Wisconsin Assembly Bill AB218

Wisconsin 2023-2024 Regular Session

• Introduced: 4/20/23
• Refer: 4/20/23
• Failed: 4/15/24

Caption

Eliminating certain abortion prohibitions.

Impact

If enacted, AB218 would fundamentally change the legal landscape surrounding reproductive rights in Wisconsin by removing certain abortion-related legal constraints. This would mean that the penalties currently applied to outsiders involved in abortion procedures would no longer exist, potentially aligning Wisconsin law more closely with current federal standards post-Dobbs ruling, which returned regulatory authority to individual states. Supporters of the bill argue that this change is vital for safeguarding reproductive health and ensuring that individuals seeking or performing abortions are not subject to criminal prosecution.

Summary

Assembly Bill 218 seeks to repeal existing legal provisions that impose criminal penalties on individuals, other than the mother, who intentionally destroy the life of an unborn child. Currently, the law categorizes these actions as either a Class H or Class E felony based on specific circumstances. The bill specifically targets and aims to eliminate Wisconsin Statute 940.04, which has faced legal challenges for its enforceability, particularly following significant Supreme Court rulings such as Roe v. Wade and Dobbs v. Jackson Women's Health Organization.

Contention

The bill has generated significant debate among lawmakers and advocacy groups. Proponents argue that repealing the statute is essential for protecting women's rights and healthcare autonomy. Conversely, opponents express concern that eliminating these penalties may lead to a greater normalization of actions perceived as harmful towards unborn children, fundamentally undermining moral and ethical standards related to fetal rights. Additionally, the ongoing litigation related to the previous statute indicates a contentious backdrop of legal and ethical discussions that this bill must navigate.