LRB-1645/4
TJD:amn&wlj
2015 - 2016 LEGISLATURE
August 7, 2015 - Introduced by Representatives Jacque, Kleefisch, Brandtjen,
Allen, August, Bernier, Born, R. Brooks, Craig, Czaja, Edming, Gannon,
Heaton, Horlacher, Hutton, Jarchow, Katsma, Kerkman, Knudson,
Kooyenga, Kremer, Krug, Kuglitsch, Kulp, T. Larson, Macco, Murphy,
Neylon, A. Ott, J. Ott, Petersen, Quinn, Rohrkaste, Schraa, Skowronski,
Spiros, Steffen, Thiesfeldt, Tittl, Tranel, Vorpagel and Ripp, cosponsored
by Senators Stroebel, Lazich, LeMahieu, Moulton, Nass, Roth, Tiffany,
Gudex, Kapenga and Wanggaard. Referred to Committee on Criminal Justice
and Public Safety.
AB305,1,3 1An Act to renumber and amend 146.345 (1) (a); to amend 146.345 (title); and
2to create 146.345 (1) (ag) and 146.345 (2m) of the statutes; relating to: sale
3and use of fetal body parts and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
Generally, this bill prohibits certain sales and uses of fetal body parts derived
from an unborn child aborted by an induced abortion.
Current law prohibits a person from knowingly and for valuable consideration
acquiring, receiving, or otherwise transferring a human organ. Current federal law
prohibits a person from knowingly acquiring, receiving, or otherwise transferring,
in interstate commerce, any fetal tissue for valuable consideration. This bill
prohibits a person from knowingly and for valuable consideration acquiring,
receiving, or otherwise transferring a fetal body part in this state. A fetal body part
is a cell, tissue, organ, or other part of an unborn child who is aborted by an induced
abortion. The bill also prohibits a person from knowingly providing, receiving, or
using, for experimentation, a fetal body part in this state, regardless of whether the
provision, receipt, or use is for valuable consideration.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB305,1 4Section 1. 146.345 (title) of the statutes is amended to read:
AB305,2,1
1146.345 (title) Sale of human organs prohibited; fetal body parts.
AB305,2 2Section 2. 146.345 (1) (a) of the statutes is renumbered 146.345 (1) (am) and
3amended to read:
AB305,2,74 146.345 (1) (am) "Human organ" means a human kidney, liver, heart, lung,
5pancreas, bone marrow, cornea, eye, bone or skin or any other human organ specified
6by the department by rule. "Human organ" does not mean human whole blood, blood
7plasma, a blood product or a blood derivative or, human semen, or a fetal body part.
AB305,3 8Section 3. 146.345 (1) (ag) of the statutes is created to read:
AB305,2,119 146.345 (1) (ag) "Fetal body part" means a cell, tissue, organ, or other part of
10an unborn child, as defined in s. 939.75 (1), who is aborted by an induced abortion,
11as defined in s. 69.01 (13m).
AB305,4 12Section 4. 146.345 (2m) of the statutes is created to read:
AB305,2,1413 146.345 (2m) (a) No person may knowingly and for valuable consideration
14acquire, receive, or otherwise transfer a fetal body part.
AB305,2,1715 (b) No person may knowingly provide, receive, or use, for experimentation, a
16fetal body part, regardless of whether the provision, receipt, or use is for valuable
17consideration.
AB305,2,1818 (End)
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