LRB-1460/1
TJD:wlj
2021 - 2022 LEGISLATURE
February 18, 2021 - Introduced by Representatives Subeck, Emerson, Andraca,
Anderson, Baldeh, Billings, Bowen, Brostoff, Cabrera, Conley, Considine,
Drake, Goyke, Hebl, Hesselbein, Hong, B. Meyers, L. Myers, Neubauer,
Ohnstad, Ortiz-Velez, Pope, S. Rodriguez, Shankland, Shelton, Sinicki,
Snodgrass, Spreitzer, Stubbs and Vining, cosponsored by Senators Roys,
Johnson, L. Taylor, Agard, Bewley, Carpenter, Erpenbach, Larson, Pfaff,
Ringhand, Smith and Wirch. Referred to Committee on Health.
AB106,1,2
1An Act to repeal 940.04; and
to amend 939.75 (2) (b) 1. and 968.26 (1b) (a) 2.
2a. of the statutes;
relating to: eliminating certain abortion prohibitions.
Analysis by the Legislative Reference Bureau
This bill repeals a statute relating to abortion that has been held unenforceable
by a federal court. Under that statute, any person, other than the mother, who
intentionally destroys the life of an unborn child is guilty of a Class H felony.
“Unborn child" is defined as a human being from the time of conception until born
alive. Also, any person, other than the mother, who intentionally destroys the life
of an unborn quick child or causes the mother's death by an act done with intent to
destroy the life of an unborn child is guilty of a Class E felony. None of these penalties
apply to a therapeutic abortion that is performed by a physician; is necessary, or
advised by two other physicians as necessary, to save the life of the mother; and,
unless an emergency prevents, is performed in a licensed maternity hospital.
The statute was cited in Roe v. Wade, 410 U.S. 113 (1973), as similar to a Texas
statute that was held to violate the due process clause of the 14th Amendment of the
U.S. Constitution. The unenforceability of the statute following the Roe v. Wade
decision was noted in a subsequent decision by a federal district court, Larkin v.
McCann, 368 F. Supp. 1352 (E.D. Wis., 1974).
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB106,1
1Section
1. 939.75 (2) (b) 1. of the statutes is amended to read:
AB106,2,42
939.75
(2) (b) 1. An act committed during an induced abortion. This
3subdivision does not limit the applicability of ss.
940.04, 940.13, 940.15 and 940.16
4to an induced abortion.
AB106,2
5Section 2
. 940.04 of the statutes is repealed.
AB106,3
6Section 3
. 968.26 (1b) (a) 2. a. of the statutes is amended to read:
AB106,2,127
968.26
(1b) (a) 2. a. Section
940.04, 940.11, 940.19 (2), (4), (5), or (6), 940.195
8(2), (4), (5), or (6), 940.20, 940.201, 940.203, 940.205, 940.207, 940.208, 940.22 (2),
9940.225 (3), 940.29, 940.302 (2) (c), 940.32, 941.32, 941.38 (2), 942.09 (2), 943.10,
10943.205, 943.32 (1), 946.43, 946.44, 946.47, 946.48, 948.02 (3), 948.03 (2) (b) or (c),
11(3), or (4), 948.04, 948.055, 948.095, 948.10 (1) (a), 948.11, 948.13 (2) (a), 948.14,
12948.20, 948.23 (1), (2), or (3) (c) 2. or 3., or 948.30 (1).
