2015 - 2016 LEGISLATURE
September 4, 2015 - Offered by Representatives Jacque and Kleefisch.
AB305-ASA1,1,2 1An Act to create 146.346 of the statutes; relating to: sale and use of fetal body
2parts and providing a criminal penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB305-ASA1,1 3Section 1. 146.346 of the statutes is created to read:
AB305-ASA1,1,4 4146.346 Fetal body parts. (1) Definitions. In this section:
AB305-ASA1,1,75 (a) "Fetal body part" means a cell, tissue, organ, or other part of an unborn
6child, as defined in s. 939.75 (1), who is aborted by an induced abortion, as defined
7in s. 69.01 (13m), after January 1, 2015.
AB305-ASA1,1,98 (b) "Final disposition" means the disposition of fetal body parts by burial,
9interment, entombment, cremation, or incineration.
AB305-ASA1,1,12 10(2) Prohibition; exception. (a) No person may knowingly acquire, provide,
11receive, or use a fetal body part, regardless of whether the acquisition, provision,
12receipt, or use is for valuable consideration.
1(b) This section does not apply to use of a fetal body part for diagnostic or
2remedial tests, procedures, or observations which have the sole purpose of
3determining the life or health of the unborn child in order to provide that information
4to the mother or preserving the life or health of the child, unborn child, or the child's
AB305-ASA1,2,8 6(3) Final disposition. (a) Notwithstanding sub. (2) (a), a physician who
7performs or induces an induced abortion, as defined in s. 69.01 (13m), shall arrange
8for the final disposition of fetal body parts resulting from the induced abortion.
AB305-ASA1,2,119 (b) Notwithstanding sub. (2) (a), a person is not guilty of violating this section
10if the person is acting exclusively in furtherance of final disposition of a fetal body
AB305-ASA1,2,14 12(4) Penalty. Any person who violates this section is guilty of a Class H felony,
13except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the
14person may be fined not more than $50,000.
AB305-ASA1,2 15Section 2. Initial applicability.
AB305-ASA1,2,1716 (1) This act first applies to acquisition, provision, receipt, or use of a fetal body
17part on the effective date of this subsection.