Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB175 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 175
5	5	April 14, 2023 - Introduced by Representatives ROZAR, BINSFELD, DUCHOW, KNODL,
6	6	RODRIGUEZ, SAPIK, SCHUTT, VOS, AUGUST, BORN, CALLAHAN, DALLMAN, GREEN,
7	7	HURD, S. JOHNSON, KITCHENS, KRUG, KURTZ, MICHALSKI, MURSAU, NEYLON,
8	8	NOVAK, OLDENBURG, PLUMER, SNYDER, SPIROS, SUMMERFIELD, SWEARINGEN,
9	9	WITTKE, DONOVAN, DITTRICH, NEDWESKI, MOSES and ZIMMERMAN, cosponsored
10	10	by Senators FELZKOWSKI, CABRAL-GUEVARA, JAMES, WANGGAARD and
11	11	WIMBERGER. Referred to Committee on Health, Aging and Long-Term Care.
12	12	*AUTHORS SUBJECT TO CHANGE*
13	13	AN ACT to create 940.04 (5g), 940.04 (5r) and 940.04 (7) of the statutes; relating
14	14	to: clarification of medical necessity for abortion and exceptions in cases of rape
15	15	or incest.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill amends a statute that provides that any person, other than the mother,
18	18	who intentionally destroys the life of an unborn child is guilty of a Class H felony.
19	19	The statute also provides that any person, other than the mother, who intentionally
20	20	destroys the life of an unborn quick child or causes the mother's death by an act done
21	21	with intent to destroy the life of an unborn child is guilty of a Class E felony. None
22	22	of these penalties apply to a therapeutic abortion that is performed by a physician;
23	23	is necessary, or advised by two other physicians as necessary, to save the life of the
24	24	mother; and, unless an emergency prevents, is performed in a licensed maternity
25	25	hospital. The statute does not further define the phrase “to save the life of the
26	26	mother.”
27	27	The bill amends this statute by specifying that the circumstances under which
28	28	the therapeutic abortion exception applies are: 1) when pregnancy is
29	29	contraindicated due to a serious risk of death of the pregnant woman or of substantial
30	30	and irreversible physical impairment of a major bodily function of the woman; or 2)
31	31	in any circumstance in which the fetus has no chance of survival, including a physical
32	32	condition of the fetus that makes survival of the fetus outside of the uterus not
33	33	possible, an anembryonic pregnancy, an ectopic pregnancy, or a molar pregnancy.
34	34	The bill also provides that the phrase “destroy the life” or “destroys the life” as used
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37	37	3 - 2 -2023 - 2024 Legislature LRB-2432/1
38	38	SWB:cjs&emw
39	39	ASSEMBLY BILL 175
40	40	in the statute does not include removal of a fetus that no longer has a heartbeat. The
41	41	bill further provides that the section does not apply to any pregnancy in the first
42	42	trimester if the pregnancy is the result of sexual assault or incest.
43	43	The people of the state of Wisconsin, represented in senate and assembly, do
44	44	enact as follows:
45	45	SECTION 1. 940.04 (5g) of the statutes is created to read:
46	46	940.04 (5g) For purposes of sub. (5), “to save the life of the mother” means any
47	47	of the following:
48	48	(a) When pregnancy is contraindicated due to a serious risk of death of the
49	49	pregnant woman or of substantial and irreversible physical impairment of a major
50	50	bodily function of the woman.
51	51	(b) Any circumstance in which the fetus has no chance of survival, including
52	52	a physical condition of the fetus that makes survival of the fetus outside of the uterus
53	53	not possible, an anembryonic pregnancy, an ectopic pregnancy, or a molar pregnancy.
54	54	SECTION 2. 940.04 (5r) of the statutes is created to read:
55	55	940.04 (5r) In this section, the phrase “destroy the life” or “destroys the life”
56	56	does not include removal of a fetus that no longer has a heartbeat.
57	57	SECTION 3. 940.04 (7) of the statutes is created to read:
58	58	940.04 (7) This section does not apply to any pregnancy in the first trimester
59	59	if the pregnancy is the result of sexual assault or incest.
60	60	(END)
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