December 8, 2023 - Introduced by Representatives Hong, C. Anderson, J. Anderson, Clancy, Conley, Considine, Emerson, Jacobson, Joers, Madison, Moore Omokunde, Neubauer, Ohnstad, Palmeri, Ratcliff, Shelton, Sinicki, Snodgrass, Stubbs, Subeck and Haywood, cosponsored by Senators Roys, Agard, Carpenter, Hesselbein, L. Johnson, Larson, Smith, Spreitzer, Taylor and Wirch. Referred to Committee on Health, Aging and Long-Term Care.
AB777,,22An Act to repeal 46.245, 48.067 (7m), 48.16, 48.23 (1m) (cm), 48.235 (1) (d), 48.255 (5), 48.257, 48.27 (9), 48.273 (4), 48.275 (3), 48.29 (3), 48.299 (1) (ar), 48.315 (1m), 48.37 (2), 48.373 (2) and (3), 48.375, 69.186 (1) (hf), 69.186 (1) (j), 69.186 (1) (k), 69.186 (1) (L), 146.89 (3r) (c) 3., 253.095, 253.10, 253.105, 253.107, 441.07 (1g) (f), 457.26 (2) (gm), 632.8985, 809.105, 809.14 (4), 809.62 (2m), 809.82 (2) (c), 895.037, 938.373 (2) and 940.15; to renumber 48.37 (1); and to amend 48.23 (4) (a), 48.299 (1) (a), 48.299 (1) (ag), 48.299 (1) (b), 48.396 (2) (a), 48.465 (3), 66.1002 (1) (e) 1., 324.02 (8), 448.02 (3) (a), 809.10 (1) (d), 809.24 (4), 809.30 (1) (a), 809.30 (1) (b) 2., 809.30 (2) (a), subchapter IV (title) of chapter 809 [precedes 809.40], 809.40 (title), 809.40 (1m), 809.801 (5) (c) and 939.75 (2) (b) 1. of the statutes; relating to: the elimination of certain abortion-related regulations. AB777,,33Analysis by the Legislative Reference Bureau This bill repeals various abortion-related laws, including all of the following:
1. The bill eliminates certain specific procedural requirements that must be met under current law before the performance of an abortion. Current law requires that a person upon whom an abortion is to be performed or induced must give voluntary and informed written consent to an abortion. For the purposes of an individual’s consent to an abortion, except in a medical emergency, consent is considered informed only if, before the abortion is performed or induced at a time specified in current law, the physician or an assistant has, in person, orally provided the person upon whom an abortion is to be performed with certain information and given that person certain written materials.
2. The bill eliminates the prohibition on giving a woman an abortion-inducing drug unless the physician who provides the drug for the woman performs a physical exam on the woman and is physically present in the room when the drug is given to the woman.
3. The bill eliminates the prohibition on coverage of abortions by qualified health plans offered through a health benefit exchange in this state.
4. The bill eliminates the current law requirement for minors to obtain parental consent or a waiver of parental consent in order to proceed with an abortion.
5. The bill repeals the statute that prohibits the performance of abortions by a physician who does not have admitting privileges in a hospital within 30 miles of the location where the abortion is to be performed. This statute was previously held to be unenforceable by the U.S. Court of Appeals for the 7th Circuit in Planned Parenthood of Wis., Inc. v. Schimel, 806 F.3d 908 (7th Cir. 2015), which affirmed a permanent injunction granted by the U.S. District Court for the Western District of Wisconsin.
6. The bill repeals the criminal penalty on a person who is not a physician and who intentionally performs an abortion. The bill also repeals the prohibition on performing an abortion after the fetus or unborn child has reached viability, as well as the prohibition on abortion if the probable postfertilization age of the fetus or unborn child is 20 or more weeks.
AB777,,44The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: AB777,15Section 1. 46.245 of the statutes is repealed.