LRB-1147/2
CMH&CTS:bjk:jf
2009 - 2010 LEGISLATURE
November 3, 2009 - Introduced by Senators Taylor, Lazich and Olsen, cosponsored
by Representatives Kestell, Townsend and Nygren. Referred to Committee
on Judiciary, Corrections, Insurance, Campaign Finance Reform, and
Housing.
SB384,1,5
1An Act to repeal 948.03 (6);
to amend 448.03 (6); and
to create 939.45 (5m) of
2the statutes;
relating to: defense to criminal prosecutions for parent or
3guardian for using spiritual treatment in lieu of medical treatment on a child
4and the election of Christian Science treatment for a child in lieu of medical or
5surgical treatment for the cure of disease.
Analysis by the Legislative Reference Bureau
Under current law, a person is not guilty of the crime of physical abuse of a child
soley because the person provides a child with treatment by spiritual means instead
of medical or surgical treatment. This bill creates a general affirmative defense for
a parent or guardian of an individual under the age of 18 who reasonably uses, on
the individual, spiritual treatment instead of medical treatment.
Also under current law, a person who elects Christian Science treatment in lieu
of medical or surgical treatment for the cure of disease may not be compelled to
submit to medical or surgical treatment. The bill specifies that this prohibition does
not apply where medical or surgical treatment of a child is required under current
provisions that permit a child to be taken into custody if the child is suffering from
illness or injury or is in immediate danger from his or her surroundings, or to be
taken to a hospital or a physician if the child is believed to be suffering from a serious
physical condition which requires either prompt diagnosis or prompt treatment, or
if medical or surgical treatment is otherwise required by law.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB384, s. 1
1Section
1. 448.03 (6) of the statutes is amended to read:
SB384,2,72
448.03
(6) Practice of Christian Science. No law of this state regulating the
3practice of medicine and surgery may be construed to interfere with the practice of
4Christian Science. A person who elects Christian Science treatment in lieu of
5medical or surgical treatment for the cure of disease may not be compelled to submit
6to medical or surgical treatment
, unless medical or surgical treatment of a child is
7required under s. 48.19 (1) (d) 5. or 48.20 (4), or is otherwise required by law.
SB384, s. 2
8Section
2. 939.45 (5m) of the statutes is created to read:
SB384,2,129
939.45
(5m) (a) When the actor is a parent or guardian of an individual who
10has not attained the age of 18 years and the actor's conduct is in good faith and is a
11reasonable use of spiritual, prayer, or religious treatment in lieu of medical
12treatment for a condition for the individual.
SB384,2,1513
(b) The following factors are relevant in determining whether the use of
14spiritual, prayer, or religious treatment in lieu of medical treatment was reasonable
15for purposes of par. (a):
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1. The age and mental capacity of the individual under the age of 18.
SB384,2,1817
2. The health condition for which the individual under the age of 18 was being
18treated by spiritual, prayer, or religious treatment.
SB384,2,2119
3. Whether the individual under the age of 18 exhibited symptoms that would
20be, or should have been, recognized by the actor as symptoms of a life-threatening
21condition or of a condition that would result in great bodily harm.
SB384,3,2
14. The length of time that the individual under the age of 18 had the condition
2or the symptoms.
SB384,3,33
5. The likelihood that medical treatment would have eliminated the condition.
SB384,3,54
6. Any risk of harm or negative side effects of medical treatment for the
5condition.
SB384,3,66
7. Any risk of harm from failure to provide medical treatment for the condition.
SB384,3,87
8. The experience of the family of the individual under the age of 18 in relying
8upon medical treatment.
SB384,3,109
9. The experience of the family of the individual under the age of 18 in relying
10upon spiritual, prayer, or religious treatment.
SB384, s. 3
11Section
3. 948.03 (6) of the statutes is repealed.
