Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB343 Compare Versions

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

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1	1	LRB-2792/1
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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 343
5	5	June 21, 2023 - Introduced by Senators QUINN, BALLWEG, HUTTON, JACQUE, JAGLER,
6	6	KNODL, MARKLEIN, NASS and TOMCZYK, cosponsored by Representatives
7	7	MAGNAFICI, ROZAR, ALLEN, ARMSTRONG, BEHNKE, BINSFELD, BODDEN,
8	8	BRANDTJEN, DONOVAN, EDMING, GOEBEN, GUNDRUM, GUSTAFSON, KRUG, MACCO,
9	9	MAXEY, MOSES, MURPHY, NEDWESKI, O'CONNOR, PENTERMAN, RETTINGER,
10	10	SCHMIDT, SCHRAA, TUSLER and WICHGERS. Referred to Committee on Licensing,
11	11	Constitution and Federalism.
12	12	AN ACT to amend 253.10 (2) (a); and to repeal and recreate 940.04 (5) of the
13	13	statutes; relating to: the definition of abortion.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill changes the definition of abortion for purposes of requiring voluntary
16	16	and informed consent for abortions to provide that abortion does not include a
17	17	physician's performance of a medical procedure or treatment designed or intended
18	18	to prevent the death of a pregnant woman and not designed or intended to kill the
19	19	unborn child, including an early induction or cesarean section performed due to a
20	20	medical emergency or the removal of a miscarriage or an ectopic, anembryonic, or
21	21	molar pregnancy, which results in injury to or death of the woman's unborn child
22	22	when the physician makes reasonable medical efforts under the circumstances to
23	23	preserve both the life of the woman and the life of her unborn child in a manner
24	24	consistent with conventional medical practice. This definition applies to certain
25	25	other abortion-related provisions, including prohibitions on funding for
26	26	abortion-related activities, limitations on the prescription and use of
27	27	abortion-inducing drugs, and the prohibition on abortion if the probable
28	28	postfertilization age of the unborn child is 20 or more weeks.
29	29	The bill also amends a statute that provides that any person, other than the
30	30	mother, who intentionally destroys the life of an unborn child is guilty of a Class H
31	31	felony. The statute also provides that any person, other than the mother, who
32	32	intentionally destroys the life of an unborn quick child or causes the mother's death
33	33	by an act done with intent to destroy the life of an unborn child is guilty of a Class
34	34	E felony. None of these penalties apply to a therapeutic abortion that is performed
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36	36	2 - 2 -2023 - 2024 Legislature LRB-2792/1
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38	38	SENATE BILL 343
39	39	by a physician; is necessary, or advised by two other physicians as necessary, to save
40	40	the life of the mother; and, unless an emergency prevents, is performed in a licensed
41	41	maternity hospital. The bill eliminates the therapeutic abortion exception and
42	42	instead specifies that the statutory prohibitions do not apply to a physician's
43	43	performance of a medical procedure or treatment designed or intended to prevent the
44	44	death of a pregnant woman and not designed or intended to kill the unborn child,
45	45	including an early induction or cesarean section performed due to a medical
46	46	emergency or the removal of a miscarriage or an ectopic, anembryonic, or molar
47	47	pregnancy, which results in injury to or death of the woman's unborn child when the
48	48	physician makes reasonable medical efforts under the circumstances to preserve
49	49	both the life of the woman and the life of her unborn child in a manner consistent with
50	50	conventional medical practice.
51	51	The people of the state of Wisconsin, represented in senate and assembly, do
52	52	enact as follows:
53	53	SECTION 1. 253.10 (2) (a) of the statutes is amended to read:
54	54	253.10 (2) (a) “Abortion" means the use of an instrument, medicine, drug or
55	55	other substance or device with intent to terminate the pregnancy of a woman known
56	56	to be pregnant or for whom there is reason to believe that she may be pregnant and
57	57	with intent other than to increase the probability of a live birth, to preserve the life
58	58	or health of the infant after live birth or to remove a dead fetus. “Abortion” does not
59	59	include a physician's performance of a medical procedure or treatment designed or
60	60	intended to prevent the death of a pregnant woman and not designed or intended to
61	61	kill the unborn child, including an early induction or cesarean section performed due
62	62	to a medical emergency or the removal of a miscarriage or an ectopic, anembryonic,
63	63	or molar pregnancy, which results in injury to or death of the woman's unborn child
64	64	when the physician makes reasonable medical efforts under the circumstances to
65	65	preserve both the life of the woman and the life of her unborn child in a manner
66	66	consistent with conventional medical practice.
67	67	SECTION 2. 940.04 (5) of the statutes is repealed and recreated to read:
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83	83	LRB-2792/1
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85	85	SECTION 2
86	86	SENATE BILL 343
87	87	940.04 (5) This section does not apply to a physician's performance of a medical
88	88	procedure or treatment designed or intended to prevent the death of a pregnant
89	89	woman and not designed or intended to kill the unborn child, including an early
90	90	induction or cesarean section performed due to a medical emergency or the removal
91	91	of a miscarriage or an ectopic, anembryonic, or molar pregnancy, which results in
92	92	injury to or death of the woman's unborn child when the physician makes reasonable
93	93	medical efforts under the circumstances to preserve both the life of the woman and
94	94	the life of her unborn child in a manner consistent with conventional medical
95	95	practice.
96	96	(END)
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