AB182,2 5Section 2. 253.103 of the statutes is created to read:
AB182,2,6 6253.103 Selective abortions. (1) Definitions. In this section:
AB182,2,77 (a) “Abortion” has the meaning given in s. 253.10 (2) (a).
AB182,2,108 (b) “Congenital disability” means any congenital disease, defect, or disorder,
9except a life-limiting fetal anomaly, including, but not limited to, any of the
AB182,2,1111 1. A physical disability.
12. A mental or intellectual disability.
AB182,3,22 3. A physical disfigurement.
AB182,3,33 4. Scoliosis.
AB182,3,44 5. Dwarfism.
AB182,3,55 6. Albinism.
AB182,3,76 7. Meromelia, amelia, or other birth defect marked by the absence or partial
7absence of limbs.
AB182,3,88 8. A physical or mental disease.
AB182,3,109 (c) “Down syndrome” means a chromosomal disorder associated with an extra
10chromosome 21 or an effective trisomy for chromosome 21.
AB182,3,1411 (d) “Life-limiting fetal anomaly” means a profound and irremediable
12congenital or chromosomal anomaly that is incompatible with sustaining life after
13birth. “Life-limiting fetal anomaly” does not include any condition that can be
AB182,3,19 15(2) Disability-selective abortion prohibited. No person may perform or
16induce or attempt to perform or induce an abortion upon a woman if the person knows
17that the woman is seeking the abortion solely because the unborn child has been
18diagnosed with or has a potential diagnosis of Down syndrome or another congenital
AB182,3,23 20(3) Selective abortion prohibited. No person may perform or induce or
21attempt to perform or induce an abortion upon a woman if the person knows the
22woman is seeking an abortion solely because of any of the following characteristics
23of the unborn child:
AB182,3,2424 (a) Race.
AB182,3,2525 (b) Color.
1(c) National origin.
AB182,4,22 (d) Ancestry.
AB182,4,33 (e) Sex.
AB182,4,6 4(4) Woman exempt from penalty. No penalty may be assessed against a woman
5upon whom an abortion is performed or induced or attempted to be performed or
6induced in violation of sub. (2) or (3).
AB182,4,9 7(5) Civil remedies; injunction. (a) Any of the following individuals may bring
8a claim for damages, including damages for personal injury and emotional and
9psychological distress, for a violation of sub. (2) or (3):
AB182,4,1110 1. A woman on whom an abortion was performed or induced or attempted to
11be performed or induced.
AB182,4,1312 2. The father of the aborted unborn child or the unborn child that is attempted
13to be aborted, unless the pregnancy is the result of sexual assault or incest.
AB182,4,1714 3. If the woman on whom an abortion was performed or induced or attempted
15to be performed or induced is a minor at the time of the abortion or attempt or dies
16as a result of the abortion or attempt, a parent or guardian of the woman on whom
17an abortion was performed or induced or attempted to be performed or induced.
AB182,4,2018 (b) A person who has been awarded damages under par. (a) shall, in addition
19to any damages awarded under par. (a), be entitled to punitive damages for a
20violation that satisfies a standard under s. 895.043 (3).
AB182,4,2321 (c) Notwithstanding s. 814.04 (1), a person who recovers damages under par.
22(a) or (b) may also recover reasonable attorney fees incurred in connection with the
1(d) 1. A district attorney or the attorney general may institute an action for
2injunctive relief against any person who performs or attempts to perform an abortion
3in violation of sub. (2) or (3).
AB182,5,104 2. A violation of the terms of an injunction issued as a result of an action under
5subd. 1. constitutes contempt of the order. The court, after a finding of contempt,
6shall impose a forfeiture in an amount of $10,000 for the first violation, $50,000 for
7a 2nd violation, and $100,000 for each subsequent violation. The court may grant
8any other relief it determines is just and proper in the circumstances. For purposes
9of this subdivision, each abortion performed that violates the terms of the injunction
10is considered a separate violation.
AB182,5,1111 (e) A contract is not a defense to an action under this subsection.
AB182,5,1312 (f) Nothing in this subsection limits the common law rights of a person that are
13not in conflict with sub. (2) or (3).
AB182,6,2 14(6) Confidentiality in court proceedings. (a) In every proceeding brought
15under this section, the court, upon motion or sua sponte, shall rule whether the
16identity of any woman upon whom an abortion was performed or induced or
17attempted to be performed or induced shall be kept confidential unless the woman
18waives confidentiality. If the court determines that a woman's identity should be
19kept confidential, the court shall issue orders to the parties, witnesses, and counsel
20and shall direct the sealing of the record and exclusion of individuals from
21courtrooms or hearing rooms to the extent necessary to safeguard the woman's
22identity from public disclosure. If the court issues an order to keep a woman's
23identity confidential, the court shall provide written findings explaining why the
24woman's identity should be kept confidential, why the order is essential to that end,

1how the order is narrowly tailored to its purpose, and why no reasonable less
2restrictive alternative exists.
AB182,6,63 (b) Any person, except for a public official, who brings an action under this
4section shall do so under a pseudonym unless the person obtains the written consent
5of the woman upon whom an abortion was performed or induced, or attempted to be
6performed or induced, in violation of sub. (2) or (3).
AB182,6,87 (c) This section may not be construed to allow the identity of a plaintiff or a
8witness to be concealed from the defendant.
AB182,6,11 9(7) Construction. Nothing in this section may be construed as creating or
10recognizing a right to abortion or as making lawful an abortion that is otherwise
AB182,3 12Section 3. 448.02 (3) (a) of the statutes is amended to read:
AB182,7,613 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct
14and negligence in treatment by persons holding a license or certificate granted by the
15board. An allegation that a physician has violated s. 253.10 (3), 253.103, 448.30 or
16450.13 (2) or has failed to mail or present a medical certification required under s.
1769.18 (2) within 21 days after the pronouncement of death of the person who is the
18subject of the required certificate or that a physician has failed at least 6 times within
19a 6-month period to mail or present a medical certificate required under s. 69.18 (2)
20within 6 days after the pronouncement of death of the person who is the subject of
21the required certificate is an allegation of unprofessional conduct. Information
22contained in reports filed with the board under s. 49.45 (2) (a) 12r., 50.36 (3) (b),
23609.17 or 632.715, or under 42 CFR 1001.2005, shall be investigated by the board.
24Information contained in a report filed with the board under s. 655.045 (1), as created
25by 1985 Wisconsin Act 29, which is not a finding of negligence or in a report filed with

1the board under s. 50.36 (3) (c) may, within the discretion of the board, be used as the
2basis of an investigation of a person named in the report. The board may require a
3person holding a license or certificate to undergo and may consider the results of one
4or more physical, mental or professional competency examinations if the board
5believes that the results of any such examinations may be useful to the board in
6conducting its investigation.
AB182,7,77 (End)