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.
Under current law, a woman upon whom an abortion is to be performed or
induced must give voluntary and informed written consent to an abortion. Except in
a medical emergency, a woman's consent to an abortion is considered informed only
if, at least 24 hours before the abortion is performed or induced, the physician or an
assistant has, in person, orally provided the woman with certain information and
given to the woman certain written materials. If the pregnancy is the result of sexual
assault or incest, the 24-hour period, but not the provision of information, may be
waived or reduced under certain circumstances. In addition to the current
requirement to inform the woman, orally and in writing, of certain information
specified under current law, the bill requires the physician or assistant to inform the
woman that Wisconsin does not allow an abortion of an unborn child solely because
of the unborn child's race, color, national origin, ancestry, sex, or diagnosis or
potential diagnosis of Down syndrome or another congenital disability.
Current law prohibits any person from performing or inducing an abortion if
the probable postfertilization age of the unborn child is 20 or more weeks, unless the
woman is undergoing a medical emergency. Current law also prohibits a person from
performing an abortion after the unborn child reaches viability, unless the abortion
is necessary to preserve the life or health of the woman.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB595,1
1Section
1. 253.10 (3) (c) 2. es. of the statutes is created to read:
AB595,2,42
253.10
(3) (c) 2. es. That this state does not allow an abortion of an unborn child
3solely because of the unborn child's race, color, national origin, ancestry, sex, or
4diagnosis or potential diagnosis of Down syndrome or another congenital disability.
AB595,2
5Section
2. 253.103 of the statutes is created to read:
AB595,2,6
6253.103 Selective abortions. (1) Definitions. In this section:
AB595,2,77
(a) “Abortion” has the meaning given in s. 253.10 (2) (a).
AB595,2,108
(b) “Congenital disability” means any congenital disease, defect, or disorder,
9except a life-limiting fetal anomaly, including, but not limited to, any of the
10following:
AB595,2,1111
1. A physical disability.
AB595,3,1
12. A mental or intellectual disability.