Text of IL SB 1283 (2024)

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1283 Introduced 2/3/2023, by Sen. Mike Simmons SYNOPSIS AS INTRODUCED: See Index Creates the Gender-Affirming Health Care Protection Act. Restricts the State from: (1) applying a law of another state that authorizes civil or criminal penalties against any person for providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care; (2) enforcing or satisfying a civil judgment received under a law of another state that authorizes civil or criminal penalties against any person for providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care; or (3) aiding or intentionally participating in a criminal investigation, arrest, search, or detention of an individual pursuant to a criminal law of another state that authorizes civil or criminal penalties against any person for providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care. Prohibits a law enforcement officer from knowingly participating in the arrest of an individual pursuant to an out-of-state arrest warrant issued solely on the basis of the individual providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care. Amends the Uniform Criminal Extradition Act. Prohibits the Governor from complying with a demand of another state to surrender an individual for providing, authorizing, aiding, assisting, receiving, or otherwise allowing a child to receive gender-affirming care or referring a child for such care. Amends the Code of Civil Procedure. Restricts a subpoena from being issued if the subpoena is based on a violation of another state's laws that interfere with a person's right to allow a child to receive gender-affirming care. Restricts a person or entity from releasing medical information based on another state's laws that authorizes a person to bring a civil action against a person or entity that allows a child to receive gender-affirming care. Makes conforming changes in the Uniform Interstate Depositions and Discovery Act. LRB103 27625 LNS 54001 b A BILL FOR SB1283LRB103 27625 LNS 54001 b 1 AN ACT concerning human rights. 2 Be it enacted by the People of the State of Illinois, 3represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5Gender-Affirming Health Care Protection Act. 6 Section 5. Findings. The General Assembly finds that: 7 (1) Gender-affirming care encompasses many forms of health 8care support that improve the mental health and overall 9well-being of gender diverse children and adolescents and has 10been shown to increase positive outcomes for transgender and 11nonbinary children and adolescents. 12 (2) Gender diverse adolescents face a significantly higher 13risk of mental health issues, substance use, and suicide than 14their cisgender peers. 15 (3) A safe and affirming health care environment is 16critical to provide positive outcomes for transgender, 17nonbinary, and other gender expansive children and 18adolescents, yet legislation intended to restrict access to 19gender-affirming care has been enacted or introduced in at 20least 15 states. 21 (4) This State's commitment to pursuing positive physical 22and mental health outcomes for gender diverse individuals 23prevents it from participating in the enforcement of the SB1283- 2 -LRB103 27625 LNS 54001 b 1prejudicial policies of other states that are hostile to 2gender diverse children and adolescents. 3 Section 10. Definition. As used in this Act, 4"gender-affirming care" means medically necessary health care 5that respects the gender identity of the patient, as 6experienced and defined by the patient, including, but not 7limited to: 8 (1) interventions to suppress the development of 9 endogenous secondary sex characteristics; 10 (2) interventions to align the patient's appearance or 11 physical body with the patient's gender identity; 12 (3) interventions to alleviate symptoms of clinically 13 significant distress resulting from gender dysphoria, as 14 defined in the Diagnostic and Statistical Manual of Mental 15 Disorders, 5th Edition; or 16 (4) mental health care or behavioral health care that 17 respects the gender identity of the patient, as 18 experienced and defined by the patient, including, but not 19 limited to, developmentally appropriate exploration and 20 integration of identity, reduction of distress, adaptive 21 coping, and strategies to increase family acceptance. 22 Section 15. Restricted State action. 23 (a) A law of another state that authorizes civil or 24criminal penalties against any person for providing, SB1283- 3 -LRB103 27625 LNS 54001 b 1authorizing, aiding, assisting, receiving, or otherwise 2allowing a child to receive gender-affirming care or referring 3a child for such care, so long as the gender-affirming care 4that serves as the basis of the warrant is not alleged to have 5been performed in a manner that violates the laws of this State 6is contrary to the public policy of this State. 7 (b) The State shall not: 8 (1) apply a law described in subsection (a) to a case 9 or controversy heard in State court; 10 (2) enforce or satisfy a civil judgment received 11 through an adjudication under a law described in 12 subsection (a); or 13 (3) aid or intentionally participate in the criminal 14 investigation, arrest, search, or detention of an 15 individual pursuant to a criminal law described in 16 subsection (a). 17 Section 20. Prohibited arrest. Notwithstanding any law to 18the contrary, no law enforcement officer of this State or a 19unit of local government shall knowingly participate in the 20arrest of an individual pursuant to an out-of-state arrest 21warrant issued solely on the basis of the individual 22providing, authorizing, aiding, assisting, receiving, or 23otherwise allowing a child to receive gender-affirming care or 24referring a child for such care, so long as the care that 25serves as the basis of the warrant is not alleged to violate SB1283- 4 -LRB103 27625 LNS 54001 b 1the laws of this State. 2 Section 25. The Uniform Criminal Extradition Act is 3amended by adding Section 4.5 as follows: 4 (725 ILCS 225/4.5 new) 5 Sec. 4.5. Extradition for gender-affirming care 6prohibited. When a demand is made upon the Governor by the 7Executive Authority of another state for the surrender of a 8person charged with providing, authorizing, aiding, assisting, 9receiving, or otherwise permitting in a child receiving 10gender-affirming care or referring a child for such care, so 11long as the gender-affirming care that serves as the basis of 12the warrant is not alleged to have been performed in a manner 13that violates the laws of this State, the Governor shall not 14comply with the demand and shall not surrender the person. As 15used in this Section, "gender-affirming care" has the same 16meaning as provided in Section 10 of the Gender-Affirming 17Health Care Protection Act. 18 Section 30. The Code of Civil Procedure is amended by 19changing Section 2-1101 and by adding Section 2-1101.1 as 20follows: 21 (735 ILCS 5/2-1101) (from Ch. 110, par. 2-1101) 22 Sec. 2-1101. Subpoenas. The clerk of any court in which an SB1283- 5 -LRB103 27625 LNS 54001 b 1action is pending shall, from time to time, issue subpoenas 2for those witnesses and to those counties in the State as may 3be required by either party. Every clerk who shall refuse so to 4do shall be guilty of a petty offense and fined any sum not to 5exceed $100. An attorney admitted to practice in the State of 6Illinois, as an officer of the court, may also issue subpoenas 7on behalf of the court for witnesses and to counties in a 8pending action. An order of court is not required to obtain the 9issuance by the clerk or by an attorney of a subpoena duces 10tecum. For good cause shown, the court on motion may quash or 11modify any subpoena or, in the case of a subpoena duces tecum, 12condition the denial of the motion upon payment in advance by 13the person in whose behalf the subpoena is issued of the 14reasonable expense of producing any item therein specified. 15 In the event that a party has subpoenaed an expert witness 16including, but not limited to physicians or medical providers, 17and the expert witness appears in court, and a conflict arises 18between the party subpoenaing the expert witness and the 19expert witness over the fees charged by the expert witness, 20the trial court shall be advised of the conflict. The trial 21court shall conduct a hearing subsequent to the testimony of 22the expert witness and shall determine the reasonable fee to 23be paid to the expert witness. 24 Notwithstanding any law to the contrary, no subpoena shall 25be issued if the subpoena is based on a violation of another 26state's laws that interfere with a person's right to allow a SB1283- 6 -LRB103 27625 LNS 54001 b 1child to receive gender-affirming care. As used in this 2Section, "gender-affirming care" has the same meaning as 3provided in Section 10 of the Gender-Affirming Health Care 4Protection Act. 5(Source: P.A. 95-1033, eff. 6-1-09.) 6 (735 ILCS 5/2-1101.1 new) 7 Sec. 2-1101.1. Foreign subpoenas related to 8gender-affirming care. 9 (a) Notwithstanding any law to the contrary, a person or 10entity shall not release medical information to a person or 11entity allowing a child to receive gender-affirming care in 12response to any civil action, including a foreign subpoena, 13based on another state's law that authorizes a person to bring 14a civil action against a person or entity that allows a child 15to receive gender-affirming care. 16 (b) Notwithstanding any law to the contrary, a person or 17entity shall not release medical information to a person or 18entity that has requested that information and that is 19authorized by law to receive it if the information is related 20to a person or entity allowing a child to receive 21gender-affirming care and the information is being requested 22pursuant to another state's law that authorizes a person to 23bring a civil action against a person or entity that allows a 24child to receive gender-affirming care. 25 (c) As used in this Section, "gender-affirming care" has SB1283- 7 -LRB103 27625 LNS 54001 b 1the same meaning as provided in Section 10 of the 2Gender-Affirming Health Care Protection Act. 3 Section 35. The Uniform Interstate Depositions and 4Discovery Act is amended by changing Sections 2 and 3 as 5follows: 6 (735 ILCS 35/2) 7 Sec. 2. Definitions. In this Act: 8 (1) "Foreign jurisdiction" means a state other than this 9State. 10 (2) "Foreign subpoena" means a subpoena issued under 11authority of a court of record of a foreign jurisdiction. 12 (2.5) "Gender-affirming care" means medically necessary 13health care that respects the gender identity of the patient, 14as experienced and defined by the patient, including, but not 15limited to: 16 (A) interventions to suppress the development of 17 endogenous secondary sex characteristics; 18 (B) interventions to align the patient's appearance or 19 physical body with the patient's gender identity; 20 (C) interventions to alleviate symptoms of clinically 21 significant distress resulting from gender dysphoria, as 22 defined in the Diagnostic and Statistical Manual of Mental 23 Disorders, 5th Edition; or 24 (D) mental health care or behavioral health care that SB1283- 8 -LRB103 27625 LNS 54001 b 1 respects the gender identity of the patient, as 2 experienced and defined by the patient, including, but not 3 limited to, developmentally appropriate exploration and 4 integration of identity, reduction of distress, adaptive 5 coping, and strategies to increase family acceptance. 6 (3) "Person" means an individual, corporation, business 7trust, estate, trust, partnership, limited liability company, 8association, joint venture, public corporation, government, or 9governmental subdivision, agency or instrumentality, or any 10other legal or commercial entity. 11 (4) "State" means a state of the United States, the 12District of Columbia, Puerto Rico, the United States Virgin 13Islands, a federally recognized Indian tribe, or any territory 14or insular possession subject to the jurisdiction of the 15United States. 16 (5) "Subpoena" means a document, however denominated, 17issued under authority of a court of record requiring a person 18to: 19 (A) attend and give testimony at a deposition; 20 (B) produce and permit inspection and copying of 21 designated books, documents, records, electronically 22 stored information, or tangible things in the possession, 23 custody, or control of the person; or 24 (C) permit inspection of premises under the control of 25 the person. 26(Source: P.A. 99-79, eff. 1-1-16.) SB1283- 9 -LRB103 27625 LNS 54001 b 1 (735 ILCS 35/3) 2 Sec. 3. Issuance of subpoena. 3 (a) To request issuance of a subpoena under this Section, 4a party must submit a foreign subpoena to a clerk of court in 5the county in which discovery is sought to be conducted in this 6State. A request for the issuance of a subpoena under this Act 7does not constitute an appearance in the courts of this State. 8 (b) When a party submits a foreign subpoena to a clerk of 9court in this State, the clerk, in accordance with that 10court's procedure, shall promptly issue a subpoena for service 11upon the person to which the foreign subpoena is directed 12unless issuance is prohibited by Section 3.5. 13 (c) A subpoena under subsection (b) must: 14 (A) incorporate the terms used in the foreign 15 subpoena; and 16 (B) contain or be accompanied by the names, addresses, 17 and telephone numbers of all counsel of record in the 18 proceeding to which the subpoena relates and of any party 19 not represented by counsel. 20 (d) Notwithstanding any law to the contrary, no subpoena 21shall be issued pursuant to this Section if the foreign 22subpoena is based on a violation of another state's laws that 23interfere with a person's right to allow a child to receive 24gender-affirming care. 25(Source: P.A. 102-1117, eff. 1-13-23.) SB1283- 10 -LRB103 27625 LNS 54001 b 1 Section 97. Severability. The provisions of this Act are 2severable under Section 1.31 of the Statute on Statutes. SB1283- 11 -LRB103 27625 LNS 54001 b 1 INDEX 2 Statutes amended in order of appearance