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2001 - 2002 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2001 ASSEMBLY BILL 360
May 31, 2001 - Offered by Representative Kedzie.
AB360-ASA1,1,2 1An Act to create 895.68 of the statutes; relating to: immunity in cases involving
2wrongful birth and wrongful life.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB360-ASA1, s. 1 3Section 1. 895.68 of the statutes is created to read:
AB360-ASA1,1,5 4895.68 Liability exemption; wrongful birth and wrongful life. (1) In
5this section:
AB360-ASA1,1,66 (a) "Abortion" has the meaning given is s. 253.10 (2) (a).
AB360-ASA1,1,77 (b) "Birth defect" has the meaning given in s. 253.12 (1) (a).
AB360-ASA1,1,88 (c) "Developmental disability" has the meaning given in s. 51.01 (5) (a).
AB360-ASA1,1,99 (d) "Physical disability" has the meaning given in s. 15.197 (4) (a) 2.
AB360-ASA1,2,210 (e) "Wrongful birth action" means a cause of action that is brought by a parent,
11legal custodian, or legal guardian and that seeks damages for the costs of raising a

1child who has any birth defect or any physical disability or developmental disability
2that existed at the time of the child's birth.
AB360-ASA1,2,63 (f) "Wrongful life action" means a cause of action that is brought by or on behalf
4of a child and that seeks the child's economic or noneconomic damages resulting from
5any birth defect or any physical disability or developmental disability that existed
6at the time of the child's birth.
AB360-ASA1,2,10 7(2) In a wrongful birth action or a wrongful life action, a person is immune from
8civil liability for damages resulting from any birth defect or any physical disability
9or developmental disability that existed at the time of the child's birth if the person's
10act or omission contributed to a woman's decision not to undergo an abortion.
AB360-ASA1, s. 2 11Section 2. Initial applicability.
AB360-ASA1,2,1312 (1) This act first applies to acts or omissions occurring on the effective date of
13this subsection.
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