Under current law, an individual who undergoes a live birth is considered born
alive. “Live birth” is defined as the complete expulsion or extraction from his or her
mother, of a human being, at any stage of development, who, after the expulsion or
extraction, breathes or has a beating heart, pulsation of the umbilical cord, or
definite movement of voluntary muscles, regardless of whether the umbilical cord
has been cut and whether the expulsion or extraction occurs as a result of natural
or induced labor, a cesarean section, or an abortion. Under current law, whoever is
born alive as a result of an abortion is considered to have the same legal status and
legal rights as a human being at any point after the human being undergoes a live
birth as the result of natural or induced labor or a cesarean section.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB175,1 1Section 1. 253.109 of the statutes is created to read:
SB175,2,3 2253.109 Requirements relating to a child born alive after abortion. (1)
3Definitions. In this section:
SB175,2,44 (a) “Abortion” has the meaning given in s. 253.10 (2) (a).
SB175,2,55 (b) “Born alive” means undergoes a live birth, as defined in s. 990.01 (19j).
SB175,2,66 (c) “Health care provider” has the meaning given in s. 146.81 (1).
SB175,2,9 7(2) Requirements of health care providers. Any health care provider present
8at the time an abortion or attempted abortion results in a child born alive shall do
9all of the following:
SB175,2,1310 (a) Exercise the same degree of professional skill, care, and diligence to
11preserve the life and health of the child as a reasonably diligent and conscientious
12health care provider would render to any other child born alive at the same
13gestational age.
1(b) Observing the exercise of skill, care, and diligence required under par. (a),
2ensure that the child born alive is immediately transported and admitted to a
SB175,3,7 4(3) Reporting of violations. A health care provider or an employee of a
5hospital, physician's office, or clinic where abortions are performed or induced who
6has knowledge of a failure to comply with a requirement under sub. (2) shall
7immediately report the failure to an appropriate law enforcement agency.
SB175,3,9 8(4) Criminal penalty; no penalty for mother. (a) Any person who violates sub.
9(2) is guilty of a Class H felony.
SB175,3,1210 (b) The mother of a child born alive under circumstances described in sub. (2)
11may not be prosecuted for a violation of this section, an attempt to violate this section,
12or a conspiracy to violate this section.
SB175,3,18 13(5) Civil remedies; injunctions. (a) A woman upon whom an abortion was
14performed, induced, or attempted may bring a claim for damages, including damages
15for personal injury and emotional and psychological distress, against a person who
16violates or attempts to violate sub. (2). A woman who brings a claim under this
17paragraph may be awarded objectively verifiable monetary damages for all injuries
18and damages equal to 3 times the cost of the abortion or attempted abortion.
SB175,3,2119 (b) A woman who has been awarded damages under par. (a) shall, in addition
20to any damages awarded under par. (a), be entitled to punitive damages for a
21violation that satisfies a standard under s. 895.043 (3).
SB175,3,2422 (c) 1. Notwithstanding s. 814.04 (1), a woman who recovers damages under par.
23(a) or (b) may also recover reasonable attorney fees incurred in connection with the
12. If a defendant prevails in an action under par. (a) and the court finds the
2action was frivolous or brought in bad faith, notwithstanding s. 814.04 (1), the
3defendant may recover reasonable attorney fees incurred in connection with
4defending the action.
SB175,4,55 (d) A contract is not a defense to an action under this subsection.
SB175,4,76 (e) Nothing in this subsection limits the common law rights of a person that are
7not in conflict with sub. (2).
SB175,4,108 (f) A prosecuting attorney with appropriate jurisdiction or the department of
9justice may bring an action for injunctive relief against a person who has
10intentionally or recklessly violated this section.
SB175,4,15 11(6) Enforcement authority. The department of justice or the district attorney
12may investigate any allegation of or institute, manage, control, and direct, in the
13proper county, any prosecution for a violation of this section. For this purpose, the
14department of justice shall have and exercise all powers conferred upon district
15attorneys in such cases.
SB175,5,3 16(7) Confidentiality in court proceedings. (a) In every proceeding brought
17under this section, the court, upon motion or sua sponte, shall rule whether the
18identity of any woman upon whom an abortion was performed or induced or
19attempted to be performed or induced shall be kept confidential unless the woman
20waives confidentiality. If the court determines that a woman's identity should be
21kept confidential, the court shall issue orders to the parties, witnesses, and counsel
22and shall direct the sealing of the record and exclusion of individuals from
23courtrooms or hearing rooms to the extent necessary to safeguard the woman's
24identity from public disclosure. If the court issues an order to keep a woman's
25identity confidential, the court shall provide written findings explaining why the

1woman's identity should be kept confidential, why the order is essential to that end,
2how the order is narrowly tailored to its purpose, and why no reasonable less
3restrictive alternative exists.
SB175,5,74 (b) Any person, except for a public official, who brings an action under this
5section shall do so under a pseudonym unless the person obtains the written consent
6of the woman upon whom an abortion was performed or induced, or attempted to be
7performed or induced, in violation of this section.
SB175,5,98 (c) This section may not be construed to allow the identity of a plaintiff or a
9witness to be concealed from the defendant.
SB175,5,12 10(8) Construction. Nothing in this section may be construed as creating or
11recognizing a right to abortion or as making lawful an abortion that is otherwise
SB175,2 13Section 2. 940.01 (1) (c) of the statutes is created to read:
SB175,5,1914 940.01 (1) (c) Except as provided in sub. (2), whoever causes the death of a child
15born alive under circumstances described in s. 253.109 (2) with intent to kill that
16child is guilty of a Class A felony. The mother of a child born alive under
17circumstances described in s. 253.109 (2) may not be prosecuted for a violation of this
18paragraph, an attempt to violate this paragraph, or a conspiracy to violate this
SB175,5,2020 (End)