Wisconsin Senate Bill SB299

Wisconsin 2023-2024 Regular Session

• Introduced: 5/18/23
• Refer: 5/18/23
• Failed: 4/15/24

Caption

Clarification of medical necessity for abortion and exceptions in cases of rape or incest.

Impact

The introduction of SB299 modifies existing statutes by explicitly defining medical necessity, which could impact how healthcare providers approach abortions under Wisconsin law. The bill establishes that the penalties for intentionally destroying the life of an unborn child do not apply to medical professionals performing necessary abortions under the outlined circumstances. Therefore, the legal protections for both patients and healthcare providers may be significantly bolstered, potentially alleviating fears of prosecution in critical medical scenarios.

Summary

Senate Bill 299 aims to clarify the medical necessity provisions for abortions within Wisconsin's legal framework. The bill clarifies the circumstances in which a therapeutic abortion is permissible, notably when there is a serious risk to the life of the mother or substantial and irreversible physical impairment. It also addresses cases where the fetus has no chance of survival, detailing specific medical conditions such as anembryonic pregnancy, ectopic pregnancy, or molar pregnancy that qualify under this provision. This shift in legislative language seeks to enhance clarity in abortion law and solidify the conditions under which exceptions are made for terminating pregnancies.

Contention

Notably, the bill also includes exemptions for pregnancies resulting from sexual assault or incest during the first trimester, signaling an effort to address sensitive societal issues concerning women's reproductive rights. However, this provision may stimulate debate as different groups have varying views on abortion rights and women's autonomy. Some may argue that these amendments are a step forward in safeguarding women's health rights, while others contend that they could provide insufficient protection for developing fetuses.