The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
253.095 of the statutes is created to read:
2253.095 Requirements to perform abortions. (1) Definition.
In this 3
section, "abortion" has the meaning given in s. 253.10 (2) (a).
4(2) Admitting privileges required.
No physician may perform an abortion, as 5
defined in s. 253.10 (2) (a), unless he or she has admitting privileges in a hospital 6
within 30 miles of the location where the abortion is to be performed.
Any person who violates this section shall be required to forfeit 8
not less than $1,000 nor more than $10,000. No penalty may be assessed against the 9
woman upon whom the abortion is performed or induced or attempted to be 10
performed or induced.
11(4) Civil remedies.
(a) Any of the following individuals may bring a claim for 12
damages, including damages for personal injury and emotional and psychological 13
distress, against a person who performs, or attempts to perform, an abortion in 14
violation of this section:
1. A woman on whom an abortion is performed or attempted.
2. The father of the aborted unborn child or the unborn child that is attempted 17
to be aborted.
3. Any grandparent of the aborted unborn child or the child that is attempted 19
to be aborted.
(b) A person who has been awarded damages under par. (a) shall, in addition 21
to any damages awarded under par. (a), be entitled to not less than $1,000 nor more
than $10,000 in punitive damages for a violation that satisfies a standard under s. 2
(c) A conviction under sub. (3) is not a condition precedent to bringing an action, 4
obtaining a judgment, or collecting the judgment under this subsection.
(d) Notwithstanding s. 814.04 (1), a person who recovers damages under par. 6
(a) or (b) may also recover reasonable attorney fees incurred in connection with the 7
(e) A contract is not a defense to an action under this subsection.
(f) Nothing in this subsection limits the common law rights of a person that are 10
not in conflict with sub. (2).
11(5) Confidentiality in court proceedings.
(a) In every proceeding brought 12
under this section, the court, upon motion or sua sponte, shall rule whether the 13
identity of any woman upon whom an abortion was performed or induced or 14
attempted to be performed or induced shall be kept confidential unless the woman 15
waives confidentiality. If the court determines that a woman's identity should be 16
kept confidential, the court shall issue orders to the parties, witnesses, and counsel 17
and shall direct the sealing of the record and exclusion of individuals from 18
courtrooms or hearing rooms to the extent necessary to safeguard the woman's 19
identity from public disclosure. If the court issues an order to keep a woman's 20
identity confidential, the court shall provide written findings explaining why the 21
woman's identity should be kept confidential, why the order is essential to that end, 22
how the order is narrowly tailored to its purpose, and why no reasonable less 23
restrictive alternative exists.
(b) Any person, except for a public official, who brings an action under this 25
section shall do so under a pseudonym unless the person obtains the written consent
of the woman upon whom an abortion was performed or induced, or attempted to be 2
performed or induced, in violation of this section.
(c) This section may not be construed to allow the identity of a plaintiff or a 4
witness to be concealed from the defendant.
253.10 (3) (c) (intro.) of the statutes is amended to read:
(c) Informed consent.
(intro.) Except if a medical emergency exists 7and subject to sub. (3g)
, a woman's consent to an abortion is informed only if all of 8
the following first take place:
253.10 (3) (c) 1. g. of the statutes is repealed.
253.10 (3) (c) 1. gm. of the statutes is created to read:
(c) 1. gm. That the pregnant woman is required to obtain an 12
ultrasound that meets the requirements under sub. (3g), if she has not already had 13
an ultrasound that meets those requirements. The physician, or other qualified 14
physician, shall provide to the pregnant woman a list of providers that perform an 15
ultrasound at no cost to the woman, as described in par. (em) 1.
253.10 (3) (c) 5. of the statutes is amended to read:
(c) 5. The woman certifies in writing on a form that the department 18
shall provide, prior to performance or inducement of the abortion, that the 19
information that is required under subds. 1. and 2. has been provided to her in the 20
manner specified in subd. 3., that the ultrasound required under sub. (3g) has been
21performed or that requirement is waived under sub. (3m) (a),
that she has been 22
offered the information described in par. (d) and that all of her questions, as specified 23
under subd. 4., have been answered in a satisfactory manner. The physician who is 24
to perform or induce the abortion or the qualified person assisting the physician shall 25
write on the certification form the name of the physician who is to perform or induce
the abortion. The woman shall indicate on the certification form who provided the 2
information to her and when it was provided and who performed the ultrasound and
3when it was performed, unless the ultrasound requirement is waived under sub. (3m)
4(a). If the ultrasound required under sub. (3g) was performed at a facility other than
5the facility where the physician who is to perform or induce the abortion is located,
6the woman shall provide to the physician who is to perform or induce the abortion
7the certification form described under sub. (3g) (d)
253.10 (3) (d) 1. of the statutes is amended to read:
(d) 1. Geographically indexed materials that are designed to inform 10
a woman about public and private agencies, including adoption agencies, and 11
services that are available to provide information on family planning, as defined in 12
s. 253.07 (1) (a), including natural family planning information, to provide 13
ultrasound imaging services, to assist her if she has received a diagnosis that her 14
unborn child has a disability or if her pregnancy is the result of sexual assault or 15
incest and to assist her through pregnancy, upon childbirth and while the child is 16
dependent. The materials shall include a comprehensive list of the agencies 17
available, a description of the services that they offer and a description of the manner 18
in which they may be contacted, including telephone numbers and addresses, or, at 19
the option of the department, the materials shall include a toll-free, 24-hour 20
telephone number that may be called to obtain an oral listing of available agencies 21
and services in the locality of the caller and a description of the services that the 22
agencies offer and the manner in which they may be contacted. The materials shall 23
provide information on the availability of governmentally funded programs that 24
serve pregnant women and children. Services identified for the woman shall include 25
medical assistance for pregnant women and children under s. 49.47 (4) (am) and
49.471, the availability of family or medical leave under s. 103.10, the Wisconsin 2
works program under ss. 49.141 to 49.161, child care services, child support laws and 3
programs and the credit for expenses for household and dependent care and services 4
necessary for gainful employment under section 21
of the Internal Revenue Code. 5
The materials shall state that it is unlawful to perform an abortion for which consent 6
has been coerced, that any physician who performs or induces an abortion without 7
obtaining the woman's voluntary and informed consent is liable to her for damages 8
in a civil action and is subject to a civil penalty, that the father of a child is liable for 9
assistance in the support of the child, even in instances in which the father has 10
offered to pay for an abortion, and that adoptive parents may pay the costs of 11
prenatal care, childbirth and neonatal care. The materials shall include 12
information, for a woman whose pregnancy is the result of sexual assault or incest, 13
on legal protections available to the woman and her child if she wishes to oppose 14
establishment of paternity or to terminate the father's parental rights. The
15materials shall state that fetal ultrasound imaging and auscultation of fetal heart
16tone services are obtainable by pregnant women who wish to use them and shall
17describe the services.
The materials shall include information on services in the 18
state that are available for victims or individuals at risk of domestic abuse.
253.10 (3) (em) of the statutes is created to read:
(em) Ultrasound materials and form.
1. The department shall 21
compile a list of facilities, including the names, addresses, and phone numbers, that 22
provide ultrasounds at no cost. The department shall make this list available to the 23
public and shall provide the list to every facility that performs or induces an abortion.
2. The department shall provide to every facility that performs ultrasounds at 25
no cost a list of the requirements under sub. (3g).
3. Any facility that intends to perform ultrasounds on pregnant women who are 2
seeking to have abortions performed or induced shall create a form on which a 3
physician at that facility certifies that the requirements under sub. (3g) are satisfied 4
and provides a date the requirements under sub. (3g) are satisfied.
253.10 (3g) of the statutes is created to read:
253.10 (3g) Performance of ultrasound.
(a) Except as provided under sub. 7
(3m) and except in a medical emergency and before a person may perform or induce 8
an abortion on a pregnant woman, the physician who is to perform or induce the 9
abortion, or any physician requested by the pregnant woman, shall do all of the 10
1. Perform, or arrange for a person who is qualified to perform an ultrasound 12
to perform, an obstetric ultrasound on the pregnant woman using whichever 13
transducer the woman chooses after the options have been explained to her.
2. Provide a simultaneous oral explanation to the pregnant woman during the 15
ultrasound of what the ultrasound is depicting, including the presence and location 16
of the unborn child within the uterus, the number of unborn children, and the 17
occurrence of the death of an unborn child, if such a death has occurred.
3. Display the ultrasound images so that the pregnant woman may view them.
4. Provide to the pregnant woman a medical description of the ultrasound 20
images, including the dimensions of the unborn child and a description of any 21
external features and internal organs that are present and viewable on the image.
5. Provide a means for the pregnant woman to visualize any fetal heartbeat, 23
in a quality consistent with current medical practice, and provide to the pregnant 24
woman, in a manner understandable to a layperson, a simultaneous oral explanation 25
of the visual display of any heartbeat.
(b) No person may require a pregnant woman to view the ultrasound images 2
that are required to be displayed for and reviewed with her or to visualize to any fetal 3
heartbeat. No person, including the pregnant woman, may be subject to any penalty 4
if the pregnant woman declines to view the displayed ultrasound images or to 5
visualize any fetal heartbeat.
(c) The requirement under par. (a) does not apply if, the physician, in a writing 7
that is placed in the woman's medical record, certifies that the pregnant woman is 8
undergoing a medical emergency and certifies the medical condition that constitutes 9
the medical emergency.
(d) A physician other than a physician at the facility where the abortion is to 11
be performed or induced may do the activities necessary to satisfy the requirements 12
of this subsection. A physician at a location other than the facility where the abortion 13
is to be performed or induced who does the activities under par. (a) shall certify on 14
a form described under sub. (3) (em) 3. that the requirements of this subsection are 15
satisfied and shall provide the date on which the requirements are satisfied.
253.10 (3m) (a) (intro.) of the statutes is amended to read:
(a) (intro.) A woman seeking an abortion may waive the 24-hour 18
period required under sub. (3) (c) 1. (intro.) and L. and 2. (intro.)
and may waive all
19of the requirements under sub. (3g)
if all of the following are first done:
253.10 (5) of the statutes is amended to read:
253.10 (5) Penalty.
Any person who violates sub. (3), (3g) (a),
or (3m) (a) 2. or 22
(b) 2. shall be required to forfeit not less than $1,000 nor more than $10,000. No 23
penalty may be assessed against the woman upon whom the abortion is performed 24
or induced or attempted to be performed or induced.
253.10 (6) (am) of the statutes is created to read:
(am) Any of the following individuals may bring a claim for damages, 2
including damages for personal injury and emotional and psychological distress, 3
against a person who attempts to perform or performs an abortion in violation of sub. 4
1. A woman on whom an abortion is performed or attempted.
2. The father of the aborted unborn child or the unborn child that is attempted 7
to be aborted.
3. Any grandparent of the aborted unborn child or the unborn child that is 9
attempted to be aborted.
253.10 (6) (b) of the statutes is amended to read:
(b) A person who has been awarded damages under par. (a) or (am) 12
shall, in addition to any damages awarded under par. (a) or (am)
, be entitled to not 13
less than $1,000 nor more than $10,000 in punitive damages for a violation that 14
satisfies a standard under s. 895.043 (3).
253.10 (6) (dm) of the statutes is created to read:
(dm) A district attorney or the attorney general may institute an 17
action for injunctive relief against any person who performs or attempts to perform 18
an abortion in violation of sub. (3g).