2017 - 2018 LEGISLATURE
October 19, 2017 - Introduced by Representatives Kleefisch, Bernier, Jacque,
Allen, Born, Brandtjen, Edming, Gannon, Horlacher, Hutton, Katsma,
Knodl, Kremer, Krug, Kulp, Macco, Murphy, Neylon, Ott, Quinn, Ripp,
Rohrkaste, Sanfelippo, Schraa, Skowronski, Thiesfeldt, Tittl, Tusler and
Wichgers, cosponsored by Senators Moulton, Vukmir,
Craig, Nass, LeMahieu, Kapenga and Marklein. Referred to Committee on
Criminal Justice and Public Safety.
1An Act to create
146.346 of the statutes; relating to: use and final disposition
2of fetal body parts and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits any person from knowingly acquiring, providing, receiving,
or using a fetal body part, regardless of whether the acquisition, provision, receipt,
or use is for valuable consideration. A fetal body part, as defined in the bill, is tissue,
an organ, or another part of an unborn child that is obtained after and as a result of
an induced abortion after January 1, 2017. Pathological study of a fetal body part
to confirm a prenatal diagnosis of the unborn child or for autopsy is exempt from this
The bill also requires a facility that provides an induced abortion to arrange for
the entombment, inurnment, or interment of fetal body parts resulting from an
induced abortion. Anyone that acts exclusively in furtherance of final disposition of
a fetal body part is not guilty of violating the prohibition against acquiring,
providing, receiving, or using a fetal body part.
The bill imposes a forfeiture on entities that are not individuals that violate the
requirements of the bill. The bill specifies that a mother or father of an unborn child
may not be penalized for violating requirements of the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
146.346 of the statutes is created to read:
2146.346 Fetal body parts. (1) Definitions.
In this section:
(a) “Fetal body part” means tissue, an organ, or another part of an unborn child 4
that is obtained after and as a result of an induced abortion after January 1, 2017.
(b) “Final disposition” has the meaning given for “burial” under s. 157.061 (1).
(c) “Induced abortion” has the meaning given for “abortion” in s. 253.10 (2) (a).
(d) “Unborn child” has the meaning given in s. 939.75 (1).
8(2) Prohibition; exception.
(a) No person may knowingly acquire, provide, 9
receive, or use a fetal body part, regardless of whether the acquisition, provision, 10
receipt, or use is for valuable consideration.
(b) This section does not apply to use of a fetal body part for pathological study 12
to confirm a prenatal diagnosis of the unborn child or for autopsy under s. 157.05.
13(3) Final disposition.
(a) Notwithstanding sub. (2) (a), the facility that 14
provides an induced abortion shall arrange for the final disposition of fetal body parts 15
resulting from an induced abortion.
(b) Notwithstanding sub. (2) (a), a person is not guilty of violating this section 17
if acting exclusively in furtherance of final disposition of a fetal body part.
18(4) Penalty; exception.
(a) A person other than an individual that violates this 19
section is liable for a forfeiture of not less than $50,000 but not more than $100,000.
(b) No mother or father of an unborn child may be penalized for a violation of 21
(1) This act first applies to acquisition, provision, receipt, or use of a fetal body 24
part on the effective date of this subsection.