This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB259-SA1,1,1010 (a) “Abortion” has the meaning given in s. 253.10 (2) (a).
SB259-SA1,1,1311 (b) “Congenital disability” means any congenital disease, defect, or disorder,
12except a life-limiting fetal anomaly, including, but not limited to, any of the
13following:
SB259-SA1,2,1
11. A physical disability.
SB259-SA1,2,22 2. A mental or intellectual disability.
SB259-SA1,2,33 3. A physical disfigurement.
SB259-SA1,2,44 4. Scoliosis.
SB259-SA1,2,55 5. Dwarfism.
SB259-SA1,2,66 6. Albinism.
SB259-SA1,2,87 7. Meromelia, amelia, or other birth defect marked by the absence or partial
8absence of limbs.
SB259-SA1,2,99 8. A physical or mental disease.
SB259-SA1,2,1110 (c) “Down syndrome” means a chromosomal disorder associated with an extra
11chromosome 21 or an effective trisomy for chromosome 21.
SB259-SA1,2,1512 (d) “Life-limiting fetal anomaly” means a profound and irremediable
13congenital or chromosomal anomaly that is incompatible with sustaining life after
14birth. “Life-limiting fetal anomaly” does not include any condition that can be
15treated.
SB259-SA1,2,20 16(2) Disability-selective abortion prohibited. No person may perform or
17induce or attempt to perform or induce an abortion upon a woman if the person knows
18that the woman is seeking the abortion solely because the unborn child has been
19diagnosed with or has a potential diagnosis of Down syndrome or another congenital
20disability.
SB259-SA1,2,24 21(3) Selective abortion prohibited. No person may perform or induce or
22attempt to perform or induce an abortion upon a woman if the person knows the
23woman is seeking an abortion solely because of any of the following characteristics
24of the unborn child:
SB259-SA1,2,2525 (a) Race.
SB259-SA1,3,1
1(b) Color.
SB259-SA1,3,22 (c) National origin.
SB259-SA1,3,33 (d) Ancestry.
SB259-SA1,3,44 (e) Sex.
SB259-SA1,3,7 5(4) Woman exempt from penalty. No penalty may be assessed against a woman
6upon whom an abortion is performed or induced or attempted to be performed or
7induced in violation of sub. (2) or (3).
SB259-SA1,3,10 8(5) Civil remedies; injunction. (a) Any of the following individuals may bring
9a claim for damages, including damages for personal injury and emotional and
10psychological distress, for a violation of sub. (2) or (3):
SB259-SA1,3,1211 1. A woman on whom an abortion is performed or induced or attempted to be
12performed or induced.
SB259-SA1,3,1413 2. The father of the aborted unborn child or the unborn child that is attempted
14to be aborted, unless the pregnancy is the result of sexual assault or incest.
SB259-SA1,3,1815 3. If the woman on whom an abortion is performed or induced or attempted to
16be performed or induced is a minor at the time of the abortion or attempt or dies as
17a result of the abortion or attempt, a parent or guardian of the woman on whom an
18abortion was performed or induced or attempted to be performed or induced.
SB259-SA1,3,2119 (b) A person who has been awarded damages under par. (a) shall, in addition
20to any damages awarded under par. (a), be entitled to punitive damages for a
21violation that satisfies a standard under s. 895.043 (3).
SB259-SA1,3,2422 (c) Notwithstanding s. 814.04 (1), a person who recovers damages under par.
23(a) or (b) may also recover reasonable attorney fees incurred in connection with the
24action.
SB259-SA1,4,3
1(d) 1. A district attorney or the attorney general may institute an action for
2injunctive relief against any person who performs or attempts to perform an abortion
3in violation of sub. (2) or (3).
SB259-SA1,4,104 2. A violation of the terms of an injunction issued as a result of an action under
5subd. 1. constitutes contempt of the order. The court, after a finding of contempt,
6shall impose a forfeiture in an amount of $10,000 for the first violation, $50,000 for
7a 2nd violation, and $100,000 for each subsequent violation. The court may grant
8any other relief it determines is just and proper in the circumstances. For purposes
9of this subdivision, each abortion performed that violates the terms of the injunction
10is considered a separate violation.
SB259-SA1,4,1111 (e) A contract is not a defense to an action under this subsection.
SB259-SA1,4,1312 (f) Nothing in this subsection limits the common law rights of a person that are
13not in conflict with sub. (2) or (3).
SB259-SA1,5,2 14(6) Confidentiality in court proceedings. (a) In every proceeding brought
15under this section, the court, upon motion or sua sponte, shall rule whether the
16identity of any woman upon whom an abortion was performed or induced or
17attempted to be performed or induced shall be kept confidential unless the woman
18waives confidentiality. If the court determines that a woman's identity should be
19kept confidential, the court shall issue orders to the parties, witnesses, and counsel
20and shall direct the sealing of the record and exclusion of individuals from
21courtrooms or hearing rooms to the extent necessary to safeguard the woman's
22identity from public disclosure. If the court issues an order to keep a woman's
23identity confidential, the court shall provide written findings explaining why the
24woman's identity should be kept confidential, why the order is essential to that end,

1how the order is narrowly tailored to its purpose, and why no reasonable less
2restrictive alternative exists.
SB259-SA1,5,63 (b) Any person, except for a public official, who brings an action under this
4section shall do so under a pseudonym unless the person obtains the written consent
5of the woman upon whom an abortion was performed or induced, or attempted to be
6performed or induced, in violation of sub. (2) or (3).
SB259-SA1,5,87 (c) This subsection may not be construed to allow the identity of a plaintiff or
8a witness to be concealed from the defendant.
SB259-SA1,5,11 9(7) Construction. Nothing in this section may be construed as creating or
10recognizing a right to abortion or as making lawful an abortion that is otherwise
11unlawful.”.
SB259-SA1,5,12 123. Page 5, line 3: after that line insert:
SB259-SA1,5,13 13 Section 14m. 448.02 (3) (a) of the statutes is amended to read:
SB259-SA1,6,814 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct
15and negligence in treatment by persons holding a license or certificate granted by the
16board. An allegation that a physician has violated s. 253.10 (3), 253.103, 448.30 or
17450.13 (2) or has failed to mail or present a medical certification required under s.
1869.18 (2) within 21 days after the pronouncement of death of the person who is the
19subject of the required certificate or that a physician has failed at least 6 times within
20a 6-month period to mail or present a medical certificate required under s. 69.18 (2)
21within 6 days after the pronouncement of death of the person who is the subject of
22the required certificate is an allegation of unprofessional conduct. Information
23contained in reports filed with the board under s. 49.45 (2) (a) 12r., 50.36 (3) (b),
24609.17 or 632.715, or under 42 CFR 1001.2005, shall be investigated by the board.

1Information contained in a report filed with the board under s. 655.045 (1), as created
2by 1985 Wisconsin Act 29, which is not a finding of negligence or in a report filed with
3the board under s. 50.36 (3) (c) may, within the discretion of the board, be used as the
4basis of an investigation of a person named in the report. The board may require a
5person holding a license or certificate to undergo and may consider the results of one
6or more physical, mental or professional competency examinations if the board
7believes that the results of any such examinations may be useful to the board in
8conducting its investigation.”.
SB259-SA1,6,9 94. Page 16, line 6: after that line insert:
SB259-SA1,6,11 10(2m) The treatment of ss. 253.10 (3) (c) 2. es., 253.103, and 448.02 (3) (a) takes
11effect on the day after publication.”.
Loading...
Loading...