Amendment AA2-AB175

LRBa1305/1

GMM:kjf:jf

2005 - 2006 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO 2005 ASSEMBLY BILL 175

November 1, 2005 - Offered by Representative Sinicki.

AB175-AA2,1,1 At the locations indicated, amend the bill as follows:

AB175-AA2,1,4 1. Page 2, line 2: after "abortion" insert ", requiring an unemancipated minor to obtain parental or other consent or a judicial waiver of that consent requirement before she may give birth, and providing a penalty".

AB175-AA2,1,5 2. Page 4, line 1: delete lines 1 to 8 and substitute:

AB175-AA2,1,6 " Section 1d. 46.24 of the statutes is amended to read:

AB175-AA2,2,2 46.24 Assistance to minors concerning parental consent for abortion or for giving birth. If a minor who is contemplating an abortion or who is contemplating giving birth requests assistance from a county department under s. 46.215, 46.22, or 46.23 in seeking the consent of the minor's parent, guardian, or legal custodian, or in seeking the consent of an adult family member, as defined in s. 48.375 (2) (b), for the contemplated abortion or giving of birth or in seeking a waiver from the circuit court, the county department shall provide assistance, including, if so requested, accompanying the minor as appropriate.

AB175-AA2, s. 1r Section 1r. 48.16 (title) of the statutes is amended to read:

AB175-AA2,2,5 48.16 (title) Jurisdiction over petitions for waiver of parental consent to a minor's abortion or giving birth.".

AB175-AA2,2,6 3. Page 4, line 11: after that line insert:

AB175-AA2,2,7 " Section 2d. 48.235 (1) (d) of the statutes is amended to read:

AB175-AA2,2,15 48.235 (1) (d) The circuit court may appoint a guardian ad litem for a minor in a proceeding under s. 48.375 (7) to aid the circuit court in determining under s. 48.375 (7) (c) whether or not the minor is mature and well-informed enough to make the abortion decision on her own and whether or not the performance or inducement of the abortion is in the minor's best interests or to aid the circuit court in determining under s. 48.375 (7) (a) whether or not the minor is mature and well-informed enough to make the decision whether to give birth on her own and whether or not giving birth is in the minor's best interests.

AB175-AA2, s. 2g Section 2g. 48.257 (title) of the statutes is amended to read:

AB175-AA2,2,18 48.257 (title) Petition to initiate a procedure to waive parental consent prior to a minor's abortion or giving birth.

AB175-AA2, s. 2j Section 2j. 48.257 (1) (b) of the statutes is amended to read:

AB175-AA2,2,23 48.257 (1) (b) A statement that the minor is pregnant and the estimated gestational age of the fetus at the time that the petition is filed, and either a statement that the minor is seeking an abortion or a statement that the minor is seeking to give birth.

AB175-AA2, s. 2m Section 2m. 48.257 (1) (c) of the statutes is amended to read:

AB175-AA2,3,4 48.257 (1) (c) The name and address of the person who intends to perform or induce the abortion or who intends to attend the birth, if known. If that person is not known, the name and address of the clinic or other medical facility that intends to perform or induce the abortion or to attend the birth, if known.

AB175-AA2, s. 2p Section 2p. 48.257 (1) (e) of the statutes is amended to read:

AB175-AA2,3,12 48.257 (1) (e) A Either a statement alleging that the minor is mature and well-informed enough to make her own decision on whether or not to have an abortion and facts sufficient to establish that the minor is mature enough and well-informed enough to make her own decision or a statement alleging that the minor is mature and well-informed enough to make her own decision on whether or not to give birth and facts sufficient to establish that the minor is mature enough and well-informed enough to make her own decision.

AB175-AA2, s. 2r Section 2r. 48.257 (1) (f) of the statutes is amended to read:

AB175-AA2,3,21 48.257 (1) (f) A Either a statement alleging that, if the circuit court does not find that the minor is mature enough and well-informed enough to make her own decision, the circuit court should find that having an abortion is in the minor's best interest and facts sufficient to establish that an abortion is in the minor's best interest or a statement alleging if the circuit court does not find that the minor is mature enough and well-informed enough to make her own decision, the circuit court should find that giving birth is in the minor's best interest and facts sufficient to establish that giving birth is in the minor's best interest.".

AB175-AA2,3,22 4. Page 5, line 23: after that line insert:

AB175-AA2,3,23 " Section 6g. 48.373 (2) of the statutes is amended to read:

AB175-AA2,4,3 48.373 (2) Section 48.375 (7) applies if the medical service authorized under sub. (1) is an abortion or if the medical service authorized under sub. (1) is attending to a live birth.

AB175-AA2, s. 6j Section 6j. 48.373 (3) of the statutes is amended to read:

AB175-AA2,4,7 48.373 (3) In a proceeding under s. 48.375 (7), a circuit court exercising jurisdiction under s. 48.16 may not authorize any medical services other than the performance or inducement of an abortion or the attendance to a live birth.

AB175-AA2, s. 6m Section 6m. 48.375 (title) of the statutes is amended to read:

AB175-AA2,4,10 48.375 (title) Parental consent required prior to abortion or giving birth; judicial waiver procedure.

AB175-AA2, s. 6p Section 6p. 48.375 (1) (a) 5. of the statutes is amended to read:

AB175-AA2,4,14 48.375 (1) (a) 5. Parents who are aware that their minor is pregnant or, has had an abortion, or has given birth may better ensure that she receives adequate medical attention during her pregnancy or, after her abortion, or after her giving birth.

AB175-AA2, s. 6r Section 6r. 48.375 (1) (a) 6. of the statutes is amended to read:

AB175-AA2,4,18 48.375 (1) (a) 6. Parental knowledge of a minor's pregnancy and parental consent to an abortion or to giving birth are usually desirable and in the best interest of the minor.".

AB175-AA2,4,19 5. Page 6, line 14: after that line insert:

AB175-AA2,4,20 " Section 10g. 48.375 (2) (h) of the statutes is amended to read:

AB175-AA2,4,22 48.375 (2) (h) "Referring physician" means a physician who refers a minor to another physician for the purpose of obtaining an abortion or of giving birth.

AB175-AA2, s. 10r Section 10r. 48.375 (4) (a) (intro.) of the statutes is amended to read:

AB175-AA2,5,4 48.375 (4) (a) (intro.) Except as provided in this section, no person may perform or induce an abortion on or for a minor who is not an emancipated minor or attend the giving of birth by a minor who is not an emancipated minor unless the person is a physician and one of the following applies:".

AB175-AA2,5,5 6. Page 8, line 12: after that line insert:

AB175-AA2,5,6 " Section 14m. 48.375 (4) (b) (intro.) of the statutes is amended to read:

AB175-AA2,5,9 48.375 (4) (b) (intro.) Paragraph (a) does not apply if the person who intends to perform or induce the abortion or who intends to attend the birth is a physician and any of the following occurs:".

AB175-AA2,5,10 7. Page 9, line 7: delete lines 7 to 11 and substitute:

AB175-AA2,5,11 " Section 17m. 48.375 (5) of the statutes is amended to read:

AB175-AA2,5,15 48.375 (5) Counseling. Any minor who is pregnant and who is seeking an abortion or to give birth and any minor who has had an abortion or who has given birth may receive counseling from a counselor of her choice. A county department may refer the minor to a private counselor.

AB175-AA2, s. 18d Section 18d. 48.375 (6) of the statutes is amended to read:

AB175-AA2,5,21 48.375 (6) Right to petition court for waiver. Any pregnant minor who is seeking an abortion in this state, and any member of the clergy on the minor's behalf, or who is seeking to give birth in this state may file a petition specified under s. 48.257 with any court for a waiver of the parental consent requirement under sub. (4) (a) 1.".

AB175-AA2,5,22 8. Page 10, line 2: after that line insert:

AB175-AA2,5,23 " Section 21m. 48.375 (7) (b) 2. of the statutes is amended to read: