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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 357
July 27, 2023 - Introduced by Representatives M AGNAFICI, ROZAR, ALLEN,
ARMSTRONG, BEHNKE, BINSFELD, BODDEN, BRANDTJEN, DONOVAN, EDMING,
GOEBEN, GUNDRUM, GUSTAFSON, KRUG, MACCO, MAXEY, MOSES, MURPHY,
NEDWESKI, O'CONNOR, PENTERMAN, RETTINGER, SCHMIDT, SCHRAA, TUSLER and
WICHGERS, cosponsored by Senators QUINN, BALLWEG, HUTTON, JACQUE,
JAGLER, KNODL, MARKLEIN, NASS and TOMCZYK. Referred to Committee on
Criminal Justice and Public Safety.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 253.10 (2) (a); and to repeal and recreate 940.04 (5) of the
statutes; relating to: the definition of abortion.
Analysis by the Legislative Reference Bureau
This bill changes the definition of abortion for purposes of requiring voluntary
and informed consent for abortions to provide that abortion does not include a
physician's performance of a medical procedure or treatment designed or intended
to prevent the death of a pregnant woman and not designed or intended to kill the
unborn child, including an early induction or cesarean section performed due to a
medical emergency or the removal of a miscarriage or an ectopic, anembryonic, or
molar pregnancy, which results in injury to or death of the woman's unborn child
when the physician makes reasonable medical efforts under the circumstances to
preserve both the life of the woman and the life of her unborn child in a manner
consistent with conventional medical practice. This definition applies to certain
other abortion-related provisions, including prohibitions on funding for
abortion-related activities, limitations on the prescription and use of
abortion-inducing drugs, and the prohibition on abortion if the probable
postfertilization age of the unborn child is 20 or more weeks.
The bill also amends a statute that provides that any person, other than the
mother, who intentionally destroys the life of an unborn child is guilty of a Class H
felony. The statute also provides that any person, other than the mother, who
intentionally destroys the life of an unborn quick child or causes the mother's death
by an act done with intent to destroy the life of an unborn child is guilty of a Class
E felony. None of these penalties apply to a therapeutic abortion that is performed
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ASSEMBLY BILL 357
by a physician; is necessary, or advised by two other physicians as necessary, to save
the life of the mother; and, unless an emergency prevents, is performed in a licensed
maternity hospital. The bill eliminates the therapeutic abortion exception and
instead specifies that the statutory prohibitions do not apply to a physician's
performance of a medical procedure or treatment designed or intended to prevent the
death of a pregnant woman and not designed or intended to kill the unborn child,
including an early induction or cesarean section performed due to a medical
emergency or the removal of a miscarriage or an ectopic, anembryonic, or molar
pregnancy, which results in injury to or death of the woman's unborn child when the
physician makes reasonable medical efforts under the circumstances to preserve
both the life of the woman and the life of her unborn child in a manner consistent with
conventional medical practice.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 253.10 (2) (a) of the statutes is amended to read:
253.10 (2) (a) “Abortion" means the use of an instrument, medicine, drug or
other substance or device with intent to terminate the pregnancy of a woman known
to be pregnant or for whom there is reason to believe that she may be pregnant and
with intent other than to increase the probability of a live birth, to preserve the life
or health of the infant after live birth or to remove a dead fetus. “Abortion” does not
include a physician's performance of a medical procedure or treatment designed or
intended to prevent the death of a pregnant woman and not designed or intended to
kill the unborn child, including an early induction or cesarean section performed due
to a medical emergency or the removal of a miscarriage or an ectopic, anembryonic,
or molar pregnancy, which results in injury to or death of the woman's unborn child
when the physician makes reasonable medical efforts under the circumstances to
preserve both the life of the woman and the life of her unborn child in a manner
consistent with conventional medical practice.
SECTION 2. 940.04 (5) of the statutes is repealed and recreated to read:
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SECTION 2
ASSEMBLY BILL 357
940.04 (5) This section does not apply to a physician's performance of a medical
procedure or treatment designed or intended to prevent the death of a pregnant
woman and not designed or intended to kill the unborn child, including an early
induction or cesarean section performed due to a medical emergency or the removal
of a miscarriage or an ectopic, anembryonic, or molar pregnancy, which results in
injury to or death of the woman's unborn child when the physician makes reasonable
medical efforts under the circumstances to preserve both the life of the woman and
the life of her unborn child in a manner consistent with conventional medical
practice.
(END)
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