Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB1011 Compare Versions

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

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 1011
5	5	February 8, 2024 - Introduced by Senators FELZKOWSKI, KNODL, TESTIN, JAMES and
6	6	STROEBEL, cosponsored by Representatives NEDWESKI, ROZAR, BINSFELD,
7	7	DITTRICH, DUCHOW, HURD, ARMSTRONG, AUGUST, BORN, BROOKS, CALLAHAN,
8	8	DALLMAN, DONOVAN, GREEN, S. JOHNSON, KITCHENS, KURTZ, KRUG, MACCO,
9	9	MICHALSKI, MOSES, MURSAU, NEYLON, NOVAK, OLDENBURG, PLUMER, SCHMIDT,
10	10	SNYDER, SORTWELL, SPIROS, SUMMERFIELD, SWEARINGEN, VOS, WITTKE and
11	11	ZIMMERMAN. Referred to Committee on Licensing, Constitution and
12	12	Federalism.
13	13	AN ACT to amend 69.186 (1) (k), 69.186 (1) (L), 253.107 (title) and 253.107 (3) (a)
14	14	and (b); and to repeal and recreate 253.107 (3) (title) of the statutes; relating
15	15	to: abortion if the probable postfertilization age of an unborn child is 14 or more
16	16	weeks and requiring a referendum.
17	17	Analysis by the Legislative Reference Bureau
18	18	Current law regulates the performance of abortions in a number of ways,
19	19	including prohibiting the performance or inducement of an abortion, or an attempt
20	20	to perform or induce an abortion, if the postfertilization age of the unborn child is 20
21	21	or more weeks, except in the case of a medical emergency. Current law defines the
22	22	postfertilization age of the unborn child to mean the number of weeks that have
23	23	elapsed from the probable time of fertilization of a woman's ovum. This bill retains
24	24	that definition and amends the 20-week prohibition to prohibit any person from
25	25	performing, inducing, or attempting to perform or induce an abortion if the probable
26	26	postfertilization age of the unborn child is 14 or more weeks, except in the case of a
27	27	medical emergency.
28	28	Under the bill, as under current law, a medical emergency means a condition,
29	29	in a physician's reasonable medical judgment, that so complicates the medical
30	30	condition of a pregnant woman as to necessitate the immediate abortion of her
31	31	pregnancy to avert her death or for which a 24-hour delay in performance or
32	32	inducement of an abortion will create serious risk of substantial and irreversible
33	33	impairment of one or more of the woman's major bodily functions.
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39	39	SENATE BILL 1011
40	40	This bill requires a referendum before giving effect to the prohibition created
41	41	in the bill. Under the bill, at the April 2024 election, the electors would vote on the
42	42	question whether the statutory provisions treated in the bill shall take effect “thus
43	43	prohibiting under Wisconsin Statutes an abortion if the probable postfertilization
44	44	age of the unborn child is 14 or more weeks, except in the case of a medical
45	45	emergency?”. If a majority of votes cast in the election approves the question, the
46	46	prohibition takes effect on the day after the election results are certified. If the
47	47	question is not approved by a majority of votes cast, this act does not take effect.
48	48	For further information see the state and local fiscal estimate, which will be
49	49	printed as an appendix to this bill.
50	50	The people of the state of Wisconsin, represented in senate and assembly, do
51	51	enact as follows:
52	52	SECTION 1. 69.186 (1) (k) of the statutes is amended to read:
53	53	69.186 (1) (k) If the probable postfertilization age of the unborn child, as
54	54	defined in s. 253.107 (1) (c), is considered to be capable of experiencing pain under
55	55	s. 253.107 (3) (a) 14 or more weeks, the nature of the medical emergency, as defined
56	56	in s. 253.10 (2) (d), that the pregnant woman had.
57	57	SECTION 2. 69.186 (1) (L) of the statutes is amended to read:
58	58	69.186 (1) (L) If the probable postfertilization age of the unborn child, as
59	59	defined in s. 253.107 (1) (c), is considered to be capable of experiencing pain under
60	60	s. 253.107 (3) (a) 14 or more weeks, a statement whether the method of abortion used
61	61	was one that, in reasonable medical judgment, provided the best opportunity for the
62	62	unborn child to survive or, if such a method was not used, the basis of the
63	63	determination that termination of the pregnancy in that manner posed a greater risk
64	64	either of the death of the pregnant woman or of the substantial and irreversible
65	65	physical impairment of a major bodily function of the woman than other available
66	66	methods.
67	67	SECTION 3. 253.107 (title) of the statutes is amended to read:
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86	86	SECTION 3
87	87	SENATE BILL 1011
88	88	253.107 (title) Probable postfertilization age; later-term abortions at
89	89	14 or more weeks.
90	90	SECTION 4. 253.107 (3) (title) of the statutes is repealed and recreated to read:
91	91	253.107 (3) (title) ABORTIONS AT 14 OR MORE WEEKS.
92	92	SECTION 5. 253.107 (3) (a) and (b) of the statutes are amended to read:
93	93	253.107 (3) (a) No person shall perform or induce or attempt to perform or
94	94	induce an abortion upon a woman when the probable postfertilization age of the
95	95	unborn child is considered capable of experiencing pain 14 or more weeks unless the
96	96	woman is undergoing a medical emergency. For purposes of this subsection, an
97	97	unborn child is considered to be capable of experiencing pain if the probable
98	98	postfertilization age of the unborn child is 20 or more weeks.
99	99	(b) When the probable postfertilization age of the unborn child is considered
100	100	capable of experiencing pain 14 or more weeks and the pregnant woman is
101	101	undergoing a medical emergency, the physician shall terminate the pregnancy in the
102	102	manner that, in reasonable medical judgment, provides the best opportunity for the
103	103	unborn child to survive, unless the termination of the pregnancy in that manner
104	104	poses a greater risk either of the death of the pregnant woman or of the substantial
105	105	and irreversible physical impairment of a major bodily function of the woman than
106	106	other available methods.
107	107	SECTION 6.0Nonstatutory provisions.
108	108	(1) There shall be submitted to the vote of the electors at the April 2024 election
109	109	the following question: “Shall the statutory provisions treated in 2023 Wisconsin Act
110	110	.... (this act) take effect, thus prohibiting under Wisconsin Statutes an abortion if the
111	111	probable postfertilization age of the unborn child is 14 or more weeks, except in the
112	112	case of a medical emergency?”.
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139	139	SECTION 6 SENATE BILL 1011
140	140	(2) The requirement under s. 8.37 that the referendum question shall be filed
141	141	with the official or agency preparing the ballot for the election no later than 70 days
142	142	before the election shall not apply to the referendum question that is to be submitted
143	143	to the voters under sub. (1).
144	144	(3) If the question under sub. (1) is approved by a majority of all votes cast on
145	145	the question at the April 2024 election, the treatment of ss. 69.186 (1) (k) and (L) and
146	146	253.107 (title) and (3) (title), (a), and (b) by this act shall take effect. Otherwise, the
147	147	treatment of those statutory provisions by this act shall not take effect.
148	148	SECTION 7.0Effective dates. This act takes effect on the day after the election
149	149	results regarding the question under SECTION (6) (1) of this act are certified as
150	150	provided under s. 7.70 if the condition set forth in SECTION 6 (3) of this act is satisfied,
151	151	except as follows:
152	152	(1) SECTION 6 of this act takes effect on the day after publication.
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