Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB218 Compare Versions

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

Old	New	Differences
1	1	LRB-0692/1
2	2	SWB:cjs
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 218
5	5	April 3, 2023 - Introduced by Representatives SUBECK, EMERSON, C. ANDERSON, J.
6	6	ANDERSON, ANDRACA, BALDEH, BARE, BILLINGS, CABRERA, CLANCY, CONLEY,
7	7	CONSIDINE, DOYLE, DRAKE, GOYKE, HAYWOOD, HONG, JACOBSON, JOERS,
8	8	MADISON, MCGUIRE, MOORE OMOKUNDE, MYERS, NEUBAUER, OHNSTAD,
9	9	ORTIZ-VELEZ, PALMERI, RATCLIFF, RIEMER, SHANKLAND, SHELTON, SINICKI,
10	10	SNODGRASS, STUBBS and VINING, cosponsored by Senators ROYS, AGARD,
11	11	CARPENTER, HESSELBEIN, L. JOHNSON, LARSON, PFAFF, SMITH, SPREITZER, TAYLOR
12	12	and WIRCH. Referred to Committee on Health, Aging and Long-Term Care.
13	13	*AUTHORS SUBJECT TO CHANGE*
14	14	AN ACT to repeal 940.04; and to amend 939.75 (2) (b) 1. and 968.26 (1b) (a) 2.
15	15	a. of the statutes; relating to: eliminating certain abortion prohibitions.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill repeals 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	“Unborn child" is defined in the statute as a human being from the time of conception
20	20	until born alive. The statute also provides that any person, other than the mother,
21	21	who intentionally destroys the life of an unborn quick child or causes the mother's
22	22	death by an act done with intent to destroy the life of an unborn child is guilty of a
23	23	Class E felony. None of these penalties apply to a therapeutic abortion that is
24	24	performed by a physician; is necessary, or advised by two other physicians as
25	25	necessary, to save the life of the mother; and, unless an emergency prevents, is
26	26	performed in a licensed maternity hospital.
27	27	This statute was previously held to be unenforceable. It was cited in Roe v.
28	28	Wade, 410 U.S. 113 (1973), as similar to a Texas statute that was held to violate the
29	29	due process clause of the 14th Amendment of the U.S. Constitution. The
30	30	unenforceability of the statute following the Roe v. Wade decision was noted in a
31	31	subsequent decision by a federal district court, Larkin v. McCann, 368 F. Supp. 1352
32	32	(E.D. Wis. 1974). In June 2022, the United States Supreme Court overturned the Roe
33	33	v. Wade decision in Dobbs v. Jackson Women's Health Org., 142 S. Ct. 2228 (2022).
34	34	1
35	35	2 - 2 -2023 - 2024 Legislature LRB-0692/1
36	36	SWB:cjs
37	37	ASSEMBLY BILL 218
38	38	Litigation concerning the status of the statute is currently pending in state court.
39	39	Kaul v. Urmanski, No. 22-CV-1594 (Wis. Dane Cty. Cir. Ct. 2022).
40	40	The people of the state of Wisconsin, represented in senate and assembly, do
41	41	enact as follows:
42	42	SECTION 1. 939.75 (2) (b) 1. of the statutes is amended to read:
43	43	939.75 (2) (b) 1. An act committed during an induced abortion. This
44	44	subdivision does not limit the applicability of ss. 940.04, 940.13, 940.15 and 940.16
45	45	to an induced abortion.
46	46	SECTION 2. 940.04 of the statutes is repealed.
47	47	SECTION 3. 968.26 (1b) (a) 2. a. of the statutes is amended to read:
48	48	968.26 (1b) (a) 2. a. Section 940.04, 940.11, 940.19 (2), (4), (5), or (6), 940.195
49	49	(2), (4), (5), or (6), 940.198 (2) (b) or (c) or (3), 940.20, 940.201, 940.203, 940.204,
50	50	940.205, 940.207, 940.208, 940.22 (2), 940.225 (3), 940.29, 940.302 (2) (c), 940.32,
51	51	941.32, 941.38 (2), 942.09 (2), 943.10, 943.205, 943.32 (1), 946.43, 946.44, 946.47,
52	52	946.48, 948.02 (3), 948.03 (2) (b) or (c), (3), or (4), 948.04, 948.055, 948.095, 948.10
53	53	(1) (a), 948.11, 948.13 (2) (a), 948.14, 948.20, 948.23 (1), (2), or (3) (c) 2. or 3., or 948.30
54	54	(1).
55	55	(END)
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