Amendment AA2-AB175

AB175-AA2, s. 10r Section 10r. 48.375 (4) (a) (intro.) of the statutes is amended to read:

AB175-AA2,5,4 48.375 (4) (a) (intro.) Except as provided in this section, no person may perform or induce an abortion on or for a minor who is not an emancipated minor or attend the giving of birth by a minor who is not an emancipated minor unless the person is a physician and one of the following applies:".

AB175-AA2,5,5 6. Page 8, line 12: after that line insert:

AB175-AA2,5,6 " Section 14m. 48.375 (4) (b) (intro.) of the statutes is amended to read:

AB175-AA2,5,9 48.375 (4) (b) (intro.) Paragraph (a) does not apply if the person who intends to perform or induce the abortion or who intends to attend the birth is a physician and any of the following occurs:".

AB175-AA2,5,10 7. Page 9, line 7: delete lines 7 to 11 and substitute:

AB175-AA2,5,11 " Section 17m. 48.375 (5) of the statutes is amended to read:

AB175-AA2,5,15 48.375 (5) Counseling. Any minor who is pregnant and who is seeking an abortion or to give birth and any minor who has had an abortion or who has given birth may receive counseling from a counselor of her choice. A county department may refer the minor to a private counselor.

AB175-AA2, s. 18d Section 18d. 48.375 (6) of the statutes is amended to read:

AB175-AA2,5,21 48.375 (6) Right to petition court for waiver. Any pregnant minor who is seeking an abortion in this state, and any member of the clergy on the minor's behalf, or who is seeking to give birth in this state may file a petition specified under s. 48.257 with any court for a waiver of the parental consent requirement under sub. (4) (a) 1.".

AB175-AA2,5,22 8. Page 10, line 2: after that line insert:

AB175-AA2,5,23 " Section 21m. 48.375 (7) (b) 2. of the statutes is amended to read:

AB175-AA2,6,3 48.375 (7) (b) 2. The understanding of the minor about the nature of, possible consequences of, and alternatives to the intended abortion procedure or the intended giving of birth.".

AB175-AA2,6,4 9. Page 10, line 6: after that line insert:

AB175-AA2,6,5 " Section 23m. 48.375 (7) (c) 1. of the statutes is amended to read:

AB175-AA2,6,7 48.375 (7) (c) 1. That the minor is mature and well-informed enough to make the abortion decision or the decision to give birth on her own.

AB175-AA2, s. 23p Section 23p. 48.375 (7) (c) 2. of the statutes is amended to read:

AB175-AA2,6,10 48.375 (7) (c) 2. That the performance or inducement of the abortion or the giving of birth is in the minor's best interests.".

AB175-AA2,6,11 10. Page 11, line 17: delete lines 17 to 25.

AB175-AA2,6,12 11. Page 12, line 1: delete lines 1 to 11 and substitute:

AB175-AA2,6,13 " Section 26d. 48.375 (7) (d) of the statutes is amended to read:

AB175-AA2,7,9 48.375 (7) (d) 2. Counsel for the minor, or the member of the clergy who filed the petition on behalf of the minor, if any, shall immediately, upon notification under subd. 1. or 1m. that the court has granted or denied the petition, notify the minor. If the court has granted the petition, counsel for the minor, or the member of the clergy who filed the petition on behalf of the minor, if any, shall hand deliver a certified copy of the court order to the person who intends to perform or induce the abortion or to attend the birth. If with reasonable diligence the person who intends to perform or induce the abortion or to attend the birth cannot be located for delivery, then counsel for the minor, or the member of the clergy who filed the petition on behalf of the minor, if any, shall leave a certified copy of the order with the person's agent at the person's principal place of business. If a clinic or medical facility is specified in the petition as the corporation, limited liability company, partnership, or other unincorporated association that employs the person who intends to perform or induce the abortion or to attend the birth, then counsel for the minor, or the member of the clergy who filed the petition on behalf of the minor, if any, shall hand deliver a certified copy of the order to an agent of the corporation, limited liability company, partnership, or other unincorporated association at its principal place of business. There may be no service by mail or publication. The person or agent who receives the certified copy of the order under this subdivision shall place the copy in the minor's medical record.".

AB175-AA2,7,10 12. Page 13, line 2: after that line insert:

AB175-AA2,7,11 " Section 28r. 809.105 (title) of the statutes is amended to read:

AB175-AA2,7,13 809.105 (title) Appeals in proceedings related to parental consent prior to performance of abortion or giving birth.".

AB175-AA2,7,14 13. Page 13, line 20: after that line insert:

AB175-AA2,7,15 " Section 31m. 809.105 (4) (j) of the statutes is amended to read:

AB175-AA2,7,21 809.105 (4) (j) If the trial court appointed a guardian ad litem under s. 48.235 (1) (d), a letter written to the court of appeals by the guardian ad litem indicating his or her position on whether or not the minor is mature and well-informed enough to make the abortion decision or the decision to give birth on her own and whether or not the performance or inducement of an abortion or the giving of birth is in the minor's best interests.".

AB175-AA2,7,22 14. Page 15, line 16: delete lines 16 to 25.

AB175-AA2,7,23 15. Page 16, line 1: delete lines 1 to 9 and substitute:

AB175-AA2,8,20 "(b) Counsel for the minor, if any, or the member of the clergy who initiated the appeal under this section, if any, shall immediately, upon notification under par. (a) that the court of appeals has granted or denied the petition, notify the minor. If the court of appeals has granted the petition, counsel for the minor, if any, or the member of the clergy who initiated the appeal under this section, if any, shall hand deliver a certified copy of the order of the court of appeals to the person who intends to perform or induce the abortion or to attend the birth. If with reasonable diligence the person who intends to perform or induce the abortion or to attend the birth cannot be located for delivery, then counsel for the minor, if any, or the member of the clergy who initiated the appeal under this section, if any, shall leave a certified copy of the order with the person's agent at the person's principal place of business. If a clinic or medical facility is specified in the petition as the corporation, limited liability company, partnership, or other unincorporated association that employs the person who intends to perform or induce the abortion or to attend the birth, then counsel for the minor, if any, or the member of the clergy who initiated the appeal under this section, if any, shall hand deliver a certified copy of the order to an agent of the corporation, limited liability company, partnership , or other unincorporated association at its principal place of business. There may be no service by mail or publication. The person or agent who receives the certified copy of the order under this paragraph shall place the copy in the minor's medical record.".

AB175-AA2,8,21 16. Page 16, line 21: after that line insert:

AB175-AA2,8,22 " Section 38r. 809.105 (11) (c) of the statutes is amended to read:

AB175-AA2,9,3 809.105 (11) (c) The supreme court shall, by court rule, provide for expedited appellate review of cases appealed under this subsection because time may be of the essence regarding the performance of the abortion or the attendance of the birth.".

AB175-AA2,9,4 17. Page 17, line 19: delete lines 19 to 25.

AB175-AA2,9,5 18. Page 18, line 1: delete lines 1 to 13 and substitute:

AB175-AA2,9,6 " Section 41d. 809.105 (11) (e) of the statutes is amended to read:

AB175-AA2,9,24 809.105 (11) (e) Counsel for the minor, if any, or the member of the clergy who initiated the appeal under this section, if any, shall immediately, upon notification under par. (d) that the supreme court has granted or denied the petition, notify the minor. If the supreme court has granted the petition, counsel for the minor, if any, or the member of the clergy who initiated the appeal under this section, if any, shall hand deliver a certified copy of the order of the supreme court to the person who intends to perform or induce the abortion or to attend the birth. If with reasonable diligence the person who intends to perform or induce the abortion or to attend the birth cannot be located for delivery, then counsel for the minor , if any, or the member of the clergy who initiated the appeal under this section, if any, shall leave a certified copy of the order with the person's agent at the person's principal place of business. If a clinic or medical facility is specified in the petition as the corporation, limited liability company, partnership, or other unincorporated association that employs the person who intends to perform or induce the abortion or to attend the birth, then counsel for the minor, if any, or the member of the clergy who initiated the appeal under this section, if any, shall hand deliver a certified copy of the order to an agent of the corporation, limited liability company, partnership, or other unincorporated association at its principal place of business. There may be no service by mail or publication. The person or agent who receives the certified copy of the order under this paragraph shall place the order in the minor's medical record.".

AB175-AA2,10,3 19. Page 18, line 24: delete that line.

AB175-AA2,10,4 20. Page 19, line 1: delete lines 1 to 7 and substitute:

AB175-AA2,10,5 " Section 42p. 895.037 (title) of the statutes is amended to read:

AB175-AA2,10,7 895.037 (title) Abortions on or for a minor or births by a minor without parental consent or judicial waiver.

AB175-AA2, s. 42r Section 42r. 895.037 (2) (a) of the statutes is amended to read:

AB175-AA2,10,14 895.037 (2) (a) Any person who, in violation of s. 48.375 (4), intentionally performs or induces an abortion on or for a minor whom the person knows or has reason to know is not an emancipated minor and any person who, in violation of s. 48.375 (4), intentionally attends a birth given by a minor whom the person knows or has reason to know is not an emancipated minor may be required to forfeit not more than $10,000.

AB175-AA2, s. 43d Section 43d. 895.037 (3) (a) of the statutes is amended to read:

AB175-AA2,10,23 895.037 (3) (a) A person who intentionally violates s. 48.375 (4) under circumstances in which the person knew or, in the exercise of reasonable care, should have known that the requirements of the subsection have not been complied with is liable to the minor on or for whom the abortion was performed or induced or to the minor who gave birth and to the minor's parent, guardian, and legal custodian for damages arising out of the performance or inducement of the abortion or out of the giving of birth including, but not limited to, damages for personal injury and emotional and psychological distress.".

AB175-AA2,10,24 21. Page 19, line 9: after " induced" insert "or births attended".

AB175-AA2,11,3 22. Page 19, line 10: delete that line and substitute "(2) (b), (fm), and (h) and (4) (a) (intro.) and (b) (intro.), 1., 1m., and 3., 69.186 (1) (j), and 895.037 (title), (2) (a), and (3) (a) of the".

AB175-AA2,11,4 23. Page 19, line 13: after "induced" insert "or births attended".

AB175-AA2,11,5 24. Page 19, line 14: delete lines 14 to 17 and substitute:

AB175-AA2,11,11 "(2m) Waiver petitions filed. The treatment of sections 48.16 (title), 48.23 (1m) (cm), 48.235 (1) (d), 48.257 (title), (1) (b), (c), (e), (f), and (h), and (4), 48.27 (9), 48.273 (4) (b), 48.373 (2) and (3), 48.375 (title), (1) (a) 5. and 6., (2) (c), (em), and (h), (6), and (7) (a) (intro.) and 4., (b) (intro.), 2., and 2m., (bm), (c) 1. and 2., (d) 1., 1m., and 2., and (f), and 809.105 (title), (2), (3) (a) and (d), (4) (j), (5), (8), (8m), (9), (10) (a) and (b), (11) (a) (intro.) and 3., (c), (cm), (d), and (e), and".

AB175-AA2,11,12 (End)