2017 - 2018 LEGISLATURE
November 17, 2017 - Introduced by Representatives C. Taylor, Anderson,
Berceau, Billings, Brostoff, Considine, Crowley, Fields, Goyke, Hebl,
Hesselbein, Kolste, Ohnstad, Pope, Riemer, Sargent, Sinicki, Spreitzer,
Stuck, Subeck, Wachs, Zamarripa and Zepnick, cosponsored by Senators
Erpenbach, Bewley, Johnson, Larson, Miller, Ringhand, Risser, Shilling,
L. Taylor, Vinehout and Wirch. Referred to Committee on Health.
AB656,1,6 1An Act to repeal 46.245, 69.186 (1) (hf), 69.186 (1) (k), 69.186 (1) (L), 253.095,
2253.10, 253.105, 253.107, 441.07 (1g) (f), 457.26 (2) (gm), 632.8985, 940.04 and
3940.15 (5); to amend 20.9275 (1) (a), 48.375 (4) (a) 1., 49.45 (49g) (a) 1d., 448.02
4(3) (a), 939.75 (2) (b) 1., 968.26 (1b) (a) 2. a., 990.001 (17) (b) and 990.01 (19j) (b);
5and to create 253.094 of the statutes; relating to: right to choose an abortion
6and elimination of certain abortion-related regulations.
Analysis by the Legislative Reference Bureau
The bill specifies that every woman has the fundamental right to choose to
obtain a safe and legal abortion. Under the bill, the state may not prohibit a woman
from obtaining an abortion before viability or from obtaining an abortion at any time
during her pregnancy if the termination is necessary, in the professional judgment
of a physician, to protect her life or health. Also under the bill, a law or rule of this
state that places a burden on a woman's access to abortion is unenforceable if the law
or rule does not confer any legitimate health benefit. The bill describes
circumstances that constitute a law or rule placing a burden on access to abortion or
conferring a legitimate health benefit. Any person that is or may be aggrieved by the
enforcement of a law or rule passed or promulgated after the effective date of the bill
that would be unenforceable under the bill may bring an action in state or federal
court for injunctive relief or damages against a state or local official who enforces or
attempts to enforce such a law or rule.

In addition, the bill makes various changes to the laws relating to abortion,
including:
1. The bill eliminates requirements for voluntary and informed consent before
the performance of an abortion. Current law requires that a woman upon whom an
abortion is to be performed or induced must give voluntary and informed written
consent to an abortion. Except in a medical emergency, a woman's consent to an
abortion is considered informed only if, before the abortion is performed or induced
at a time specified in current law, the physician or an assistant has, in person, orally
provided the woman with certain information and given to the woman certain
written materials.
2. The bill eliminates the requirement that except in a medical emergency a
physician must determine or rely on another determination of the probable
postfertilization age of an unborn child before performing an abortion. The bill also
eliminates the prohibition on performing or inducing an abortion if the probable
postfertilization age of the unborn child is 20 or more weeks.
3. This bill eliminates the prohibition on giving a woman an abortion-inducing
drug unless the physician who provided the drug for the woman performs a physical
exam on the woman and is physically present in the room when the drug is given to
the woman.
4. The bill eliminates the prohibition on coverage of abortions by qualified
health plans offered through an exchange in this state.
5. The bill eliminates the prohibition on performing abortions by a physician
that does not have admitting privileges in a hospital within 30 miles of the location
where the abortion is to be performed. Under a federal appellate court ruling, the
requirement to have admitting privileges currently may not be enforced.
6. Under current law, any person, other than the mother, who intentionally
destroys the life of an unborn child may be fined not more than $10,000, imprisoned
for not more than six years, or both. Any person, other than the mother, who
intentionally destroys the life of an unborn quick child or causes the mother's death
by an act done with intent to destroy the life of an unborn child may be fined not more
than $50,000, imprisoned for not more than 15 years, or both. None of these penalties
apply to a therapeutic abortion that is performed by a physician; that is necessary,
or advised by two other physicians as necessary, to save the life of the mother; and
that is performed, except on an emergency basis, in a licensed maternity hospital.
These provisions were cited, along with other provisions not affected by this bill that
prohibit performing an abortion generally, in Roe v. Wade, 410 U.S. 113 (1973), as
substantially similar to a Texas statute that was held to violate the due process
clause of the 14th Amendment to the U.S. Constitution. The bill repeals these
provisions. The bill also repeals the criminal penalty on a person who is not a
physician and who intentionally performs an abortion. The bill, however, does not
affect any other criminal prohibition or limitation on abortion in current law, such
as the prohibition on performing an abortion after the fetus or unborn child has
reached viability, or any other homicide prohibition. The bill also does not affect a
separate provision in current law that prohibits prosecution of and imposing or

enforcing a fine or imprisonment against a woman who obtains an abortion or
otherwise violates any abortion law with respect to her unborn child or fetus.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB656,1 1Section 1. 20.9275 (1) (a) of the statutes is amended to read:
AB656,3,32 20.9275 (1) (a) “Abortion" has the meaning given in s. 253.10 (2) (a) for “induced
3abortion" under s. 69.01 (13m)
.
AB656,2 4Section 2. 46.245 of the statutes is repealed.
AB656,3 5Section 3. 48.375 (4) (a) 1. of the statutes is amended to read:
AB656,3,146 48.375 (4) (a) 1. The person or the person's agent has, either directly or through
7a referring physician or his or her agent, received and made part of the minor's
8medical record, under the requirements of s. 253.10, the voluntary and informed
9written consent of the minor and the voluntary and informed written consent of one
10of her parents; or of the minor's guardian or legal custodian, if one has been
11appointed; or of an adult family member of the minor; or of one of the minor's foster
12parents, if the minor has been placed in a foster home and the minor's parent has
13signed a waiver granting the department, a county department, or the foster parent
14the authority to consent to medical services or treatment on behalf of the minor.
AB656,4 15Section 4. 49.45 (49g) (a) 1d. of the statutes is amended to read:
AB656,3,1716 49.45 (49g) (a) 1d. “Abortion" has the meaning given in s. 253.10 (2) (a) for
17“induced abortion” under s. 69.01 (13m)
.
AB656,5 18Section 5. 69.186 (1) (hf) of the statutes is repealed.
AB656,6 19Section 6. 69.186 (1) (k) of the statutes is repealed.
AB656,7 20Section 7. 69.186 (1) (L) of the statutes is repealed.
AB656,8 21Section 8. 253.094 of the statutes is created to read:
AB656,4,5
1253.094 Right to abortion. (1) Every woman has the fundamental right to
2choose to obtain a safe and legal abortion. The state may not prohibit a woman from
3obtaining an abortion before viability. The state may not prohibit a woman from
4obtaining an abortion at any time during her pregnancy if the termination is
5necessary, in the professional judgment of a physician, to protect her life or health.
AB656,4,8 6(2) (a) A law or rule of this state that places a burden on a woman's access to
7abortion, as described in par. (b), is unenforceable if the law or rule does not confer
8any legitimate health benefit, as described in par. (c).
AB656,4,109 (b) A law or regulation places a burden on access to abortion if the law or rule
10does any of the following:
AB656,4,1111 1. Forces abortion providers to close.
AB656,4,1212 2. Increases the time a woman must wait to have an abortion.
AB656,4,1413 3. Requires a meaningful increase in the distance a woman must travel to
14access abortion-related care.
AB656,4,1615 4. Requires medically unnecessary visits to a health care provider before or
16after obtaining an abortion.
AB656,4,1817 5. Requires a health care provider to perform a medical service that the
18provider would not otherwise perform.
AB656,4,1919 6. Increases the risk to a woman's health.
AB656,4,2120 7. Causes a meaningful increase in the cost of an abortion or abortion-related
21procedure.
AB656,4,2222 8. Has no purpose other than to stigmatize a patient or an abortion provider.
AB656,4,2423 9. Has no purpose or effect other than to decrease or eliminate access to
24abortion.
AB656,5,2
1(c) A law or rule confers a legitimate health benefit if the law or rule does any
2of the following:
AB656,5,33 1. Expands a woman's access to health care services.
AB656,5,44 2. According to evidence-based research, increases patient safety.
AB656,5,95 (d) Any person that is or may be aggrieved by the enforcement of a law or rule
6passed or promulgated after the effective date of this paragraph .... [LRB inserts
7date], that violates this subsection may bring an action in state or federal court for
8injunctive relief or damages against a state or local official who enforces or attempts
9to enforce such a law or rule.
AB656,9 10Section 9. 253.095 of the statutes is repealed.
AB656,10 11Section 10. 253.10 of the statutes is repealed.
AB656,11 12Section 11. 253.105 of the statutes is repealed.
AB656,12 13Section 12. 253.107 of the statutes is repealed.
AB656,13 14Section 13. 441.07 (1g) (f) of the statutes is repealed.
AB656,14 15Section 14. 448.02 (3) (a) of the statutes, as affected by 2013 Wisconsin Act
16240
, is amended to read:
AB656,6,1017 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct
18and negligence in treatment by persons holding a license or certificate granted by the
19board. An allegation that a physician has violated s. 253.10 (3), 448.30 or 450.13 (2)
20or has failed to mail or present a medical certification required under s. 69.18 (2)
21within 21 days after the pronouncement of death of the person who is the subject of
22the required certificate or that a physician has failed at least 6 times within a
236-month period to mail or present a medical certificate required under s. 69.18 (2)
24within 6 days after the pronouncement of death of the person who is the subject of
25the required certificate is an allegation of unprofessional conduct. Information

1contained in reports filed with the board under s. 49.45 (2) (a) 12r., 50.36 (3) (b),
2609.17 or 632.715, or under 42 CFR 1001.2005, shall be investigated by the board.
3Information contained in a report filed with the board under s. 655.045 (1), as created
4by 1985 Wisconsin Act 29, which is not a finding of negligence or in a report filed with
5the board under s. 50.36 (3) (c) may, within the discretion of the board, be used as the
6basis of an investigation of a person named in the report. The board may require a
7person holding a license or certificate to undergo and may consider the results of one
8or more physical, mental or professional competency examinations if the board
9believes that the results of any such examinations may be useful to the board in
10conducting its investigation.
AB656,15 11Section 15. 457.26 (2) (gm) of the statutes is repealed.
AB656,16 12Section 16. 632.8985 of the statutes is repealed.
AB656,17 13Section 17. 939.75 (2) (b) 1. of the statutes is amended to read:
AB656,6,1614 939.75 (2) (b) 1. An act committed during an induced abortion. This
15subdivision does not limit the applicability of ss. 940.04, 940.13, 940.15 and 940.16
16to an induced abortion.
AB656,18 17Section 18. 940.04 of the statutes is repealed.
AB656,19 18Section 19. 940.15 (5) of the statutes is repealed.
AB656,20 19Section 20. 968.26 (1b) (a) 2. a. of the statutes is amended to read:
AB656,6,2520 968.26 (1b) (a) 2. a. Section 940.04, 940.11, 940.19 (2), (4), (5), or (6), 940.195
21(2), (4), (5), or (6), 940.20, 940.201, 940.203, 940.205, 940.207, 940.208, 940.22 (2),
22940.225 (3), 940.29, 940.302 (2) (c), 940.32, 941.32, 941.38 (2), 942.09 (2), 943.10,
23943.205, 943.32 (1), 946.43, 946.44, 946.47, 946.48, 948.02 (3), 948.03 (2) (b) or (c),
24(3), or (4), 948.04, 948.055, 948.095, 948.10 (1) (a), 948.11, 948.13 (2) (a), 948.14,
25948.20, 948.23 (1), (2), or (3) (c) 2. or 3., or 948.30 (1).
AB656,21
1Section 21. 990.001 (17) (b) of the statutes is amended to read:
AB656,7,72 990.001 (17) (b) If a statute or rule refers to a live birth or to the circumstance
3in which an individual is born alive, the statute or rule shall be construed so that
4whoever undergoes a live birth as the result of an induced abortion, as defined in s.
5253.10 (2) (a) 69.01 (13m), has the same legal status and legal rights as a human
6being at any point after the human being undergoes a live birth as the result of
7natural or induced labor or a cesarean section.
AB656,22 8Section 22. 990.01 (19j) (b) of the statutes is amended to read:
AB656,7,159 990.01 (19j) (b) “Live birth" means the complete expulsion or extraction from
10his or her mother, of a human being, at any stage of development, who, after the
11expulsion or extraction, breathes or has a beating heart, pulsation of the umbilical
12cord, or definite movement of voluntary muscles, regardless of whether the umbilical
13cord has been cut, and regardless of whether the expulsion or extraction occurs as
14a result of natural or induced labor, a cesarean section, or an induced abortion, as
15defined in s. 253.10 (2) (a) 69.01 (13m).
AB656,23 16Section 23. Nonstatutory provisions.
AB656,7,1717 (1) Legislative findings. The legislature finds all of the following:
AB656,7,1918 (a) Comprehensive reproductive health care, including safe abortions, is a vital
19component of a woman's overall health and must be protected.
AB656,7,2120 (b) Access to abortion is a core component of women's social and economic
21equality.
AB656,7,2422 (c) Abortion is one of the safest medical procedures in the United States. Data,
23including data from the Centers for Disease Control and Prevention, show that
24abortion has over a 99 percent safety record.
AB656,7,2525 (d) Any regulation of medical care must have a legitimate purpose.
AB656,8,2
1(e) The goal of medical regulation should be to improve the quality of care and
2increase access to care.
AB656,8,53 (f) More than 40 years ago, the Supreme Court held in Roe v. Wade, 410 U.S.
4113 (1973), that access to abortion is a constitutional right and that states may not
5prohibit abortion prior to viability.
AB656,8,106 (g) The right to abortion prior to viability has been upheld time and again by
7the court, including in the 1992 case Planned Parenthood of Southeastern
8Pennsylvania v. Casey,
505 U.S. 833, and most recently in the landmark decision
9Whole Woman's Health v. Hellerstedt, 136 S. Ct. 2292 (2016), where the court
10reaffirmed once again a woman's constitutional right to access a safe, legal abortion.
AB656,8,1311 (h) In Whole Woman's Health, the court struck down 2 Texas laws designed to
12close abortion providers in the state which the court concluded provided few, if any,
13health benefits for women.
AB656,8,1714 (i) Justice Ruth Bader Ginsburg concluded in her concurrence in Whole
15Woman's Health
that, given the safety of abortion, “it is beyond rational belief that
16[Texas] H. B. 2 could genuinely protect the health of women, and certain that the law
17`would simply make it more difficult for them to obtain abortions.'”
AB656,8,2018 (j) In Whole Woman's Health, the court held that the Constitution “requires
19courts to consider the burdens a law imposes on abortion access together with the
20benefits those laws confer.”
AB656,8,2321 (k) In Whole Woman's Health, the court further held that courts “when
22determining the constitutionality of laws regulating abortion procedures,” must
23place “considerable weight upon evidence...presented.”
AB656,9,3
1(L) In Whole Woman's Health, Justice Ruth Bader Ginsburg said in her
2concurrence that abortion restrictions that “do little or nothing for health, but rather
3strew impediments to abortion...cannot survive judicial inspection.”
AB656,9,94 (m) According to the American College of Obstetricians and Gynecologists,
5American Medical Association, American Academy of Family Physicians, and
6American Osteopathic Association, leading public health organizations and amici
7curiae for the petitioners in Whole Women's Health, “Women's access to high-quality,
8evidence-based abortion should not be limited by laws enacted under the guise of
9patient safety but that, in fact, harm women's health.”
AB656,9,1310 (n) The 334 restrictions on abortion providers and their patients adopted
11nationally, 7 of which were adopted by the state of Wisconsin, since 2011 that were
12enacted based on pretextual reasons are just a systematic attempt to eliminate
13access to safe and legal medical care.
AB656,9,1614 (o) In accordance with the U.S. Constitution, it is therefore the intent of the
15legislature of this state to prevent the enforcement of laws or regulations that burden
16abortion access and do not provide legitimate health benefits.
AB656,9,1717 (End)
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