(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.