LRBa0518/1
JEO:kaf:jf
1997 - 1998 LEGISLATURE
ASSEMBLY AMENDMENT 3,
TO 1997 ASSEMBLY BILL 220
May 20, 1997 - Offered by Representatives Grothman and Albers.
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21. Page 1, line 3: delete that line and substitute: "abortions, imposing civil
3liability for the performance of certain partial-birth abortions and providing a
4penalty.".
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6"
Section 1g. 895.038 of the statutes is created to read:
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7895.038 Partial-birth abortions; liability. (1) In this section:
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(a) "Child" has the meaning given in s. 940.16 (1) (a).
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(b) "Partial-birth abortion" has the meaning given in s. 940.16 (1) (b).
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10(2) (a) Except as provided in par. (b), any of the following persons has a claim
11for appropriate relief against a person who performs a partial-birth abortion:
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1. If the person on whom a partial-birth abortion was performed was a minor,
13the parent of the minor.
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12. The father of the child aborted by the partial-birth abortion.
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(b) A person specified in par. (a) 1. or 2. does not have a claim under par. (a) if
3any of the following apply:
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1. The person consented to performance of the partial-birth abortion.
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2. The pregnancy of the minor was the result of a sexual assault in violation
6of s. 940.225, 944.06, 948.02, 948.025, 948.06 or 948.09 that was committed by the
7person.
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8(3) The relief available under sub. (2) shall include all of the following:
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(a) If the abortion was performed in violation of s. 940.16, damages arising out
10of the performance of the partial-birth abortion, including damages for personal
11injury and emotional and psychological distress.
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(b) Exemplary damages equal to 3 times the cost of the partial-birth abortion.
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13(4) Subsection (2) applies even if the mother of the child aborted by the
14partial-birth abortion consented to the performance of the partial-birth abortion.
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15Section 1r. 939.62 (2m) (a) 2. of the statutes is amended to read:".
