Republican lawmakers in Illinois have introduced a bill that would repeal the state’s Reproductive Health Act and significantly restrict abortion access. House Bill 1333, introduced by Representative Paul Jacobs, aims to replace the current law with the “Illinois Abortion Law of 2025”. This law would override language in the Illinois Abortion

Law of 2021 (HB1893).

Both bills:

• Define “viability” to include when a fetus has a detectable heartbeat
• Prohibit abortions after viability except to preserve the life or health of the mother
• Require a second physician to be present for post-viability abortions
• Mandate reporting of abortion procedures and complications to the Department of Public Health

Definition of Viability

One of the most critical differences lies in how each bill defines viability:

• HB1333 (2025) expands the definition to include instances when a fetal heartbeat is detected. This means that viability could be determined much earlier in pregnancy, effectively allowing for fewer circumstances under which an abortion could be performed.
• HB1893 (2021) maintains a more traditional understanding of viability, which is generally associated with the fetus’s ability to survive outside the womb.

Partial Birth Abortions

Both bills define partial-birth abortion as a procedure where the person performing the abortion “partially vaginally delivers a living human fetus or infant before killing the fetus or infant and completing the delivery”. They also both make performing a partial-birth abortion a Class 4 felony, except when necessary to save the mother’s life due to physical conditions arising from the pregnancy itself.

• HB1333 (2025) defines it as a procedure where the person performing the abortion “partially vaginally delivers a living human fetus or infant before killing the fetus or infant and completing the delivery”
• HB1893 (2021) defines it as a procedure where the person performing the abortion “partially vaginally delivers a living fetus before killing the fetus and completing the delivery”

Reporting Requirements

The bills also diverge significantly in their reporting requirements for abortion providers:

• HB1333 (2025) imposes extensive reporting obligations, mandating abortion providers to report complications as well as detailed patient information. This could place additional administrative burdens on healthcare providers and may discourage them from offering services due to increased scrutiny.
• HB1893 (2021) features less stringent reporting requirements, which may streamline processes for healthcare providers but could also limit data collection on abortion-related complications.

Penalties for Violations

The penalties outlined in each bill reflect differing approaches to enforcement:

• HB1333 (2025) establishes harsher penalties for violations, categorizing more actions as felonies. 
• HB1893 (2021) presents somewhat lighter penalties overall, suggesting a less punitive approach towards enforcement.

Spousal Consent Provisions

Another notable distinction is found in the treatment of spousal consent:

• HB1333 (2025) includes a provision that allows courts to issue injunctions against abortions if a husband objects, thereby giving spouses significant influence over a woman’s decision regarding her pregnancy.
• HB1893 (2021) does not contain such a spousal consent provision, which could empower women to make independent decisions regarding their reproductive health without requiring spousal approval.

This bill was filed by the clerk on Jan. 21.  A similar bill failed in 2024.