Amendment AA2-AB175

ASSEMBLY AMENDMENT 2, TO 2005 ASSEMBLY BILL 175

November 1, 2005 - Offered by Representative Sinicki.

AB175-AA2,1,1 At the locations indicated, amend the bill as follows:

AB175-AA2,1,4 1. Page 2, line 2: after "abortion" insert ", requiring an unemancipated minor to obtain parental or other consent or a judicial waiver of that consent requirement before she may give birth, and providing a penalty".

AB175-AA2,1,5 2. Page 4, line 1: delete lines 1 to 8 and substitute:

AB175-AA2,1,6 " Section 1d. 46.24 of the statutes is amended to read:

AB175-AA2,2,2 46.24 Assistance to minors concerning parental consent for abortion or for giving birth. If a minor who is contemplating an abortion or who is contemplating giving birth requests assistance from a county department under s. 46.215, 46.22, or 46.23 in seeking the consent of the minor's parent, guardian, or legal custodian, or in seeking the consent of an adult family member, as defined in s. 48.375 (2) (b), for the contemplated abortion or giving of birth or in seeking a waiver from the circuit court, the county department shall provide assistance, including, if so requested, accompanying the minor as appropriate.

AB175-AA2, s. 1r Section 1r. 48.16 (title) of the statutes is amended to read:

AB175-AA2,2,5 48.16 (title) Jurisdiction over petitions for waiver of parental consent to a minor's abortion or giving birth.".

AB175-AA2,2,6 3. Page 4, line 11: after that line insert:

AB175-AA2,2,7 " Section 2d. 48.235 (1) (d) of the statutes is amended to read:

AB175-AA2,2,15 48.235 (1) (d) The circuit court may appoint a guardian ad litem for a minor in a proceeding under s. 48.375 (7) to aid the circuit court in determining under s. 48.375 (7) (c) whether or not the minor is mature and well-informed enough to make the abortion decision on her own and whether or not the performance or inducement of the abortion is in the minor's best interests or to aid the circuit court in determining under s. 48.375 (7) (a) whether or not the minor is mature and well-informed enough to make the decision whether to give birth on her own and whether or not giving birth is in the minor's best interests.

AB175-AA2, s. 2g Section 2g. 48.257 (title) of the statutes is amended to read:

AB175-AA2,2,18 48.257 (title) Petition to initiate a procedure to waive parental consent prior to a minor's abortion or giving birth.

AB175-AA2, s. 2j Section 2j. 48.257 (1) (b) of the statutes is amended to read:

AB175-AA2,2,23 48.257 (1) (b) A statement that the minor is pregnant and the estimated gestational age of the fetus at the time that the petition is filed, and either a statement that the minor is seeking an abortion or a statement that the minor is seeking to give birth.

AB175-AA2, s. 2m Section 2m. 48.257 (1) (c) of the statutes is amended to read:

AB175-AA2,3,4 48.257 (1) (c) The name and address of the person who intends to perform or induce the abortion or who intends to attend the birth, if known. If that person is not known, the name and address of the clinic or other medical facility that intends to perform or induce the abortion or to attend the birth, if known.

AB175-AA2, s. 2p Section 2p. 48.257 (1) (e) of the statutes is amended to read:

AB175-AA2,3,12 48.257 (1) (e) A Either a statement alleging that the minor is mature and well-informed enough to make her own decision on whether or not to have an abortion and facts sufficient to establish that the minor is mature enough and well-informed enough to make her own decision or a statement alleging that the minor is mature and well-informed enough to make her own decision on whether or not to give birth and facts sufficient to establish that the minor is mature enough and well-informed enough to make her own decision.

AB175-AA2, s. 2r Section 2r. 48.257 (1) (f) of the statutes is amended to read:

AB175-AA2,3,21 48.257 (1) (f) A Either a statement alleging that, if the circuit court does not find that the minor is mature enough and well-informed enough to make her own decision, the circuit court should find that having an abortion is in the minor's best interest and facts sufficient to establish that an abortion is in the minor's best interest or a statement alleging if the circuit court does not find that the minor is mature enough and well-informed enough to make her own decision, the circuit court should find that giving birth is in the minor's best interest and facts sufficient to establish that giving birth is in the minor's best interest.".

AB175-AA2,3,22 4. Page 5, line 23: after that line insert:

AB175-AA2,3,23 " Section 6g. 48.373 (2) of the statutes is amended to read:

AB175-AA2,4,3 48.373 (2) Section 48.375 (7) applies if the medical service authorized under sub. (1) is an abortion or if the medical service authorized under sub. (1) is attending to a live birth.

AB175-AA2, s. 6j Section 6j. 48.373 (3) of the statutes is amended to read:

AB175-AA2,4,7 48.373 (3) In a proceeding under s. 48.375 (7), a circuit court exercising jurisdiction under s. 48.16 may not authorize any medical services other than the performance or inducement of an abortion or the attendance to a live birth.

AB175-AA2, s. 6m Section 6m. 48.375 (title) of the statutes is amended to read:

AB175-AA2,4,10 48.375 (title) Parental consent required prior to abortion or giving birth; judicial waiver procedure.

AB175-AA2, s. 6p Section 6p. 48.375 (1) (a) 5. of the statutes is amended to read:

AB175-AA2,4,14 48.375 (1) (a) 5. Parents who are aware that their minor is pregnant or, has had an abortion, or has given birth may better ensure that she receives adequate medical attention during her pregnancy or, after her abortion, or after her giving birth.

AB175-AA2, s. 6r Section 6r. 48.375 (1) (a) 6. of the statutes is amended to read:

AB175-AA2,4,18 48.375 (1) (a) 6. Parental knowledge of a minor's pregnancy and parental consent to an abortion or to giving birth are usually desirable and in the best interest of the minor.".

AB175-AA2,4,19 5. Page 6, line 14: after that line insert:

AB175-AA2,4,20 " Section 10g. 48.375 (2) (h) of the statutes is amended to read:

AB175-AA2,4,22 48.375 (2) (h) "Referring physician" means a physician who refers a minor to another physician for the purpose of obtaining an abortion or of giving birth.

AB175-AA2, s. 10r Section 10r. 48.375 (4) (a) (intro.) of the statutes is amended to read:

AB175-AA2,5,4 48.375 (4) (a) (intro.) Except as provided in this section, no person may perform or induce an abortion on or for a minor who is not an emancipated minor or attend the giving of birth by a minor who is not an emancipated minor unless the person is a physician and one of the following applies:".

AB175-AA2,5,5 6. Page 8, line 12: after that line insert:

AB175-AA2,5,6 " Section 14m. 48.375 (4) (b) (intro.) of the statutes is amended to read:

AB175-AA2,5,9 48.375 (4) (b) (intro.) Paragraph (a) does not apply if the person who intends to perform or induce the abortion or who intends to attend the birth is a physician and any of the following occurs:".

AB175-AA2,5,10 7. Page 9, line 7: delete lines 7 to 11 and substitute:

AB175-AA2,5,11 " Section 17m. 48.375 (5) of the statutes is amended to read:

AB175-AA2,5,15 48.375 (5) Counseling. Any minor who is pregnant and who is seeking an abortion or to give birth and any minor who has had an abortion or who has given birth may receive counseling from a counselor of her choice. A county department may refer the minor to a private counselor.

AB175-AA2, s. 18d Section 18d. 48.375 (6) of the statutes is amended to read:

AB175-AA2,5,21 48.375 (6) Right to petition court for waiver. Any pregnant minor who is seeking an abortion in this state, and any member of the clergy on the minor's behalf, or who is seeking to give birth in this state may file a petition specified under s. 48.257 with any court for a waiver of the parental consent requirement under sub. (4) (a) 1.".

AB175-AA2,5,22 8. Page 10, line 2: after that line insert:

AB175-AA2,5,23 " Section 21m. 48.375 (7) (b) 2. of the statutes is amended to read:

AB175-AA2,6,3 48.375 (7) (b) 2. The understanding of the minor about the nature of, possible consequences of, and alternatives to the intended abortion procedure or the intended giving of birth.".

AB175-AA2,6,4 9. Page 10, line 6: after that line insert:

AB175-AA2,6,5 " Section 23m. 48.375 (7) (c) 1. of the statutes is amended to read:

AB175-AA2,6,7 48.375 (7) (c) 1. That the minor is mature and well-informed enough to make the abortion decision or the decision to give birth on her own.

AB175-AA2, s. 23p Section 23p. 48.375 (7) (c) 2. of the statutes is amended to read:

AB175-AA2,6,10 48.375 (7) (c) 2. That the performance or inducement of the abortion or the giving of birth is in the minor's best interests.".

AB175-AA2,6,11 10. Page 11, line 17: delete lines 17 to 25.

AB175-AA2,6,12 11. Page 12, line 1: delete lines 1 to 11 and substitute:

AB175-AA2,6,13 " Section 26d. 48.375 (7) (d) of the statutes is amended to read:

AB175-AA2,7,9 48.375 (7) (d) 2. Counsel for the minor, or the member of the clergy who filed the petition on behalf of the minor, if any, shall immediately, upon notification under subd. 1. or 1m. that the court has granted or denied the petition, notify the minor. If the court has granted the petition, counsel for the minor, or the member of the clergy who filed the petition on behalf of the minor, if any, shall hand deliver a certified copy of the court order to the person who intends to perform or induce the abortion or to attend the birth. If with reasonable diligence the person who intends to perform or induce the abortion or to attend the birth cannot be located for delivery, then counsel for the minor, or the member of the clergy who filed the petition on behalf of the minor, if any, shall leave a certified copy of the order with the person's agent at the person's principal place of business. If a clinic or medical facility is specified in the petition as the corporation, limited liability company, partnership, or other unincorporated association that employs the person who intends to perform or induce the abortion or to attend the birth, then counsel for the minor, or the member of the clergy who filed the petition on behalf of the minor, if any, shall hand deliver a certified copy of the order to an agent of the corporation, limited liability company, partnership, or other unincorporated association at its principal place of business. There may be no service by mail or publication. The person or agent who receives the certified copy of the order under this subdivision shall place the copy in the minor's medical record.".

AB175-AA2,7,10 12. Page 13, line 2: after that line insert:

AB175-AA2,7,11 " Section 28r. 809.105 (title) of the statutes is amended to read:

AB175-AA2,7,13 809.105 (title) Appeals in proceedings related to parental consent prior to performance of abortion or giving birth.".

AB175-AA2,7,14 13. Page 13, line 20: after that line insert:

AB175-AA2,7,15 " Section 31m. 809.105 (4) (j) of the statutes is amended to read:

AB175-AA2,7,21 809.105 (4) (j) If the trial court appointed a guardian ad litem under s. 48.235 (1) (d), a letter written to the court of appeals by the guardian ad litem indicating his or her position on whether or not the minor is mature and well-informed enough to make the abortion decision or the decision to give birth on her own and whether or not the performance or inducement of an abortion or the giving of birth is in the minor's best interests.".

AB175-AA2,7,22 14. Page 15, line 16: delete lines 16 to 25.

AB175-AA2,7,23 15. Page 16, line 1: delete lines 1 to 9 and substitute:

AB175-AA2,8,20 "(b) Counsel for the minor, if any, or the member of the clergy who initiated the appeal under this section, if any, shall immediately, upon notification under par. (a) that the court of appeals has granted or denied the petition, notify the minor. If the court of appeals has granted the petition, counsel for the minor, if any, or the member of the clergy who initiated the appeal under this section, if any, shall hand deliver a certified copy of the order of the court of appeals to the person who intends to perform or induce the abortion or to attend the birth. If with reasonable diligence the person who intends to perform or induce the abortion or to attend the birth cannot be located for delivery, then counsel for the minor, if any, or the member of the clergy who initiated the appeal under this section, if any, shall leave a certified copy of the order with the person's agent at the person's principal place of business. If a clinic or medical facility is specified in the petition as the corporation, limited liability company, partnership, or other unincorporated association that employs the person who intends to perform or induce the abortion or to attend the birth, then counsel for the minor, if any, or the member of the clergy who initiated the appeal under this section, if any, shall hand deliver a certified copy of the order to an agent of the corporation, limited liability company, partnership , or other unincorporated association at its principal place of business. There may be no service by mail or publication. The person or agent who receives the certified copy of the order under this paragraph shall place the copy in the minor's medical record.".

AB175-AA2,8,21 16. Page 16, line 21: after that line insert:

AB175-AA2,8,22 " Section 38r. 809.105 (11) (c) of the statutes is amended to read:

AB175-AA2,9,3 809.105 (11) (c) The supreme court shall, by court rule, provide for expedited appellate review of cases appealed under this subsection because time may be of the essence regarding the performance of the abortion or the attendance of the birth.".

AB175-AA2,9,4 17. Page 17, line 19: delete lines 19 to 25.

AB175-AA2,9,5 18. Page 18, line 1: delete lines 1 to 13 and substitute:

AB175-AA2,9,6 " Section 41d. 809.105 (11) (e) of the statutes is amended to read:

AB175-AA2,9,24 809.105 (11) (e) Counsel for the minor, if any, or the member of the clergy who initiated the appeal under this section, if any, shall immediately, upon notification under par. (d) that the supreme court has granted or denied the petition, notify the minor. If the supreme court has granted the petition, counsel for the minor, if any, or the member of the clergy who initiated the appeal under this section, if any, shall hand deliver a certified copy of the order of the supreme court to the person who intends to perform or induce the abortion or to attend the birth. If with reasonable diligence the person who intends to perform or induce the abortion or to attend the birth cannot be located for delivery, then counsel for the minor , if any, or the member of the clergy who initiated the appeal under this section, if any, shall leave a certified copy of the order with the person's agent at the person's principal place of business. If a clinic or medical facility is specified in the petition as the corporation, limited liability company, partnership, or other unincorporated association that employs the person who intends to perform or induce the abortion or to attend the birth, then counsel for the minor, if any, or the member of the clergy who initiated the appeal under this section, if any, shall hand deliver a certified copy of the order to an agent of the corporation, limited liability company, partnership, or other unincorporated association at its principal place of business. There may be no service by mail or publication. The person or agent who receives the certified copy of the order under this paragraph shall place the order in the minor's medical record.".

AB175-AA2,10,3 19. Page 18, line 24: delete that line.

AB175-AA2,10,4 20. Page 19, line 1: delete lines 1 to 7 and substitute:

AB175-AA2,10,5 " Section 42p. 895.037 (title) of the statutes is amended to read:

AB175-AA2,10,7 895.037 (title) Abortions on or for a minor or births by a minor without parental consent or judicial waiver.

AB175-AA2, s. 42r Section 42r. 895.037 (2) (a) of the statutes is amended to read:

AB175-AA2,10,14 895.037 (2) (a) Any person who, in violation of s. 48.375 (4), intentionally performs or induces an abortion on or for a minor whom the person knows or has reason to know is not an emancipated minor and any person who, in violation of s. 48.375 (4), intentionally attends a birth given by a minor whom the person knows or has reason to know is not an emancipated minor may be required to forfeit not more than $10,000.

AB175-AA2, s. 43d Section 43d. 895.037 (3) (a) of the statutes is amended to read:

AB175-AA2,10,23 895.037 (3) (a) A person who intentionally violates s. 48.375 (4) under circumstances in which the person knew or, in the exercise of reasonable care, should have known that the requirements of the subsection have not been complied with is liable to the minor on or for whom the abortion was performed or induced or to the minor who gave birth and to the minor's parent, guardian, and legal custodian for damages arising out of the performance or inducement of the abortion or out of the giving of birth including, but not limited to, damages for personal injury and emotional and psychological distress.".

AB175-AA2,10,24 21. Page 19, line 9: after " induced" insert "or births attended".

AB175-AA2,11,3 22. Page 19, line 10: delete that line and substitute "(2) (b), (fm), and (h) and (4) (a) (intro.) and (b) (intro.), 1., 1m., and 3., 69.186 (1) (j), and 895.037 (title), (2) (a), and (3) (a) of the".

AB175-AA2,11,4 23. Page 19, line 13: after "induced" insert "or births attended".

AB175-AA2,11,5 24. Page 19, line 14: delete lines 14 to 17 and substitute: