SB1011: Bill Text

LRB-5607/1

SWB/JPC/CMH:cdc

2023 - 2024 LEGISLATURE

2023 Senate BILL 1011

February 8, 2024 - Introduced by Senators Felzkowski, Knodl, Testin, James and Stroebel, cosponsored by Representatives Nedweski, Rozar, Binsfeld, Dittrich, Duchow, Hurd, Armstrong, August, Born, Brooks, Callahan, Dallman, Donovan, Green, S. Johnson, Kitchens, Kurtz, Krug, Macco, Michalski, Moses, Mursau, Neylon, Novak, Oldenburg, Plumer, Schmidt, Snyder, Sortwell, Spiros, Summerfield, Swearingen, Vos, Wittke and Zimmerman. Referred to Committee on Licensing, Constitution and Federalism.

SB1011,1,4 An Act to amend 69.186 (1) (k), 69.186 (1) (L), 253.107 (title) and 253.107 (3) (a) and (b); and to repeal and recreate 253.107 (3) (title) of the statutes; relating to: abortion if the probable postfertilization age of an unborn child is 14 or more weeks and requiring a referendum.

Analysis by the Legislative Reference Bureau

Current law regulates the performance of abortions in a number of ways, including prohibiting the performance or inducement of an abortion, or an attempt to perform or induce an abortion, if the postfertilization age of the unborn child is 20 or more weeks, except in the case of a medical emergency. Current law defines the postfertilization age of the unborn child to mean the number of weeks that have elapsed from the probable time of fertilization of a woman's ovum. This bill retains that definition and amends the 20-week prohibition to prohibit any person from performing, inducing, or attempting to perform or induce an abortion if the probable postfertilization age of the unborn child is 14 or more weeks, except in the case of a medical emergency.

Under the bill, as under current law, a medical emergency means a condition, in a physician's reasonable medical judgment, that so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a 24-hour delay in performance or inducement of an abortion will create serious risk of substantial and irreversible impairment of one or more of the woman's major bodily functions.

This bill requires a referendum before giving effect to the prohibition created in the bill. Under the bill, at the April 2024 election, the electors would vote on the question whether the statutory provisions treated in the bill shall take effect “thus prohibiting under Wisconsin Statutes an abortion if the probable postfertilization age of the unborn child is 14 or more weeks, except in the case of a medical emergency?”. If a majority of votes cast in the election approves the question, the prohibition takes effect on the day after the election results are certified. If the question is not approved by a majority of votes cast, this act does not take effect.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB1011,1 Section 1. 69.186 (1) (k) of the statutes is amended to read:

SB1011,2,5 69.186 (1) (k) If the probable postfertilization age of the unborn child, as defined in s. 253.107 (1) (c), is considered to be capable of experiencing pain under s. 253.107 (3) (a) 14 or more weeks, the nature of the medical emergency, as defined in s. 253.10 (2) (d), that the pregnant woman had.

SB1011,2 Section 2. 69.186 (1) (L) of the statutes is amended to read:

SB1011,2,15 69.186 (1) (L) If the probable postfertilization age of the unborn child, as defined in s. 253.107 (1) (c), is considered to be capable of experiencing pain under s. 253.107 (3) (a) 14 or more weeks, a statement whether the method of abortion used was one that, in reasonable medical judgment, provided the best opportunity for the unborn child to survive or, if such a method was not used, the basis of the determination that termination of the pregnancy in that manner posed a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the woman than other available methods.

SB1011,3 Section 3. 253.107 (title) of the statutes is amended to read:

SB1011,3,2 253.107 (title) Probable postfertilization age; later-term abortions at 14 or more weeks.

SB1011,4 Section 4. 253.107 (3) (title) of the statutes is repealed and recreated to read:

SB1011,3,4 253.107 (3) (title) Abortions at 14 or more weeks.

SB1011,5 Section 5. 253.107 (3) (a) and (b) of the statutes are amended to read:

SB1011,3,11 253.107 (3) (a) No person shall perform or induce or attempt to perform or induce an abortion upon a woman when the probable postfertilization age of the unborn child is considered capable of experiencing pain 14 or more weeks unless the woman is undergoing a medical emergency. For purposes of this subsection, an unborn child is considered to be capable of experiencing pain if the probable postfertilization age of the unborn child is 20 or more weeks.

SB1011,3,19 (b) When the probable postfertilization age of the unborn child is considered capable of experiencing pain 14 or more weeks and the pregnant woman is undergoing a medical emergency, the physician shall terminate the pregnancy in the manner that, in reasonable medical judgment, provides the best opportunity for the unborn child to survive, unless the termination of the pregnancy in that manner poses a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the woman than other available methods.

SB1011,6 Section 6 . Nonstatutory provisions.

SB1011,3,25 (1) There shall be submitted to the vote of the electors at the April 2024 election the following question: “Shall the statutory provisions treated in 2023 Wisconsin Act .... (this act) take effect, thus prohibiting under Wisconsin Statutes an abortion if the probable postfertilization age of the unborn child is 14 or more weeks, except in the case of a medical emergency?”.

SB1011,4,4 (2) The requirement under s. 8.37 that the referendum question shall be filed with the official or agency preparing the ballot for the election no later than 70 days before the election shall not apply to the referendum question that is to be submitted to the voters under sub. (1).

SB1011,4,8 (3) If the question under sub. (1) is approved by a majority of all votes cast on the question at the April 2024 election, the treatment of ss. 69.186 (1) (k) and (L) and 253.107 (title) and (3) (title), (a), and (b) by this act shall take effect. Otherwise, the treatment of those statutory provisions by this act shall not take effect.

SB1011,7 Section 7. Effective dates. This act takes effect on the day after the election results regarding the question under Section (6) (1 ) of this act are certified as provided under s. 7.70 if the condition set forth in Section 6 (3) of this act is satisfied, except as follows:

SB1011,4,13 (1) Section 6 of this act takes effect on the day after publication.

SB1011,4,14 (End)