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2013 - 2014 LEGISLATURE
May 30, 2013 - Introduced by Senators Leibham, Lazich, Grothman, Schultz,
Farrow and Kedzie, cosponsored by Representatives Kestell, Jacque,
Ballweg, Bernier, Born, Brooks, Craig, Endsley, Kaufert, Kleefisch,
Kooyenga, LeMahieu, Marklein, Nass, A. Ott, Pridemore, Thiesfeldt, Tittl,
Sanfelippo, Severson, T. Larson and Ripp. Referred to Committee on Health
and Human Services.
SB201,1,2 1An Act to create 253.103 and 895.039 of the statutes; relating to: civil liability
2for performing a sex-selective abortion, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill creates a prohibition against knowingly performing a sex-selective
abortion. Under the bill, a sex-selective abortion is an abortion performed,
requested, or sought solely because of the sex of the unborn child.
Under the bill, the mother, father, or grandparent of an unborn child that is
aborted in a sex-selective abortion may sue the person who performed the abortion
for compensatory civil damages, including for emotional and psychological harm.
Under the bill, if a court awards compensatory damages, the person who performed
the abortion is also required to pay exemplary damages of $10,000 and the plaintiffs'
attorney fees.
Under the bill, the mother, father, or grandparent of an unborn child that is
aborted in a sex-selective abortion may also seek injunction relief, wherein the court
may enjoin the person who performed the abortion from performing another
sex-selective abortion. If the person violates the terms of the injunction, the bill
requires the court to hold the person in civil contempt of the order and requires the
person to pay a civil penalty of $10,000 for a first violation, $50,000 for a second
violation, and $100,000 for a third and for each subsequent violation.
The bill requires that a civil action seeking redress for a sex-selective abortion
be held privately, and that the names of all of the plaintiffs in the action be kept
confidential, unless the plaintiffs request that the proceedings be held in open court.

For further information see the state 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:
SB201, s. 1 1Section 1. 253.103 of the statutes is created to read:
SB201,2,2 2253.103 Sex-selective abortion prohibited. (1) In this section:
SB201,2,33 (a) "Abortion" has the meaning given in s. 253.10 (2) (a).
SB201,2,54 (b) "Child" means a human being from the time of fertilization until it is
5completely delivered from a pregnant woman.
SB201,2,76 (c) "Sex-selective abortion" means an abortion of a child that is performed,
7requested, or sought solely on account of the sex of the child.
SB201,2,10 8(2) No person may perform an abortion knowing that it is a sex-selective
9abortion. Any person who violates this section may be subject to civil liability and
10civil penalties under s. 895.039.
SB201, s. 2 11Section 2. 895.039 of the statutes is created to read:
SB201,2,12 12895.039 Sex-selective abortions; liability. (1) In this section:
SB201,2,1313 (a) "Child" has the meaning given in s. 253.103 (1) (b).
SB201,2,1414 (b) "Sex-selective abortion" is an abortion performed in violation of s. 253.103.
SB201,2,18 15(2) Either parent or a grandparent of a child aborted by a sex-selective abortion
16has a claim for appropriate relief against the person who performed the sex-selective
17abortion. This subsection applies even if the person or if the mother of the child
18consented to the performance of the sex-selective abortion.
SB201,2,19 19(3) Relief available under sub. (2) may include:
SB201,3,320 (a) Compensatory and exemplary damages. A court may award compensatory
21damages for harm caused by the performance of the sex-selective abortion, including

1damages for personal injury and emotional and psychological distress, and if
2compensatory damages are awarded, shall award exemplary damages of not less
3than $10,000.
SB201,3,124 (b) Injunctive relief. A court may issue an order enjoining a person from
5performing an abortion contrary to s. 253.103. If the person violates the terms of the
6injunction, the court shall adjudge the person in civil contempt of the order and shall
7impose a civil penalty against the person for contempt in an amount of $10,000 for
8a first violation, $50,000 for a 2nd violation, and $100,000 for a 3rd and for each
9subsequent violation and may grant any other relief the court determines is just and
10proper in the circumstances. For the purpose of this paragraph, each time a person
11performs a sex-selective abortion after being enjoined from doing so, he or she
12commits a violation of the terms of the injunction.
SB201,3,1413 (c) Attorney fees. Notwithstanding s. 814.04 (1), the court shall award a
14prevailing plaintiff reasonable attorney fees.
SB201,4,2 15(4) The identity of any person bringing an action under this section shall be
16kept confidential and may not be disclosed, except to the court, the parties, their
17counsel, witnesses, and other persons approved by the court. All papers filed in and
18all records of a court relating to an action under this section shall identify the woman
19on whom the sex-selective abortion that is the subject of the action was performed
20as "Jane Doe" and shall identify the grandparents and the father of the child by
21initials only. All hearings relating to an action under this section shall be held in
22chambers unless all plaintiffs in an action request a hearing in open court. If a public
23hearing is not held, only the parties, their counsel, witnesses, and other persons

1requested by the court, or requested by a party and approved by the court, may be
2present.
SB201,4,33 (End)
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