LRBs0192/1
DAK:cjs:ch
2003 - 2004 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 3,
TO 2003 ASSEMBLY BILL 372
September 25, 2003 - Offered by Representative Wasserman.
AB372-ASA3,1,2
1An Act to create 990.001 (17) and 990.01 (19j) of the statutes;
relating to: live
2birth or the circumstance of being born alive.
Analysis by the Legislative Reference Bureau
Under current law, the terms "live birth" and "born alive" are not defined but
are used in various statutes, including those relating to abortion and disposition of
property to heirs at death.
This substitute amendment defines "live birth" for application to all of the
statutes. Further, the substitute amendment requires that all statutes be construed
so that: 1) an individual who has undergone a live birth is considered to have been
born alive; and 2) one who is born alive or who undergoes a live birth as the result
of an abortion has the same legal status and legal rights as a human being at any
point after the human being is born alive or undergoes a live birth as the result of
natural or induced labor or a cesarean section. Lastly, the substitute amendment
prohibits these rules of construction from being construed to affirm, deny, expand,
or contract a legal status or legal right that is applicable to a human being at any
point before the human being is born alive or undergoes a live birth.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB372-ASA3,2,32
990.001
(17) Live birth or circumstance of being born alive. (a) An individual
3who undergoes a live birth is born alive.
AB372-ASA3,2,94
(b) If a statute or rule refers to a live birth or to the circumstance in which an
5individual is born alive, the statute or rule shall be construed so that whoever is born
6alive or undergoes a live birth as the result of an abortion, as defined in s. 253.10 (2)
7(a), has the same legal status and legal rights as a human being at any point after
8the human being is born alive or undergoes a live birth as the result of natural or
9induced labor or a cesarean section.
AB372-ASA3,2,1210
(c) Paragraphs (a) and (b) may not be construed to affirm, deny, expand, or
11contract a legal status or legal right that is applicable to a human being at any point
12before the human being is born alive or undergoes a live birth.
AB372-ASA3,2,2014
990.01
(19j) Live birth. "Live birth" means the complete expulsion or
15extraction from his or her mother, of a human being, at any stage of development,
16who, after the expulsion or extraction, breathes or has a beating heart, pulsation of
17the umbilical cord, or definite movement of voluntary muscles, regardless of whether
18the umbilical cord has been cut, and regardless of whether the expulsion or
19extraction occurs as a result of natural or induced labor, a cesarean section, or an
20abortion, as defined in s. 253.10 (2) (a).
