SB306, s. 6
253.10 (3) (d) 1. of the statutes is amended to read:
(d) 1. Geographically indexed materials that are designed to inform 21
a woman about public and private agencies, including adoption agencies, and 22
services that are available to provide information on family planning, as defined in 23
s. 253.07 (1) (a), including natural family planning information, to provide 24
ultrasound imaging services, to assist her if she has received a diagnosis that her 25
unborn child has a disability or if her pregnancy is the result of sexual assault or
incest and to assist her through pregnancy, upon childbirth and while the child is 2
dependent. The materials shall include a comprehensive list of the agencies 3
available, a description of the services that they offer and a description of the manner 4
in which they may be contacted, including telephone numbers and addresses, or, at 5
the option of the department, the materials shall include a toll-free, 24-hour 6
telephone number that may be called to obtain an oral listing of available agencies 7
and services in the locality of the caller and a description of the services that the 8
agencies offer and the manner in which they may be contacted. The materials shall 9
provide information on the availability of governmentally funded programs that 10
serve pregnant women and children. Services identified for the woman shall include 11
medical assistance for pregnant women and children under s. 49.47 (4) (am) and 12
49.471, the availability of family or medical leave under s. 103.10, the Wisconsin 13
works program under ss. 49.141 to 49.161, child care services, child support laws and 14
programs and the credit for expenses for household and dependent care and services 15
necessary for gainful employment under section 21
of the internal revenue code 16Internal Revenue Code
. The materials shall state that it is unlawful to perform an 17
abortion for which consent has been coerced, that any physician who performs or 18
induces an abortion without obtaining the woman's voluntary and informed consent 19
is liable to her for damages in a civil action and is subject to a civil penalty, that the 20
father of a child is liable for assistance in the support of the child, even in instances 21
in which the father has offered to pay for an abortion, and that adoptive parents may 22
pay the costs of prenatal care, childbirth and neonatal care. The materials shall 23
include information, for a woman whose pregnancy is the result of sexual assault or 24
incest, on legal protections available to the woman and her child if she wishes to 25
oppose establishment of paternity or to terminate the father's parental rights. The
materials shall state that fetal ultrasound imaging and auscultation of fetal heart 2
tone services are obtainable by pregnant women who wish to use them and shall 3
describe the services. The materials shall include information on services in the
4state that are available for victims or individuals at risk of domestic abuse.
SB306, s. 7
253.10 (5) of the statutes is amended to read:
253.10 (5) Penalty.
Any person who violates sub. (3) or (3m) (a) 2. or (b) 2. shall 7
be required to forfeit not less than $1,000 nor more than $10,000.
No penalty may
8be assessed against the woman upon whom the abortion is performed or induced or
9attempted to be performed or induced.
SB306, s. 8
253.10 (7) of the statutes is amended to read:
253.10 (7) Affirmative defense.
No person is liable under sub. (5) or (6) or 12
under s. 441.07 (1) (f), 448.02 (3) (a),
or 457.26 (2) (gm) for failure under sub. (3) (c) 13
2. d. to provide the printed materials described in sub. (3) (d) to a woman or for failure 14
under sub. (3) (c) 2. d., e., f., fm.,
or g. to describe the contents of the printed materials 15
if the person has made a reasonably diligent effort to obtain the printed materials 16
under sub. (3) (e) and s. 46.245 and the department and the county department under 17
s. 46.215, 46.22,
or 46.23 have not made the printed materials available at the time 18
that the person is required to give them to the woman.
SB306, s. 9
253.10 (7m) of the statutes is created to read:
253.10 (7m) Confidentiality in court proceedings.
(a) In every proceeding 21
brought under this section, the court, upon motion or sua sponte, shall rule whether 22
the identity of any woman upon whom an abortion was performed or induced or 23
attempted to be performed or induced shall be kept confidential unless the woman 24
waives confidentiality. If the court determines that a woman's identity should be 25
kept confidential, the court shall issue orders to the parties, witnesses, and counsel
and shall direct the sealing of the record and exclusion of individuals from 2
courtrooms or hearing rooms to the extent necessary to safeguard the woman's 3
identity from public disclosure. If the court issues an order to keep a woman's 4
identity confidential, the court shall provide written findings explaining why the 5
woman's identity should be kept confidential, why the order is essential to that end, 6
how the order is narrowly tailored to its purpose, and why no reasonable less 7
restrictive alternative exists.
(b) Any person, except for a public official, who brings an action under this 9
section shall do so under a pseudonym unless the person obtains the written consent 10
of the woman upon whom an abortion was performed or induced, or attempted to be 11
performed or induced, in violation of this section.
(c) The section may not be construed to allow the identity of a plaintiff or a 13
witness to be concealed from the defendant.
SB306, s. 10
253.105 of the statutes is created to read:
15253.105 Prescription and use of abortion-inducing drugs. (1)
In this 16
(a) "Abortion" has the meaning given in s. 253.10 (2) (a).
(b) "Abortion-inducing drug" has the meaning given in s. 253.10 (2) (am).
(c) "Physician" has the meaning given in s. 448.01 (5).
No person may give an abortion-inducing drug to a woman unless the 21
physician who prescribed, or otherwise provided, the abortion-inducing drug for the 22
(a) Performs a physical exam of the woman before the information is provided 24
under s. 253.10 (3) (c) 1.
(b) Is physically present in the room when the drug is given to the woman.
Any person who violates sub. (2) is guilty of a Class I felony. No 2
penalty may be assessed against a woman to whom an abortion-inducing drug is 3
4(4) Civil remedies.
(a) Any of the following persons has a claim against a 5
person who intentionally or recklessly violates sub. (2):
1. A woman to whom an abortion-inducing drug was given in violation of sub. 7
2. If the abortion-inducing drug was given to a minor in violation of sub. (2), 9
a parent or guardian of the minor.
3. The father of the unborn child aborted as the result of an abortion-inducing 11
drug given in violation of sub. (2), unless the pregnancy of the person to whom the 12
abortion-inducing drug was given was the result of sexual assault in violation of s. 13
940.225, 944.06, 948.02, 948.025, 948.06, 948.085, or 948.09 and the violation was 14
committed by the father.
(b) A claim for relief under par. (a) may include:
1. Damages arising out of the inducement of the abortion, including damages 17
for personal injury and emotional and psychological distress.
2. Punitive damages for a violation that satisfies the standard under s. 895.043 19
(c) Notwithstanding s. 814.04 (1), a person who recovers damages under this 21
subsection may also recover reasonable attorney fees incurred in connection with the 22
(d) A conviction under sub. (3) is not a condition precedent to bringing an action, 24
obtaining a judgment, or collecting a judgment under this subsection.
(e) A contract is not a defense to an action under this subsection.
(f) Nothing in this section limits the common law rights of a person that are not 2
in conflict with sub. (2).
3(5) Confidentiality in court proceedings.
(a) In every proceeding brought 4
under this section, the court, upon motion or sua sponte, shall rule whether the 5
identity of any woman upon whom an abortion was induced or attempted to be 6
induced shall be kept confidential unless the woman waives confidentiality. If the 7
court determines that a woman's identity should be kept confidential, the court shall 8
issue orders to the parties, witnesses, and counsel and shall direct the sealing of the 9
record and exclusion of individuals from courtrooms or hearing rooms to the extent 10
necessary to safeguard the woman's identity from public disclosure. If the court 11
issues an order to keep a woman's identity confidential, the court shall provide 12
written findings explaining why the woman's identity should be kept confidential, 13
why the order is essential to that end, how the order is narrowly tailored to its 14
purpose, and why no reasonable less restrictive alternative exists.
(b) Any person, except for a public official, who brings an action under this 16
section shall do so under a pseudonym unless the person obtains the written consent 17
of the woman upon whom an abortion was induced, or attempted to be induced, in 18
violation of this section.
(c) The section may not be construed to allow the identity of a plaintiff or a 20
witness to be concealed from the defendant.
Nothing in this section may be construed as creating or 22
recognizing a right to abortion or as making lawful an abortion that is otherwise 23
SB306, s. 11
940.04 (3) and (4) of the statutes are repealed.
SB306, s. 12
This act takes effect on the day after publication, 2
except as follows:
(1) Voluntary and informed consent.
The treatment of sections 253.10 (3) (b), 4
(c) 1. jm. and 2. fm., (d) 1., and (7) of the statutes takes effect on the first day of the 5
3rd month beginning after publication.