LRB-3375/1
SWB:emw
2023 - 2024 LEGISLATURE
July 27, 2023 - Introduced by Representatives Magnafici, Rozar, Allen,
Armstrong, Behnke, Binsfeld, Bodden, Brandtjen, Donovan, Edming,
Goeben, Gundrum, Gustafson, Krug, Macco, Maxey, Moses, Murphy,
Nedweski, O'Connor, Penterman, Rettinger, Schmidt, Schraa, Tusler and
Wichgers, cosponsored by Senators Quinn, Ballweg, Hutton, Jacque,
Jagler, Knodl, Marklein, Nass and Tomczyk. Referred to Committee on
Criminal Justice and Public Safety.
AB357,1,2 1An Act to amend 253.10 (2) (a); and to repeal and recreate 940.04 (5) of the
2statutes; relating to: the definition of abortion.
Analysis by the Legislative Reference Bureau
This bill changes the definition of abortion for purposes of requiring voluntary
and informed consent for abortions to provide that abortion does not include a
physician's performance of a medical procedure or treatment designed or intended
to prevent the death of a pregnant woman and not designed or intended to kill the
unborn child, including an early induction or cesarean section performed due to a
medical emergency or the removal of a miscarriage or an ectopic, anembryonic, or
molar pregnancy, which results in injury to or death of the woman's unborn child
when the physician makes reasonable medical efforts under the circumstances to
preserve both the life of the woman and the life of her unborn child in a manner
consistent with conventional medical practice. This definition applies to certain
other abortion-related provisions, including prohibitions on funding for
abortion-related activities, limitations on the prescription and use of
abortion-inducing drugs, and the prohibition on abortion if the probable
postfertilization age of the unborn child is 20 or more weeks.
The bill also amends a statute that provides that any person, other than the
mother, who intentionally destroys the life of an unborn child is guilty of a Class H
felony. The statute also provides that 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 is guilty of a Class
E felony. None of these penalties apply to a therapeutic abortion that is performed

by a physician; is necessary, or advised by two other physicians as necessary, to save
the life of the mother; and, unless an emergency prevents, is performed in a licensed
maternity hospital. The bill eliminates the therapeutic abortion exception and
instead specifies that the statutory prohibitions do not apply to a physician's
performance of a medical procedure or treatment designed or intended to prevent the
death of a pregnant woman and not designed or intended to kill the unborn child,
including an early induction or cesarean section performed due to a medical
emergency or the removal of a miscarriage or an ectopic, anembryonic, or molar
pregnancy, which results in injury to or death of the woman's unborn child when the
physician makes reasonable medical efforts under the circumstances to preserve
both the life of the woman and the life of her unborn child in a manner consistent with
conventional medical practice.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB357,1 1Section 1. 253.10 (2) (a) of the statutes is amended to read:
AB357,2,142 253.10 (2) (a) “Abortion" means the use of an instrument, medicine, drug or
3other substance or device with intent to terminate the pregnancy of a woman known
4to be pregnant or for whom there is reason to believe that she may be pregnant and
5with intent other than to increase the probability of a live birth, to preserve the life
6or health of the infant after live birth or to remove a dead fetus. “ Abortion” does not
7include a physician's performance of a medical procedure or treatment designed or
8intended to prevent the death of a pregnant woman and not designed or intended to
9kill the unborn child, including an early induction or cesarean section performed due
10to a medical emergency or the removal of a miscarriage or an ectopic, anembryonic,
11or molar pregnancy, which results in injury to or death of the woman's unborn child
12when the physician makes reasonable medical efforts under the circumstances to
13preserve both the life of the woman and the life of her unborn child in a manner
14consistent with conventional medical practice.
AB357,2 15Section 2. 940.04 (5) of the statutes is repealed and recreated to read:
AB357,3,9
1940.04 (5) This section does not apply to a physician's performance of a medical
2procedure or treatment designed or intended to prevent the death of a pregnant
3woman and not designed or intended to kill the unborn child, including an early
4induction or cesarean section performed due to a medical emergency or the removal
5of a miscarriage or an ectopic, anembryonic, or molar pregnancy, which results in
6injury to or death of the woman's unborn child when the physician makes reasonable
7medical efforts under the circumstances to preserve both the life of the woman and
8the life of her unborn child in a manner consistent with conventional medical
9practice.
AB357,3,1010 (End)
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