LRB-4527/1
TJD:cjs
2021 - 2022 LEGISLATURE
October 4, 2021 - Introduced by Representatives Dittrich, Gundrum, Spiros,
Schraa, Penterman, Kuglitsch, Loudenbeck, Allen, Katsma, Summerfield,
Callahan, J. Rodriguez, Horlacher, Tittl, Knodl, Thiesfeldt, Tusler,
Magnafici and Edming, cosponsored by Senators Testin,
Bradley, Jagler,
Kapenga, Stroebel, Felzkowski, Darling, Nass, LeMahieu, Marklein,
Bernier and Roth. Referred to Committee on Health.
AB595,1,3
1An Act to amend 448.02 (3) (a); and
to create 253.10 (3) (c) 2. es. and 253.103
2of the statutes;
relating to: sex-selective, disability-selective, and other
3selective abortions and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits a person from performing or inducing or attempting to
perform or induce an abortion on a woman if the person knows the woman is seeking
an abortion solely because of the race, color, national origin, ancestry, or sex of the
unborn child or solely because the unborn child has been diagnosed with or has a
potential diagnosis of Down syndrome or another congenital disability. A congenital
disability is defined in the bill as any congenital disease, defect, or disorder, except
a life-limiting fetal anomaly, which is a profound and irremediable congenital or
chromosomal anomaly that is incompatible with sustaining life after birth and does
not include any condition that can be treated. The bill allows a claim for damages
for a violation of this bill to be brought by a woman on whom an abortion is performed,
induced, or attempted; the father of the aborted unborn child or unborn child that
is attempted to be aborted, unless the pregnancy is the result of a sexual assault or
incest; and, if the woman is a minor at the time or dies as a result of the abortion or
attempted abortion, a parent or guardian of the woman on whom an abortion was
performed, induced, or attempted. A district attorney or the attorney general may
bring an action to enjoin a person who performs, induces, or attempts an abortion in
violation of the prohibitions in the bill, and the bill specifies penalties for each
violation of an injunction. An allegation that a physician violates the prohibitions
in the bill is an allegation of unprofessional conduct that must be investigated by the
Medical Examining Board.