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LRB-1700/1
MED:eev:rs
2013 - 2014 LEGISLATURE
June 20, 2013 - Introduced by Representatives Bies, Ballweg, Brooks, Kleefisch,
T. Larson, Nass, A. Ott and Spiros, cosponsored by Senator Grothman.
Referred to Committee on Criminal Justice.
AB252,1,4 1An Act to renumber 157.04; to repeal and recreate subchapter I (title) of
2chapter 157 [precedes 157.01] and 157.04 (title); and to create 157.04 (2) and
3157.053 of the statutes; relating to: disposition of fetal remains and providing
4a penalty.
Analysis by the Legislative Reference Bureau
Current law contains restrictions on the final disposition of corpses and
stillbirths, but does not explicitly require any particular form of final disposition of
corpses or stillbirths. Current law does not contain any specific provisions with
respect to the disposal or final disposition of fetal remains other than stillbirths.
This bill requires a physician who performs or induces an abortion to arrange
for the final disposition of the fetal remains resulting from the abortion. The bill
defines abortion as the use of an instrument, medicine, drug, or other substance or
device with intent to terminate the pregnancy of a woman known to be pregnant or
for whom there is reason to believe that she may be pregnant and with intent other
than to increase the probability of a live birth, to preserve the life or health of the
infant after live birth, or to remove a dead fetus. The bill expressly provides that a
physician is not required to discuss the final disposition of the fetal remains with the
mother before performing or inducing an abortion, and is not required to obtain
authorization from the mother for the final disposition of the fetal remains upon
completion of the abortion.

The bill otherwise requires the funeral director or other person assuming
responsibility for any fetal remains that are not the result of an abortion to arrange
for the final disposition of those fetal remains.
For purposes of the bill, fetal remains are defined as the remains of a fetus that
had completed at least 10 weeks of gestation or had reached the stage of development
that, upon visual inspection of the fetus or part of the fetus, the head, torso, or
extremities appear to be supported by skeletal or cartilaginous structures. Under
the bill, final disposition for fetal remains resulting from an abortion may be by
burial, interment, entombment, cremation, incineration, or delivery to a medical or
dental school anatomy department as an anatomical gift.
A person who violates any of the provisions created in the bill may be required
to forfeit up to $1,000 for each violation.
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:
AB252,1 1Section 1. Subchapter I (title) of chapter 157 [precedes 157.01] of the statutes
2is repealed and recreated to read:
AB252,2,33 CHAPTER 157
AB252,2,44 SUBCHAPTER I
AB252,2,55 HUMAN REMAINS
AB252,2 6Section 2. 157.04 (title) of the statutes is repealed and recreated to read:
AB252,2,7 7157.04 (title) Penalties.
AB252,3 8Section 3. 157.04 of the statutes is renumbered 157.04 (1).
AB252,4 9Section 4. 157.04 (2) of the statutes is created to read:
AB252,2,1110 157.04 (2) Any person who violates s. 157.053 (2) or (3) may be required to
11forfeit up to $1,000 for each violation.
AB252,5 12Section 5. 157.053 of the statutes is created to read:
AB252,2,13 13157.053 Final disposition of fetal remains. (1) In this section:
AB252,2,1414 (a) "Abortion" has the meaning given in s. 253.10 (2) (a).
AB252,3,5
1(b) "Fetal remains" means a dead fetus or part of a dead fetus that had
2completed at least 10 weeks of gestation or had reached the stage of development
3that, upon visual inspection of the fetus or part of the fetus, the head, torso, or
4extremities appear to be supported by skeletal or cartilaginous structures. "Fetal
5remains" does not include the umbilical cord or placenta.
AB252,3,96 (c) "Final disposition" means the disposition of human remains by burial,
7interment, entombment, cremation, incineration, or delivery to a medical or dental
8school anatomy department under s. 157.06. "Final disposition" does not include
9disposition of the ashes produced by cremation or incineration of fetal remains.
AB252,3,12 10(2) Subject to s. 69.18 (3) (e) and except as otherwise provided in sub. (3) (a),
11the funeral director or other person assuming responsibility for any fetal remains
12shall arrange for the final disposition of the fetal remains.
AB252,3,14 13(3) (a) A physician who performs or induces an abortion shall arrange for the
14final disposition of the fetal remains resulting from the abortion.
AB252,3,1815 (b) This subsection does not require a physician to discuss the final disposition
16of the fetal remains with the mother before performing or inducing an abortion and
17does not require a physician to obtain authorization from the mother for the final
18disposition of the fetal remains upon completion of the abortion.
AB252,3,1919 (End)
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