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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 975
January 19, 2024 - Introduced by Representatives NEDWESKI, ROZAR, BINSFELD,
DITTRICH, DUCHOW, HURD, ARMSTRONG, AUGUST, BORN, BROOKS, CALLAHAN,
DALLMAN, DONOVAN, GREEN, S. JOHNSON, KITCHENS, KURTZ, KRUG, MACCO,
MELOTIK, MICHALSKI, MOSES, MURSAU, NEYLON, NOVAK, OLDENBURG, PLUMER,
SCHMIDT, SNYDER, SORTWELL, SPIROS, SUMMERFIELD, SWEARINGEN, VOS, WITTKE
and ZIMMERMAN, cosponsored by Senators FELZKOWSKI, KNODL, TESTIN and
JAMES. Referred to Committee on Health, Aging and Long-Term Care.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 69.186 (1) (k), 69.186 (1) (L), 253.107 (title) and 253.107 (3) (a)
and (b); and to repeal and recreate 253.107 (3) (title) of the statutes; relating
to: abortion if the probable postfertilization age of an unborn child is 14 or more
weeks and requiring a referendum.
Analysis by the Legislative Reference Bureau
Current law regulates the performance of abortions in a number of ways,
including prohibiting the performance or inducement of an abortion, or an attempt
to perform or induce an abortion, if the postfertilization age of the unborn child is 20
or more weeks, except in the case of a medical emergency. Current law defines the
postfertilization age of the unborn child to mean the number of weeks that have
elapsed from the probable time of fertilization of a woman's ovum. This bill retains
that definition and amends the 20-week prohibition to prohibit any person from
performing, inducing, or attempting to perform or induce an abortion if the probable
postfertilization age of the unborn child is 14 or more weeks, except in the case of a
medical emergency.
Under the bill, as under current law, a medical emergency means a condition,
in a physician's reasonable medical judgment, that so complicates the medical
condition of a pregnant woman as to necessitate the immediate abortion of her
pregnancy to avert her death or for which a 24-hour delay in performance or
inducement of an abortion will create serious risk of substantial and irreversible
impairment of one or more of the woman's major bodily functions.
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ASSEMBLY BILL 975
This bill requires a referendum before giving effect to the prohibition created
in the bill. Under the bill, at the April 2024 election, the electors would vote on the
question whether the statutory provisions treated in the bill shall take effect “thus
prohibiting under Wisconsin Statutes an abortion if the probable postfertilization
age of the unborn child is 14 or more weeks, except in the case of a medical
emergency?”. If a majority of votes cast in the election approves the question, the
prohibition takes effect on the day after the election results are certified. If the
question is not approved by a majority of votes cast, this act does not take effect.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 69.186 (1) (k) of the statutes is amended to read:
69.186 (1) (k) If the probable postfertilization age of the unborn child, as
defined in s. 253.107 (1) (c), is considered to be capable of experiencing pain under
s. 253.107 (3) (a) 14 or more weeks, the nature of the medical emergency, as defined
in s. 253.10 (2) (d), that the pregnant woman had.
SECTION 2. 69.186 (1) (L) of the statutes is amended to read:
69.186 (1) (L) If the probable postfertilization age of the unborn child, as
defined in s. 253.107 (1) (c), is considered to be capable of experiencing pain under
s. 253.107 (3) (a) 14 or more weeks, a statement whether the method of abortion used
was one that, in reasonable medical judgment, provided the best opportunity for the
unborn child to survive or, if such a method was not used, the basis of the
determination that termination of the pregnancy in that manner posed a greater risk
either of the death of the pregnant woman or of the substantial and irreversible
physical impairment of a major bodily function of the woman than other available
methods.
SECTION 3. 253.107 (title) of the statutes is amended to read:
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SECTION 3
ASSEMBLY BILL 975
253.107 (title) Probable postfertilization age; later-term abortions at
14 or more weeks.
SECTION 4. 253.107 (3) (title) of the statutes is repealed and recreated to read:
253.107 (3) (title) ABORTIONS AT 14 OR MORE WEEKS.
SECTION 5. 253.107 (3) (a) and (b) of the statutes are amended to read:
253.107 (3) (a) No person shall perform or induce or attempt to perform or
induce an abortion upon a woman when the probable postfertilization age of the
unborn child is considered capable of experiencing pain 14 or more weeks unless the
woman is undergoing a medical emergency. For purposes of this subsection, an
unborn child is considered to be capable of experiencing pain if the probable
postfertilization age of the unborn child is 20 or more weeks.
(b) When the probable postfertilization age of the unborn child is considered
capable of experiencing pain 14 or more weeks and the pregnant woman is
undergoing a medical emergency, the physician shall terminate the pregnancy in the
manner that, in reasonable medical judgment, provides the best opportunity for the
unborn child to survive, unless the termination of the pregnancy in that manner
poses a greater risk either of the death of the pregnant woman or of the substantial
and irreversible physical impairment of a major bodily function of the woman than
other available methods.
SECTION 6.0Nonstatutory provisions.
(1) There shall be submitted to the vote of the electors at the April 2024 election
the following question: “Shall the statutory provisions treated in 2023 Wisconsin Act
.... (this act) take effect, thus prohibiting under Wisconsin Statutes an abortion if the
probable postfertilization age of the unborn child is 14 or more weeks, except in the
case of a medical emergency?”.
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SECTION 6 ASSEMBLY BILL 975
(2) The requirement under s. 8.37 that the referendum question shall be filed
with the official or agency preparing the ballot for the election no later than 70 days
before the election shall not apply to the referendum question that is to be submitted
to the voters under sub. (1).
(3) If the question under sub. (1) is approved by a majority of all votes cast on
the question at the April 2024 election, the treatment of ss. 69.186 (1) (k) and (L) and
253.107 (title) and (3) (title), (a), and (b) by this act shall take effect. Otherwise, the
treatment of those statutory provisions by this act shall not take effect.
SECTION 7.0Effective dates. This act takes effect on the day after the election
results regarding the question under SECTION (6) (1) of this act are certified as
provided under s. 7.70 if the condition set forth in SECTION 6 (3) of this act is satisfied,
except as follows:
(1) SECTION 6 of this act takes effect on the day after publication.
(END)
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