvenient forum under the circumstances and that a 21court of another state is a more appropriate forum. The issue 22of inconvenient forum may be raised upon motion of a party, the 23court's own motion, or request of another court. HB5586- 7 -LRB103 38527 JRC 68663 b 1 (b) Before determining whether it is an inconvenient 2forum, a court of this State shall consider whether it is 3appropriate for a court of another state to exercise 4jurisdiction. For this purpose, the court shall allow the 5parties to submit information and shall consider all relevant 6factors, including: 7 (1) whether domestic violence has occurred and is 8 likely to continue in the future and which state could 9 best protect the parties and the child; 10 (2) the length of time the child has resided outside 11 this State; 12 (3) the distance between the court in this State and 13 the court in the state that would assume jurisdiction; 14 (4) the relative financial circumstances of the 15 parties; 16 (5) any agreement of the parties as to which state 17 should assume jurisdiction; 18 (6) the nature and location of the evidence required 19 to resolve the pending litigation, including testimony of 20 the child; 21 (7) the ability of the court of each state to decide 22 the issue expeditiously and the procedures necessary to 23 present the evidence; and 24 (8) the familiarity of the court of each state with 25 the facts and issues in the pending litigation. 26 (c) If a court of this State determines that it is an HB5586- 8 -LRB103 38527 JRC 68663 b