2015 - 2016 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 305
September 4, 2015 - Offered by Representatives Jacque and Kleefisch.
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:
146.346 of the statutes is created to read:
4146.346 Fetal body parts.
In this section:
(a) "Fetal body part" means a cell, tissue, organ, or other part of an unborn 6
child, as defined in s. 939.75 (1), who is aborted by an induced abortion, as defined 7
in s. 69.01 (13m), after January 1, 2015.
(b) "Final disposition" means the disposition of fetal body parts by burial, 9
interment, entombment, cremation, or incineration.
10(2) Prohibition; exception.
(a) No person may knowingly acquire, provide, 11
receive, or use a fetal body part, regardless of whether the acquisition, provision, 12
receipt, or use is for valuable consideration.
(b) This section does not apply to use of a fetal body part for diagnostic or 2
remedial tests, procedures, or observations which have the sole purpose of 3
determining the life or health of the unborn child in order to provide that information 4
to the mother or preserving the life or health of the child, unborn child, or the child's 5
6(3) Final disposition.
(a) Notwithstanding sub. (2) (a), a physician who 7
performs or induces an induced abortion, as defined in s. 69.01 (13m), shall arrange 8
for the final disposition of fetal body parts resulting from the induced abortion.
(b) Notwithstanding sub. (2) (a), a person is not guilty of violating this section 10
if the person is acting exclusively in furtherance of final disposition of a fetal body 11
Any person who violates this section is guilty of a Class H felony, 13
except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the 14
person may be fined not more than $50,000.
(1) This act first applies to acquisition, provision, receipt, or use of a fetal body 17
part on the effective date of this subsection.