Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB357 Compare Versions

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

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1	1	LRB-3375/1
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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 357
5	5	July 27, 2023 - Introduced by Representatives M AGNAFICI, ROZAR, ALLEN,
6	6	ARMSTRONG, BEHNKE, BINSFELD, BODDEN, BRANDTJEN, DONOVAN, EDMING,
7	7	GOEBEN, GUNDRUM, GUSTAFSON, KRUG, MACCO, MAXEY, MOSES, MURPHY,
8	8	NEDWESKI, O'CONNOR, PENTERMAN, RETTINGER, SCHMIDT, SCHRAA, TUSLER and
9	9	WICHGERS, cosponsored by Senators QUINN, BALLWEG, HUTTON, JACQUE,
10	10	JAGLER, KNODL, MARKLEIN, NASS and TOMCZYK. Referred to Committee on
11	11	Criminal Justice and Public Safety.
12	12	*AUTHORS SUBJECT TO CHANGE*
13	13	AN ACT to amend 253.10 (2) (a); and to repeal and recreate 940.04 (5) of the
14	14	statutes; relating to: the definition of abortion.
15	15	Analysis by the Legislative Reference Bureau
16	16	This bill changes the definition of abortion for purposes of requiring voluntary
17	17	and informed consent for abortions to provide that abortion does not include a
18	18	physician's performance of a medical procedure or treatment designed or intended
19	19	to prevent the death of a pregnant woman and not designed or intended to kill the
20	20	unborn child, including an early induction or cesarean section performed due to a
21	21	medical emergency or the removal of a miscarriage or an ectopic, anembryonic, or
22	22	molar pregnancy, which results in injury to or death of the woman's unborn child
23	23	when the physician makes reasonable medical efforts under the circumstances to
24	24	preserve both the life of the woman and the life of her unborn child in a manner
25	25	consistent with conventional medical practice. This definition applies to certain
26	26	other abortion-related provisions, including prohibitions on funding for
27	27	abortion-related activities, limitations on the prescription and use of
28	28	abortion-inducing drugs, and the prohibition on abortion if the probable
29	29	postfertilization age of the unborn child is 20 or more weeks.
30	30	The bill also amends a statute that provides that any person, other than the
31	31	mother, who intentionally destroys the life of an unborn child is guilty of a Class H
32	32	felony. The statute also provides that any person, other than the mother, who
33	33	intentionally destroys the life of an unborn quick child or causes the mother's death
34	34	by an act done with intent to destroy the life of an unborn child is guilty of a Class
35	35	E felony. None of these penalties apply to a therapeutic abortion that is performed
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37	37	2 - 2 -2023 - 2024 Legislature LRB-3375/1
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39	39	ASSEMBLY BILL 357
40	40	by a physician; is necessary, or advised by two other physicians as necessary, to save
41	41	the life of the mother; and, unless an emergency prevents, is performed in a licensed
42	42	maternity hospital. The bill eliminates the therapeutic abortion exception and
43	43	instead specifies that the statutory prohibitions do not apply to a physician's
44	44	performance of a medical procedure or treatment designed or intended to prevent the
45	45	death of a pregnant woman and not designed or intended to kill the unborn child,
46	46	including an early induction or cesarean section performed due to a medical
47	47	emergency or the removal of a miscarriage or an ectopic, anembryonic, or molar
48	48	pregnancy, which results in injury to or death of the woman's unborn child when the
49	49	physician makes reasonable medical efforts under the circumstances to preserve
50	50	both the life of the woman and the life of her unborn child in a manner consistent with
51	51	conventional medical practice.
52	52	The people of the state of Wisconsin, represented in senate and assembly, do
53	53	enact as follows:
54	54	SECTION 1. 253.10 (2) (a) of the statutes is amended to read:
55	55	253.10 (2) (a) “Abortion" means the use of an instrument, medicine, drug or
56	56	other substance or device with intent to terminate the pregnancy of a woman known
57	57	to be pregnant or for whom there is reason to believe that she may be pregnant and
58	58	with intent other than to increase the probability of a live birth, to preserve the life
59	59	or health of the infant after live birth or to remove a dead fetus. “Abortion” does not
60	60	include a physician's performance of a medical procedure or treatment designed or
61	61	intended to prevent the death of a pregnant woman and not designed or intended to
62	62	kill the unborn child, including an early induction or cesarean section performed due
63	63	to a medical emergency or the removal of a miscarriage or an ectopic, anembryonic,
64	64	or molar pregnancy, which results in injury to or death of the woman's unborn child
65	65	when the physician makes reasonable medical efforts under the circumstances to
66	66	preserve both the life of the woman and the life of her unborn child in a manner
67	67	consistent with conventional medical practice.
68	68	SECTION 2. 940.04 (5) of the statutes is repealed and recreated to read:
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86	86	SECTION 2
87	87	ASSEMBLY BILL 357
88	88	940.04 (5) This section does not apply to a physician's performance of a medical
89	89	procedure or treatment designed or intended to prevent the death of a pregnant
90	90	woman and not designed or intended to kill the unborn child, including an early
91	91	induction or cesarean section performed due to a medical emergency or the removal
92	92	of a miscarriage or an ectopic, anembryonic, or molar pregnancy, which results in
93	93	injury to or death of the woman's unborn child when the physician makes reasonable
94	94	medical efforts under the circumstances to preserve both the life of the woman and
95	95	the life of her unborn child in a manner consistent with conventional medical
96	96	practice.
97	97	(END)
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