This bill eliminates the option of permitting a member of the clergy to file a
petition and affidavit on behalf of the minor. Under the bill, the minor must file her
own petition and be present at the initial appearance, and the court must appoint
counsel for the minor and hold a hearing on the petition.
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:
SB133, s. 1
1Section
1. 46.24 of the statutes is amended to read:
SB133,4,3
246.24 Assistance to minors concerning parental consent for abortion. 3If a minor who is contemplating an abortion requests assistance from a county
4department under s. 46.215, 46.22 or 46.23 in seeking the consent of the minor's
5parent, guardian or legal custodian
, or in seeking the consent of an adult family
1member, as defined in s. 48.375 (2) (b), for the contemplated abortion or in seeking
2a waiver from the circuit court, the county department shall provide assistance,
3including, if so requested, accompanying the minor as appropriate.
SB133, s. 2
4Section
2. 48.23 (1) (cm) of the statutes is amended to read:
SB133,4,65
48.23
(1) (cm) Any minor who is subject to the jurisdiction of the circuit court
6under s. 48.16
and who is required to appear in court shall be represented by counsel.
SB133, s. 3
7Section
3. 48.257 (1) (h) of the statutes is amended to read:
SB133,4,128
48.257
(1) (h) If the minor is not represented by counsel, the place where and
9the manner in which the minor wishes to be notified of proceedings under s. 48.375
10(7) until appointment of counsel under s. 48.375 (7) (a) 1.
If the petition is filed by
11a member of the clergy on behalf of the minor, the place where and manner in which
12the member of the clergy wishes to be notified of proceedings under s. 48.375 (7).
SB133, s. 4
13Section
4. 48.257 (4) of the statutes is amended to read:
SB133,4,1514
48.257
(4) The clerk of circuit court shall give a copy of the petition to the minor
15or to the member of the clergy who files a petition on behalf of the minor, if any.
SB133, s. 5
16Section
5. 48.27 (9) of the statutes is amended to read:
SB133,4,2417
48.27
(9) Subsections (1) to (8) do not apply in any proceeding under s. 48.375
18(7). For proceedings under s. 48.375 (7), the circuit court shall provide notice only
19to the minor, her counsel
, if any, the member of the clergy who filed the petition on
20behalf of the minor, if any, and her guardian ad litem, if any. The notice shall contain
21the title and case number of the proceeding, and the nature, location, date and time
22of the hearing or other proceeding. Notice to the minor
or to the member of the clergy,
23if any, shall be provided as requested under s. 48.257 (1) (h) and, after appointment
24of the minor's counsel,
if any, by her counsel.
SB133, s. 6
25Section
6. 48.273 (4) (b) of the statutes is amended to read:
SB133,5,10
148.273
(4) (b) Personal service is required for notice of all proceedings under
2s. 48.375 (7), except that, if the minor is not represented by counsel, notice to the
3minor shall be in the manner and at the place designated
by the minor in the petition
4under s. 48.257 (1) until appointment of the minor's counsel
, if any, under s. 48.375
5(7) (a) 1. Notice shall be served immediately for any proceeding under s. 48.375 (7)
6unless the minor waives the immediate notice. If the minor waives the immediate
7notice, the notice shall be served at least 24 hours before the time of the hearing
8under s. 48.375 (7) (b) or any other proceeding under s. 48.375 (7). A minor may, in
9acknowledging receipt of service of the notice, sign the name "Jane Doe" in lieu of
10providing the minor's full signature.
SB133, s. 7
11Section
7. 48.375 (2) (b) of the statutes is repealed.
SB133, s. 8
12Section
8. 48.375 (2) (c) of the statutes is amended to read:
SB133,5,1913
48.375
(2) (c) "Counselor" means a physician including a physician specializing
14in psychiatry, a licensed psychologist, as defined in s. 455.01 (4), or an ordained
15member of the clergy
, as defined in s. 765.002 (1). "Counselor" does not include any
16person who is employed by or otherwise affiliated with a reproductive health care
17facility, a family planning clinic or a family planning agency; any person affiliated
18with the performance of abortions, except abortions performed to save the life of the
19mother; or any person who may profit from giving advice to seek an abortion.
SB133, s. 9
20Section
9. 48.375 (2) (em) of the statutes is repealed.
SB133, s. 10
21Section
10. 48.375 (4) (a) 1. of the statutes is amended to read:
SB133,6,2022
48.375
(4) (a) 1. The person or the person's agent has, either directly or through
23a referring physician or his or her agent, received and made part of the minor's
24medical record, under the requirements of s. 253.10, the voluntary and informed
25written consent of the minor and the voluntary and informed written consent of one
1of her parents; or of the minor's guardian or legal custodian, if one has been
2appointed;
or of an adult family member of the minor; or of one of the minor's foster
3parents or treatment foster parents, if the minor has been placed in a foster home
4or treatment foster home and the minor's parent has signed a waiver granting the
5department, a county department, the foster parent or the treatment foster parent
6the authority to consent to medical services or treatment on behalf of the minor.
The
7minor's parent, guardian, legal custodian, foster parent or treatment foster parent
8shall sign and acknowledge the consent document before a notary public. In taking
9the acknowledgement, the notary public shall determine, either from personal
10knowledge or from satisfactory evidence consisting of one or more forms of
11identification containing the name, address, signature and photograph of the person,
12that the person appearing before the notary public and making the acknowledgment
13is the person whose true signature is on the consent document. The notary public
14shall also determine, either from personal knowledge or from satisfactory evidence,
15that the person appearing before the notary public and making the
16acknowledgement is, in fact, the parent, guardian, legal custodian, foster parent or
17treatment foster parent of the minor and does, in fact, have the authority to consent
18to medical services or treatment on behalf of the minor. A notary public who takes
19an acknowledgment under this subdivision shall keep confidential any information
20acquired in taking the acknowledgment.
SB133, s. 11
21Section
11. 48.375 (4) (b) 1. of the statutes is amended to read:
SB133,6,2522
48.375
(4) (b) 1.
The person who intends to perform or induce the abortion
23believes, to the best of his or her medical judgment based on the facts of the case
24before him or her, that a A medical emergency
, as defined in s. 253.10 (2) (d), exists
25that complicates the pregnancy so as to require an immediate abortion.
SB133, s. 12
1Section
12. 48.375 (4) (b) 1m. of the statutes is repealed.
SB133, s. 13
2Section
13. 48.375 (4) (b) 3. of the statutes is amended to read:
SB133,7,143
48.375
(4) (b) 3. The minor provides the person who intends to perform or
4induce the abortion with a written statement, signed and dated by the minor, that
5a parent who has legal custody of the minor, or the minor's guardian or legal
6custodian, if one has been appointed,
or an adult family member of the minor, or a
7foster parent or treatment foster parent, if the minor has been placed in a foster home
8or treatment foster home and the minor's parent has signed a waiver granting the
9department, a county department, the foster parent or the treatment foster parent
10the authority to consent to medical services or treatment on behalf of the minor, has
11inflicted abuse on the minor. The person who intends to perform or induce the
12abortion shall place the statement in the minor's medical record. The person who
13intends to perform or induce the abortion shall report the abuse as required under
14s. 48.981 (2).
SB133, s. 14
15Section
14. 48.375 (6) of the statutes is amended to read:
SB133,7,1916
48.375
(6) Right to petition court for waiver. Any pregnant minor who is
17seeking an abortion in this state
, and any member of the clergy on the minor's behalf, 18may file a petition specified under s. 48.257 with any court for a waiver of the
19parental consent requirement under sub. (4) (a) 1.
SB133, s. 15
20Section
15. 48.375 (7) (a) (intro.) of the statutes is amended to read:
SB133,7,2521
48.375
(7) (a)
Receipt of petition; initial appearance. (intro.) On the date that
22a petition under s. 48.257 is filed, or if it is impossible to do so on that day, on the next
23calendar day, the court shall hold an initial appearance in chambers at which the
24minor
or the member of the clergy who filed the petition on behalf of the minor, if any, 25is present and shall do all of the following:
SB133, s. 16
1Section
16. 48.375 (7) (a) 4. of the statutes is amended to read:
SB133,8,42
48.375
(7) (a) 4. Notify the minor, the minor's counsel
, if any, the member of the
3clergy who filed the petition on behalf of the minor, if any, and the minor's guardian
4ad litem, if any, of the time, date and place of the hearing.
SB133, s. 17
5Section
17. 48.375 (7) (b) (intro.) of the statutes is amended to read:
SB133,8,106
48.375
(7) (b)
Hearing; evidence. (intro.) The court shall hold a confidential
7hearing on
a the petition
that is filed by a minor. The hearing shall be held in
8chambers, unless a public fact-finding hearing is demanded by the minor through
9her counsel. At the hearing, the court shall consider the report of the guardian ad
10litem, if any, and hear evidence relating to all of the following:
SB133, s. 18
11Section
18. 48.375 (7) (bm) of the statutes is repealed.
SB133, s. 19
12Section
19. 48.375 (7) (d) of the statutes is amended to read:
SB133,9,213
48.375
(7) (d)
Time limit. 1. The court shall make the determination under par.
14(c) and issue an order within 3 calendar days after the initial appearance unless the
15minor and her counsel
, or the member of the clergy who filed the petition on behalf
16of the minor, if any, consent to an extension of the time period. The order shall be
17effective immediately. The court shall prepare and file with the clerk of court
18findings of fact, conclusions of law and a final order granting or denying the petition
19within 24 hours after making the determination and order. If the court grants the
20petition, the court shall immediately so notify the minor by personal service on her
21counsel
, or the member of the clergy who filed the petition on behalf of the minor, if
22any, of a certified copy of the court's order granting the petition. If the court denies
23the petition, the court shall immediately so notify the minor by personal service on
24her counsel
, or the member of the clergy who filed the petition on behalf of the minor,
25if any, of a copy of the court's order denying the petition and shall also notify the minor
1by her counsel
, or the member of the clergy who filed the petition on behalf of the
2minor, if any, that she has a right to initiate an appeal under s. 809.105.
SB133,9,203
1m. Except as provided under s. 48.315 (1) (b), (c) and (f), if the court fails to
4comply with the time limits specified under subd. 1. without the prior consent of the
5minor and the minor's counsel,
if any, or the member of the clergy who filed the
6petition on behalf of the minor, if any, the minor and the minor's counsel
, if any, or
7the member of the clergy, if any, shall select a temporary reserve judge, as defined
8in s. 753.075 (1) (b), to make the determination under par. (c) and issue an order
9granting or denying the petition and the chief judge of the judicial administrative
10district in which the court is located shall assign the temporary reserve judge
11selected by the minor and the minor's counsel
, if any, or the member of the clergy, if
12any, to make the determination and issue the order. A temporary reserve judge
13assigned under this subdivision to make a determination under par. (c) and issue an
14order granting or denying a petition shall make the determination and issue the
15order within 2 calendar days after the assignment, unless the minor and her counsel
,
16if any, or the member of the clergy who filed the petition on behalf of the minor, if any, 17consent to an extension of that time period. The order shall be effective immediately.
18The court shall prepare and file with the clerk of court findings of fact, conclusions
19of law and a final order granting or denying the petition, and shall notify the minor
20of the court's order, as provided under subd. 1.
SB133,9,2521
2. Counsel for the minor
, or the member of the clergy who filed the petition on
22behalf of the minor, if any, shall immediately, upon notification under subd. 1. or 1m.
23that the court has granted or denied the petition, notify the minor. If the court has
24granted the petition, counsel for the minor
, or the member of the clergy who filed the
25petition on behalf of the minor, if any, shall hand deliver a certified copy of the court
1order to the person who intends to perform or induce the abortion. If with reasonable
2diligence the person who intends to perform or induce the abortion cannot be located
3for delivery, then counsel for the minor
, or the member of the clergy who filed the
4petition on behalf of the minor, if any, shall leave a certified copy of the order with
5the person's agent at the person's principal place of business. If a clinic or medical
6facility is specified in the petition as the corporation, limited liability company,
7partnership or other unincorporated association that employs the person who
8intends to perform or induce the abortion, then counsel for the minor
, or the member
9of the clergy who filed the petition on behalf of the minor, if any, shall hand deliver
10a certified copy of the order to an agent of the corporation, limited liability company,
11partnership or other unincorporated association at its principal place of business.
12There may be no service by mail or publication. The person or agent who receives
13the certified copy of the order under this subdivision shall place the copy in the
14minor's medical record.
SB133, s. 20
15Section
20. 48.375 (7) (f) of the statutes is amended to read:
SB133,10,2316
48.375
(7) (f)
Certain persons barred from proceedings. No parent, or guardian
17or legal custodian, if one has been appointed, or foster parent or treatment foster
18parent, if the minor has been placed in a foster home or treatment foster home and
19the minor's parent has signed a waiver granting the department, a county
20department, the foster parent or the treatment foster parent the authority to consent
21to medical services or treatment on behalf of the minor,
or adult family member, of
22any minor who is seeking a court determination under this subsection may attend,
23intervene or give evidence in any proceeding under this subsection.
SB133, s. 21
24Section
21. 69.186 (1) (j) of the statutes is amended to read:
SB133,11,5
169.186
(1) (j) If the patient is a minor, whether consent was provided under s.
248.375 (4) (a) 1. for the abortion and, if so, the relationship of the individual providing
3consent to the minor; or, if consent under s. 48.375 (4) (a) 1. was not provided, on
4which of the bases under s. 48.375 (4) (a) 2. or (b) 1., 1g.,
1m., 2. or 3. the abortion was
5performed.
SB133, s. 22
6Section
22. 809.105 (2) of the statutes is amended to read:
SB133,11,167
809.105
(2) Initiating an appeal. Only a minor may initiate an appeal under
8this section. The minor shall initiate the appeal by filing
, or by a member of the clergy
9filing on the minor's behalf, a notice of appeal with the clerk of the trial court in which
10the order appealed from was entered and shall specify in the notice of appeal the
11order appealed from. At the same time, the minor
or member of the clergy shall notify
12the court of appeals of the filing of the appeal by sending a copy of the notice of appeal
13to the clerk of the court of appeals. The clerk of the trial court shall assist the minor
14or member of the clergy in sending a copy of the notice of appeal to the clerk of the
15court of appeals. The minor may use the name "Jane Doe" instead of her name on
16the notice of appeal and all other papers filed with the court of appeals.
SB133, s. 23
17Section
23. 809.105 (3) (a) of the statutes is amended to read:
SB133,11,2018
809.105
(3) (a)
Fee. No fee for filing an appeal in the court of appeals under this
19section may be required of a minor
or of a member of the clergy who files an appeal
20under this section on behalf of the minor.
SB133, s. 24
21Section
24. 809.105 (3) (d) of the statutes is amended to read:
SB133,11,2322
809.105
(3) (d)
Statement on transcript. A minor
or member of the clergy may
23not be required to file a statement on transcript in an appeal under this section.
SB133, s. 25
24Section
25. 809.105 (5) of the statutes is amended to read:
SB133,12,7
1809.105
(5) Transcript of reporter's notes. At the time that a minor
or
2member of the clergy files a notice of appeal, the minor
or member of the clergy shall
3make arrangements with the reporter for the preparation of a transcript of the
4reporter's notes of the proceedings under s. 48.375 (7). The reporter shall file the
5transcript with the trial court within 2 calendar days after the notice of appeal is
6filed. The county of the court that held the proceeding under s. 48.375 (7) shall pay
7the expense of transcript preparation under this subsection.
SB133, s. 26
8Section
26. 809.105 (8) of the statutes is amended to read:
SB133,12,149
809.105
(8) Assignment and advancement of cases. The court of appeals shall
10take cases appealed under this section in an order that ensures that a judgment is
11made within 4 calendar days after the appeal has been filed in the court of appeals.
12The time limit under this subsection may be extended with the consent of the minor
13and her counsel
, if any, or the member of the clergy who initiated the appeal under
14this section, if any.
SB133, s. 27
15Section
27. 809.105 (8m) of the statutes is amended to read:
SB133,12,2116
809.105
(8m) Oral argument. If the court of appeals determines that a case
17appealed under this section is to be submitted with oral argument, the oral argument
18shall be held in chambers or, on motion of the minor through her counsel
or through
19the member of the clergy who filed the appeal under this section, if any, or on the
20court of appeals' own motion, by telephone, unless the minor through her counsel
or
21the member of the clergy demands that the oral argument be held in open court.
SB133, s. 28
22Section
28. 809.105 (9) of the statutes is amended to read:
SB133,12,2423
809.105
(9) Costs. The court of appeals may not assess costs against a minor
24or member of the clergy in an appeal under this section.
SB133, s. 29
25Section
29. 809.105 (10) of the statutes is amended to read:
SB133,13,19
1809.105
(10) Remittitur. (a) A judgment by the court of appeals under this
2section is effective immediately, without transmittal to the trial court, as an order
3either granting or denying the petition. If the court of appeals reverses a trial court
4order denying a petition under s. 48.375 (7), the court of appeals shall immediately
5so notify the minor by personal service on her counsel
or the member of the clergy
6who initiated the appeal under this section, if any, of a certified copy of the order of
7the court of appeals granting the minor's petition. If the court of appeals affirms the
8trial court order, it shall immediately so notify the minor by personal service on her
9counsel
or the member of the clergy who initiated the appeal under this section, if
10any, of a copy of the order of the court of appeals denying the petition and shall also
11notify the minor by her counsel
or the member of the clergy who initiated the appeal
12under this section on behalf of the minor, if any, that she may, under sub. (11), file
13a petition for review with the supreme court under s. 809.62. The court of appeals
14shall pay the expenses of service of notice under this subsection. The clerk of the
15court of appeals shall transmit to the trial court the judgment and opinion of the court
16of appeals and the record in the case filed under sub. (4), within 31 days after the date
17that the judgment and opinion of the court of appeals are filed. If a petition for review
18is filed under sub. (11), the transmittal shall be made within 31 days after the date
19that the supreme court rules on the petition for review.
SB133,14,1320
(b) Counsel for the minor
, if any, or the member of the clergy who initiated the
21appeal under this section, if any, shall immediately, upon notification under par. (a)
22that the court of appeals has granted or denied the petition, notify the minor. If the
23court of appeals has granted the petition, counsel for the minor
, if any, or the member
24of the clergy who initiated the appeal under this section, if any, shall hand deliver
25a certified copy of the order of the court of appeals to the person who intends to
1perform or induce the abortion. If with reasonable diligence the person who intends
2to perform or induce the abortion cannot be located for delivery, then counsel for the
3minor
, if any, or the member of the clergy who initiated the appeal under this section,
4if any, shall leave a certified copy of the order with the person's agent at the person's
5principal place of business. If a clinic or medical facility is specified in the petition
6as the corporation,
limited liability company, partnership or other unincorporated
7association that employs the person who intends to perform or induce the abortion,
8then counsel for the minor
, if any, or the member of the clergy who initiated the
9appeal under this section, if any, shall hand deliver a certified copy of the order to an
10agent of the corporation,
limited liability company, partnership or other
11unincorporated association at its principal place of business. There may be no
12service by mail or publication. The person or agent who receives the certified copy
13of the order under this paragraph shall place the copy in the minor's medical record.
SB133, s. 30
14Section
30. 809.105 (11) (a) (intro.) of the statutes is amended to read:
SB133,14,1715
809.105
(11) (a) (intro.) Only a minor
or the member of the clergy who initiated
16the appeal under this section, if any, may initiate a review of an appeal under this
17section. The petition for review of an appeal in the supreme court shall contain:
SB133, s. 31
18Section
31. 809.105 (11) (a) 3. of the statutes is amended to read:
SB133,14,2419
809.105
(11) (a) 3. The judgment and opinion of the court of appeals, and the
20findings of fact, conclusions of law and final order of the trial court that were
21furnished to the court of appeals. The court of appeals shall provide a copy of these
22papers to the minor,
if any, the member of the clergy who initiated the appeal under
23this section, if any, her counsel or her guardian ad litem, if any, immediately upon
24request.
SB133, s. 32
25Section
32. 809.105 (11) (cm) of the statutes is amended to read:
SB133,15,6
1809.105
(11) (cm) If the supreme court determines that a case reviewed under
2this subsection is to be submitted with oral argument, the oral argument shall be
3held in chambers or, on motion of the minor through her counsel
or through the
4member of the clergy who initiated the appeal under this section, if any, or on the
5supreme court's own motion, by telephone, unless the minor through her counsel
or
6the member of the clergy demands that the oral argument be held in open court.
SB133, s. 33
7Section
33. 809.105 (11) (d) of the statutes is amended to read:
SB133,15,218
809.105
(11) (d) A judgment or decision by the supreme court under this section
9is effective immediately, without transmittal to the trial court, as an order either
10granting or denying the petition. If the supreme court reverses a court of appeals
11order affirming a trial court order denying a petition under s. 48.375 (7), the supreme
12court shall immediately so notify the minor by personal service on her counsel
, if any,
13or on the member of the clergy who initiated the appeal under this section, if any, of
14a certified copy of the order of the supreme court granting the minor's petition. If the
15supreme court affirms the order of the court of appeals, it shall immediately so notify
16the minor by her counsel
or by the member of the clergy who initiated the appeal
17under this section, if any. The clerk of the supreme court shall transmit to the trial
18court the judgment, or decision, and opinion of the supreme court and the complete
19record in the case within 31 days after the date that the judgment, or decision, and
20opinion of the supreme court are filed. The supreme court shall pay the expense of
21service of notice under this subsection.
SB133, s. 34
22Section
34. 809.105 (11) (e) of the statutes is amended to read:
SB133,16,1623
809.105
(11) (e) Counsel for the minor
, if any, or the member of the clergy who
24initiated the appeal under this section, if any, shall immediately, upon notification
25under par. (d) that the supreme court has granted or denied the petition, notify the
1minor. If the supreme court has granted the petition, counsel for the minor
, if any,
2or the member of the clergy who initiated the appeal under this section, if any, shall
3hand deliver a certified copy of the order of the supreme court to the person who
4intends to perform or induce the abortion. If with reasonable diligence the person
5who intends to perform or induce the abortion cannot be located for delivery, then
6counsel for the minor
, if any, or the member of the clergy who initiated the appeal
7under this section, if any, shall leave a certified copy of the order with the person's
8agent at the person's principal place of business. If a clinic or medical facility is
9specified in the petition as the corporation,
limited liability company, partnership or
10other unincorporated association that employs the person who intends to perform or
11induce the abortion, then counsel for the minor
, if any, or the member of the clergy
12who initiated the appeal under this section, if any, shall hand deliver a certified copy
13of the order to an agent of the corporation,
limited liability company, partnership or
14other unincorporated association at its principal place of business. There may be no
15service by mail or publication. The person or agent who receives the certified copy
16of the order under this paragraph shall place the order in the minor's medical record.
SB133, s. 35
17Section
35. 809.105 (13) of the statutes is amended to read:
SB133,17,218
809.105
(13) Certain persons barred from proceedings. No parent, or
19guardian or legal custodian, if one has been appointed, or foster parent or treatment
20foster parent, if the minor has been placed in a foster home or treatment foster home,
21and the minor's parent has signed a waiver granting the department of health and
22family services, a county department under s. 46.215, 46.22 or 46.23, the foster
23parent or the treatment foster parent the authority to consent to medical services or
24treatment on behalf of the minor,
or adult family member, as defined in s. 48.375 (2)
1(b), of any minor who has initiated an appeal under this section may attend or
2intervene in any proceeding under this section.
SB133, s. 36
3Section
36. 895.037 (3) (a) of the statutes is amended to read:
SB133,17,84
895.037
(3) (a) A person who
intentionally violates s. 48.375 (4) is liable to the
5minor on or for whom the abortion was performed or induced and to the minor's
6parent, guardian and legal custodian for damages arising out of the performance or
7inducement of the abortion including, but not limited to, damages for personal injury
8and emotional and psychological distress.
SB133,17,1310
(1)
Abortions performed or induced. The treatment of sections 46.24, 48.375
11(2) (b) and (4) (a) 1. and (b) 1., 1m. and 3., 69.186 (1) (j) and 895.037 (3) (a) of the
12statutes first applies to abortions performed or induced on the effective date of this
13subsection.
SB133,17,1914
(2)
Waiver petitions filed. The treatment of sections 48.23 (1) (cm), 48.257 (1)
15(h) and (4), 48.27 (9), 48.273 (4) (b), 48.375 (2) (c) and (em), (6) and (7) (a) (intro.) and
164., (b) (intro.), (bm), (d) and (f) and 809.105 (2), (3) (a) and (d), (5), (8), (8m), (9), (10),
17(11) (a) (intro.) and 3., (cm), (d) and (e) and (13) of the statutes first applies to petitions
18filed to initiate a proceeding under section 48.375 (7) of the statutes, as affected by
19this act, on the effective date of this subsection.