LRB-3119/1
TJD:amn/wlj/emw
2015 - 2016 LEGISLATURE
September 18, 2015 - Introduced by Senators Stroebel,
Lazich, Vukmir, Gudex,
Kapenga, LeMahieu, Moulton, Nass, Roth, Tiffany and Wanggaard,
cosponsored by Representatives
Jacque, Kleefisch, Brandtjen, Allen,
August, Bernier, Born, R. Brooks, Craig, Czaja, Edming, Gannon, Heaton,
Horlacher, Hutton, Jarchow, Katsma, Kerkman, Knudson, Kooyenga,
Kremer, Krug, Kuglitsch, Kulp, T. Larson, Macco, Murphy, Neylon, A. Ott,
J. Ott, Petersen, Quinn, Ripp, Rohrkaste, Schraa, Skowronski, Steffen,
Thiesfeldt, Tittl, Tranel and Vorpagel. Referred to Committee on Health
and Human Services.
SB260,1,2
1An Act to create 146.346 of the statutes;
relating to: sale and use of fetal body
2parts and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
Generally, this bill prohibits certain sales and uses of fetal body parts derived
from an unborn child aborted by an induced abortion. The bill also requires
arrangement for final disposition of the fetal body parts by a physician who performs
the induced abortion.
Current law prohibits a person from knowingly and for valuable consideration
acquiring, receiving, or otherwise transferring a human organ. Current federal law
prohibits a person from knowingly acquiring, receiving, or otherwise transferring,
in interstate commerce, any fetal tissue for valuable consideration. This bill
prohibits a person from knowingly acquiring, providing, receiving, or using a fetal
body part in this state, regardless of whether the acquisition, provision, receipt, or
use is for valuable consideration. A fetal body part, as defined in the bill, is a cell,
tissue, organ, or other part of an unborn child who is aborted by an induced abortion
after January 1, 2015. The bill's prohibition does not apply to use of a fetal body part
for diagnostic or remedial tests, procedures, or observations which have the sole
purpose of determining the life or health of the unborn child in order to provide that
information to the mother or preserving the life or health of the child, unborn child,
or the child's mother.
The bill requires a physician who performs an induced abortion to arrange for
final disposition by burial, interment, entombment, cremation, or incineration of the
fetal body parts. A person who is acting exclusively in furtherance of final disposition
of a fetal body part is not guilty of violating the prohibitions in the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB260,1
1Section
1. 146.346 of the statutes is created to read:
SB260,2,2
2146.346 Fetal body parts. (1) Definitions. In this section:
SB260,2,53
(a) "Fetal body part" means a cell, tissue, organ, or other part of an unborn
4child, as defined in s. 939.75 (1), who is aborted by an induced abortion, as defined
5in s. 69.01 (13m), after January 1, 2015.
SB260,2,76
(b) "Final disposition" means the disposition of fetal body parts by burial,
7interment, entombment, cremation, or incineration.
SB260,2,10
8(2)
Prohibition; exception. (a) No person may knowingly acquire, provide,
9receive, or use a fetal body part, regardless of whether the acquisition, provision,
10receipt, or use is for valuable consideration.
SB260,2,1511
(b) This section does not apply to use of a fetal body part for diagnostic or
12remedial tests, procedures, or observations which have the sole purpose of
13determining the life or health of the unborn child in order to provide that information
14to the mother or preserving the life or health of the child, unborn child, or the child's
15mother.
SB260,2,18
16(3) Final disposition. (a) Notwithstanding sub. (2) (a), a physician who
17performs or induces an induced abortion, as defined in s. 69.01 (13m), shall arrange
18for the final disposition of fetal body parts resulting from the induced abortion.
SB260,2,2119
(b) Notwithstanding sub. (2) (a), a person is not guilty of violating this section
20if the person is acting exclusively in furtherance of final disposition of a fetal body
21part.
SB260,3,3
1(4) Penalty. Any person who violates this section is guilty of a Class H felony,
2except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the
3person may be fined not more than $50,000.
SB260,2
4Section
2.
Initial applicability.
SB260,3,65
(1) This act first applies to acquisition, provision, receipt, or use of a fetal body
6part on the effective date of this subsection.
