AB175, s. 7 24Section 7. 48.375 (2) (b) of the statutes is repealed.
AB175, s. 8 25Section 8. 48.375 (2) (c) of the statutes is amended to read:
AB175,6,8
148.375 (2) (c) "Counselor" means a physician , including a physician
2specializing in psychiatry, a licensed psychologist, as defined in s. 455.01 (4), or an
3ordained member of the clergy, as defined in s. 765.002 (1). "Counselor" does not
4include any person who is employed by or otherwise affiliated with a reproductive
5health care facility, a family planning clinic, or a family planning agency; any person
6affiliated with the performance of abortions, except abortions performed to save the
7life of the mother; or any person who may profit from giving advice to seek an
8abortion.
AB175, s. 9 9Section 9. 48.375 (2) (em) of the statutes is repealed.
AB175, s. 10 10Section 10. 48.375 (2) (fm) of the statutes is created to read:
AB175,6,1411 48.375 (2) (fm) "Parent who has legal custody of the minor" means a parent who
12has the right and responsibility to make major decisions concerning the minor,
13whether that right and responsibility are derived from common law, statute, or court
14order.
AB175, s. 11 15Section 11. 48.375 (4) (a) 1. of the statutes is renumbered 48.375 (4) (a) 1.
16(intro.) and amended to read:
AB175,7,417 48.375 (4) (a) 1. (intro.) The person or the person's agent has, either directly
18or through a referring physician or his or her agent, received and made part of the
19minor's medical record, under the requirements of s. 253.10, the voluntary and
20informed written consent of the minor and the voluntary and informed written
21consent of one of her the minor's parents; who has legal custody of the minor or of the
22minor's guardian or legal custodian, if one has been appointed; or of an adult family
23member of the minor; or of one of the minor's foster parents or treatment foster
24parents, if the minor has been placed in a foster home or treatment foster home and
25the minor's parent has signed a waiver granting the department, a county

1department, the foster parent or the treatment foster parent the authority to consent
2to medical services or treatment on behalf of the minor.
. All of the following shall
3govern the provision of consent under this subdivision by the parent, guardian, or
4legal custodian of a minor:
AB175, s. 12 5Section 12. 48.375 (4) (a) 1. a. of the statutes is created to read:
AB175,7,206 48.375 (4) (a) 1. a. The parent, guardian, or legal custodian shall sign and
7acknowledge the consent document before a notary public, who shall determine,
8either from personal knowledge or from satisfactory evidence consisting of one or
9more forms of identification, that the person appearing before the notary public and
10making the acknowledgment is the person whose signature is on the consent
11document. The parent, guardian, or legal custodian shall also verify upon oath or
12affirmation before the notary public that he or she is the parent, guardian, or legal
13custodian of the minor, and the notary public shall determine, either from personal
14knowledge or from satisfactory evidence consisting of one or more forms of
15identification, that the person appearing before the notary public and making the
16verification is the person whose true signature is on the statement verified. The
17person signing the consent document and verification upon oath or affirmation shall
18provide the consent document and verification to the person who intends to perform
19or induce the abortion or the person's agent, who shall place the consent document
20and verification in the minor's medical record.
AB175, s. 13 21Section 13. 48.375 (4) (a) 1. b. of the statutes is created to read:
AB175,8,622 48.375 (4) (a) 1. b. For purposes of subd. 1. a., a form of identification constitutes
23satisfactory evidence of a person's identity if it contains the name, address,
24signature, and photograph of the person identified and if it has been issued by a
25federal, state, local, or foreign governmental agency. Forms of identification that

1constitute satisfactory evidence of a person's identity, when they contain the name,
2address, signature, and photograph of the person identified, include a valid
3operator's license issued under ch. 343 or under the laws of any other state, an
4identification card issued under s. 343.50, a military identification card, a valid
5passport, an alien registration card, or any other identification document issued by
6a federal, state, local, or foreign governmental agency.
AB175, s. 14 7Section 14. 48.375 (4) (a) 1. c. of the statutes is created to read:
AB175,8,128 48.375 (4) (a) 1. c. A notary public who takes an acknowledgement and a
9verification upon oath or affirmation under subd. 1. a. shall keep confidential any
10information acquired in taking the acknowledgement and verification. Any person
11who under oath or affirmation makes a statement under subd. 1. a. that the person
12does not believe is true is subject to prosecution for a violation of s. 946.32.
AB175, s. 15 13Section 15. 48.375 (4) (b) 1. of the statutes is amended to read:
AB175,8,1714 48.375 (4) (b) 1. The person who intends to perform or induce the abortion
15believes, to the best of his or her medical judgment based on the facts of the case
16before him or her, that a
A medical emergency , as defined in s. 253.10 (2) (d), exists
17that complicates the pregnancy so as to require an immediate abortion.
AB175, s. 16 18Section 16. 48.375 (4) (b) 1m. of the statutes is repealed.
AB175, s. 17 19Section 17. 48.375 (4) (b) 3. of the statutes is amended to read:
AB175,9,620 48.375 (4) (b) 3. The minor provides the person who intends to perform or
21induce the abortion with a written statement, signed and dated by the minor, that
22a parent who has legal custody of the minor, or the minor's guardian or legal
23custodian, if one has been appointed, or an adult family member of the minor, or a
24foster parent or treatment foster parent, if the minor has been placed in a foster home
25or treatment foster home and the minor's parent has signed a waiver granting the

1department, a county department, the foster parent or the treatment foster parent
2the authority to consent to medical services or treatment on behalf of the minor,
has
3inflicted abuse on the minor. The person who intends to perform or induce the
4abortion shall place the statement in the minor's medical record. The person who
5intends to perform or induce the abortion shall report the abuse as required under
6s. 48.981 (2).
AB175, s. 18 7Section 18. 48.375 (6) of the statutes is amended to read:
AB175,9,118 48.375 (6) Right to petition court for waiver. Any pregnant minor who is
9seeking an abortion in this state, and any member of the clergy on the minor's behalf,
10may file a petition specified under s. 48.257 with any court for a waiver of the
11parental consent requirement under sub. (4) (a) 1.
AB175, s. 19 12Section 19. 48.375 (7) (a) (intro.) of the statutes is amended to read:
AB175,9,1713 48.375 (7) (a) Receipt of petition; initial appearance. (intro.) On the date that
14day on which a petition under s. 48.257 is filed, or, if it is impossible to do so on that
15day, on the next calendar day, the court shall hold an initial appearance in chambers
16at which the minor or the member of the clergy who filed the petition on behalf of the
17minor, if any,
is present and shall do all of the following:
AB175, s. 20 18Section 20. 48.375 (7) (a) 4. of the statutes is amended to read:
AB175,9,2119 48.375 (7) (a) 4. Notify the minor, the minor's counsel, if any, the member of the
20clergy who filed the petition on behalf of the minor, if any,
and the minor's guardian
21ad litem, if any, of the time, date, and place of the hearing.
AB175, s. 21 22Section 21. 48.375 (7) (b) (intro.) of the statutes is amended to read:
AB175,9,2523 48.375 (7) (b) Hearing; evidence. (intro.) The court shall hold a confidential
24hearing on a the petition that is filed by a minor. The hearing shall be held in
25chambers, unless a public fact-finding hearing is demanded by the minor through

1her counsel. At the hearing, the court shall consider the report of the guardian ad
2litem, if any, and hear evidence relating to all of the following:
AB175, s. 22 3Section 22. 48.375 (7) (b) 2m. of the statutes is created to read:
AB175,10,54 48.375 (7) (b) 2m. The nature of the relationship between the minor and her
5parents.
AB175, s. 23 6Section 23. 48.375 (7) (bm) of the statutes is repealed.
AB175, s. 24 7Section 24. 48.375 (7) (d) 1. of the statutes is amended to read:
AB175,10,228 48.375 (7) (d) 1. The court shall make the determination under par. (c) and issue
9an order within 3 calendar days after the initial appearance unless the minor and
10her counsel, or the member of the clergy who filed the petition on behalf of the minor,
11if any,
consent to an extension of the time period. The order shall be effective
12immediately. The court shall prepare and file with the clerk of court findings of fact,
13conclusions of law, and a final order granting or denying the petition within 24 hours
14after making the determination and order. If the court grants the petition, the court
15shall immediately so notify the minor by personal service on her counsel , or the
16member of the clergy who filed the petition on behalf of the minor, if any,
of a certified
17copy of the court's order granting the petition. If the court denies the petition, the
18court shall immediately so notify the minor by personal service on her counsel, or the
19member of the clergy who filed the petition on behalf of the minor, if any,
of a copy
20of the court's order denying the petition and shall also notify the minor by her
21counsel, or the member of the clergy who filed the petition on behalf of the minor, if
22any,
that she has a right to initiate an appeal under s. 809.105.
AB175, s. 25 23Section 25. 48.375 (7) (d) 1m. of the statutes is amended to read:
AB175,11,1624 48.375 (7) (d) 1m. Except as provided under s. 48.315 (1) (b), (c), (f), and (h), if
25the court fails to comply with the time limits specified under subd. 1. without the

1prior consent of the minor and the minor's counsel, if any, or the member of the clergy
2who filed the petition on behalf of the minor, if any,
the minor and the minor's counsel,
3if any, or the member of the clergy, if any,
shall select a temporary reserve judge, as
4defined in s. 753.075 (1) (b), to make the determination under par. (c) and issue an
5order granting or denying the petition, and the chief judge of the judicial
6administrative district in which the court is located shall assign the temporary
7reserve judge selected by the minor and the minor's counsel, if any, or the member
8of the clergy, if any,
to make the determination and issue the order. A temporary
9reserve judge assigned under this subdivision to make a determination under par.
10(c) and issue an order granting or denying a petition shall make the determination
11and issue the order within 2 calendar days after the assignment, unless the minor
12and her counsel, if any, or the member of the clergy who filed the petition on behalf
13of the minor, if any,
consent to an extension of that time period. The order shall be
14effective immediately. The court shall prepare and file with the clerk of court
15findings of fact, conclusions of law, and a final order granting or denying the petition,
16and shall notify the minor of the court's order, as provided under subd. 1.
AB175, s. 26 17Section 26. 48.375 (7) (d) 2. of the statutes is amended to read:
AB175,12,1118 48.375 (7) (d) 2. Counsel for the minor, or the member of the clergy who filed
19the petition on behalf of the minor, if any,
shall immediately, upon notification under
20subd. 1. or 1m. that the court has granted or denied the petition, notify the minor.
21If the court has granted the petition, counsel for the minor, or the member of the
22clergy who filed the petition on behalf of the minor, if any,
shall hand deliver a
23certified copy of the court order to the person who intends to perform or induce the
24abortion. If with reasonable diligence the person who intends to perform or induce
25the abortion cannot be located for delivery, then counsel for the minor, or the member

1of the clergy who filed the petition on behalf of the minor, if any,
shall leave a certified
2copy of the order with the person's agent at the person's principal place of business.
3If a clinic or medical facility is specified in the petition as the corporation, limited
4liability company, partnership, or other unincorporated association that employs the
5person who intends to perform or induce the abortion, then counsel for the minor, or
6the member of the clergy who filed the petition on behalf of the minor, if any,
shall
7hand deliver a certified copy of the order to an agent of the corporation, limited
8liability company, partnership, or other unincorporated association at its principal
9place of business. There may be no service by mail or publication. The person or
10agent who receives the certified copy of the order under this subdivision shall place
11the copy in the minor's medical record.
AB175, s. 27 12Section 27. 48.375 (7) (f) of the statutes is amended to read:
AB175,12,2013 48.375 (7) (f) Certain persons barred from proceedings. No parent, or guardian
14or legal custodian, if one has been appointed, or foster parent or treatment foster
15parent, if the minor has been placed in a foster home or treatment foster home and
16the minor's parent has signed a waiver granting the department, a county
17department, the foster parent or the treatment foster parent the authority to consent
18to medical services or treatment on behalf of the minor, or adult family member,
of
19any minor who is seeking a court determination under this subsection may attend,
20intervene, or give evidence in any proceeding under this subsection.
AB175, s. 28 21Section 28. 69.186 (1) (j) of the statutes is amended to read:
AB175,13,222 69.186 (1) (j) If the patient is a minor, whether consent was provided under s.
2348.375 (4) (a) 1. for the abortion and, if so, the relationship of the individual providing
24consent to the minor; or, if consent under s. 48.375 (4) (a) 1. was not provided, on

1which of the bases under s. 48.375 (4) (a) 2. or (b) 1., 1g., 1m., 2., or 3. the abortion
2was performed.
AB175, s. 29 3Section 29. 809.105 (2) of the statutes is amended to read:
AB175,13,134 809.105 (2) Initiating an appeal. Only a minor may initiate an appeal under
5this section. The minor shall initiate the appeal by filing, or by a member of the clergy
6filing on the minor's behalf,
a notice of appeal with the clerk of the trial court in which
7the order appealed from was entered and shall specify in the notice of appeal the
8order appealed from. At the same time, the minor or member of the clergy shall notify
9the court of appeals of the filing of the appeal by sending a copy of the notice of appeal
10to the clerk of the court of appeals. The clerk of the trial court shall assist the minor
11or member of the clergy in sending a copy of the notice of appeal to the clerk of the
12court of appeals. The minor may use the name "Jane Doe" instead of her name on
13the notice of appeal and all other papers filed with the court of appeals.
AB175, s. 30 14Section 30. 809.105 (3) (a) of the statutes is amended to read:
AB175,13,1715 809.105 (3) (a) Fee. No fee for filing an appeal in the court of appeals under this
16section may be required of a minor or of a member of the clergy who files an appeal
17under this section on behalf of the minor
.
AB175, s. 31 18Section 31. 809.105 (3) (d) of the statutes is amended to read:
AB175,13,2019 809.105 (3) (d) Statement on transcript. A minor or member of the clergy may
20not be required to file a statement on transcript in an appeal under this section.
AB175, s. 32 21Section 32. 809.105 (5) of the statutes is amended to read:
AB175,14,322 809.105 (5) Transcript of reporter's notes. At the time that a minor or
23member of the clergy
files a notice of appeal, the minor or member of the clergy shall
24make arrangements with the reporter for the preparation of a transcript of the
25reporter's notes of the proceedings under s. 48.375 (7). The reporter shall file the

1transcript with the trial court within 2 calendar days after the notice of appeal is
2filed. The county of the court that held the proceeding under s. 48.375 (7) shall pay
3the expense of transcript preparation under this subsection.
AB175, s. 33 4Section 33. 809.105 (8) of the statutes is amended to read:
AB175,14,105 809.105 (8) Assignment and advancement of cases. The court of appeals shall
6take cases appealed under this section in an order that ensures that a judgment is
7made within 4 calendar days after the appeal has been filed in the court of appeals.
8The time limit under this subsection may be extended with the consent of the minor
9and her counsel, if any, or the member of the clergy who initiated the appeal under
10this section, if any
.
AB175, s. 34 11Section 34. 809.105 (8m) of the statutes is amended to read:
AB175,14,1712 809.105 (8m) Oral argument. If the court of appeals determines that a case
13appealed under this section is to be submitted with oral argument, the oral argument
14shall be held in chambers or, on motion of the minor through her counsel or through
15the member of the clergy who filed the appeal under this section, if any,
or on the
16court of appeals' own motion, by telephone, unless the minor through her counsel or
17the member of the clergy
demands that the oral argument be held in open court.
AB175, s. 35 18Section 35. 809.105 (9) of the statutes is amended to read:
AB175,14,2019 809.105 (9) Costs. The court of appeals may not assess costs against a minor
20or member of the clergy in an appeal under this section.
AB175, s. 36 21Section 36. 809.105 (10) (a) and (b) of the statutes are amended to read:
AB175,15,1522 809.105 (10) (a) A judgment by the court of appeals under this section is
23effective immediately, without transmittal to the trial court, as an order either
24granting or denying the petition. If the court of appeals reverses a trial court order
25denying a petition under s. 48.375 (7), the court of appeals shall immediately so

1notify the minor by personal service on her counsel or the member of the clergy who
2initiated the appeal under this section, if any,
of a certified copy of the order of the
3court of appeals granting the minor's petition. If the court of appeals affirms the trial
4court order, it shall immediately so notify the minor by personal service on her
5counsel or the member of the clergy who initiated the appeal under this section, if
6any,
of a copy of the order of the court of appeals denying the petition and shall also
7notify the minor by her counsel or the member of the clergy who initiated the appeal
8under this section on behalf of the minor, if any,
that she may, under sub. (11), file
9a petition for review with the supreme court under s. 809.62. The court of appeals
10shall pay the expenses of service of notice under this subsection. The clerk of the
11court of appeals shall transmit to the trial court the judgment and opinion of the court
12of appeals and the record in the case filed under sub. (4), within 31 days after the date
13that on which the judgment and opinion of the court of appeals are filed. If a petition
14for review is filed under sub. (11), the transmittal shall be made within 31 days after
15the date that on which the supreme court rules on the petition for review.
AB175,16,916 (b) Counsel for the minor, if any, or the member of the clergy who initiated the
17appeal under this section, if any,
shall immediately, upon notification under par. (a)
18that the court of appeals has granted or denied the petition, notify the minor. If the
19court of appeals has granted the petition, counsel for the minor, if any, or the member
20of the clergy who initiated the appeal under this section, if any,
shall hand deliver
21a certified copy of the order of the court of appeals to the person who intends to
22perform or induce the abortion. If with reasonable diligence the person who intends
23to perform or induce the abortion cannot be located for delivery, then counsel for the
24minor, if any, or the member of the clergy who initiated the appeal under this section,
25if any,
shall leave a certified copy of the order with the person's agent at the person's

1principal place of business. If a clinic or medical facility is specified in the petition
2as the corporation, limited liability company, partnership, or other unincorporated
3association that employs the person who intends to perform or induce the abortion,
4then counsel for the minor, if any, or the member of the clergy who initiated the
5appeal under this section, if any,
shall hand deliver a certified copy of the order to an
6agent of the corporation, limited liability company, partnership, or other
7unincorporated association at its principal place of business. There may be no
8service by mail or publication. The person or agent who receives the certified copy
9of the order under this paragraph shall place the copy in the minor's medical record.
AB175, s. 37 10Section 37. 809.105 (11) (a) (intro.) of the statutes is amended to read:
AB175,16,1411 809.105 (11) (a) (intro.) Only a minor or the member of the clergy who initiated
12the appeal under this section, if any,
may initiate a review of an appeal under this
13section. The petition for review of an appeal in the supreme court shall contain all
14of the following
:
AB175, s. 38 15Section 38. 809.105 (11) (a) 3. of the statutes is amended to read:
AB175,16,2116 809.105 (11) (a) 3. The judgment and opinion of the court of appeals, and the
17findings of fact, conclusions of law, and final order of the trial court that were
18furnished to the court of appeals. The court of appeals shall provide a copy of these
19papers to the minor, if any, the member of the clergy who initiated the appeal under
20this section, if any,
her counsel, or her guardian ad litem, if any, immediately upon
21request.
AB175, s. 39 22Section 39. 809.105 (11) (cm) of the statutes is amended to read:
AB175,17,323 809.105 (11) (cm) If the supreme court determines that a case reviewed under
24this subsection is to be submitted with oral argument, the oral argument shall be
25held in chambers or, on motion of the minor through her counsel or through the

1member of the clergy who initiated the appeal under this section, if any,
or on the
2supreme court's own motion, by telephone, unless the minor through her counsel or
3the member of the clergy
demands that the oral argument be held in open court.
AB175, s. 40 4Section 40. 809.105 (11) (d) of the statutes is amended to read:
AB175,17,185 809.105 (11) (d) A judgment or decision by the supreme court under this section
6is effective immediately, without transmittal to the trial court, as an order either
7granting or denying the petition. If the supreme court reverses a court of appeals
8order affirming a trial court order denying a petition under s. 48.375 (7), the supreme
9court shall immediately so notify the minor by personal service on her counsel, if any,
10or on the member of the clergy who initiated the appeal under this section, if any,
of
11a certified copy of the order of the supreme court granting the minor's petition. If the
12supreme court affirms the order of the court of appeals, it shall immediately so notify
13the minor by her counsel or by the member of the clergy who initiated the appeal
14under this section, if any
. The clerk of the supreme court shall transmit to the trial
15court the judgment, or decision, and opinion of the supreme court and the complete
16record in the case within 31 days after the date that on which the judgment, or
17decision, and opinion of the supreme court are filed. The supreme court shall pay the
18expense of service of notice under this subsection.
AB175, s. 41 19Section 41. 809.105 (11) (e) of the statutes is amended to read:
AB175,18,1320 809.105 (11) (e) Counsel for the minor, if any, or the member of the clergy who
21initiated the appeal under this section, if any,
shall immediately, upon notification
22under par. (d) that the supreme court has granted or denied the petition, notify the
23minor. If the supreme court has granted the petition, counsel for the minor, if any,
24or the member of the clergy who initiated the appeal under this section, if any,
shall
25hand deliver a certified copy of the order of the supreme court to the person who

1intends to perform or induce the abortion. If with reasonable diligence the person
2who intends to perform or induce the abortion cannot be located for delivery, then
3counsel for the minor, if any, or the member of the clergy who initiated the appeal
4under this section, if any,
shall leave a certified copy of the order with the person's
5agent at the person's principal place of business. If a clinic or medical facility is
6specified in the petition as the corporation, limited liability company, partnership,
7or other unincorporated association that employs the person who intends to perform
8or induce the abortion, then counsel for the minor, if any, or the member of the clergy
9who initiated the appeal under this section, if any,
shall hand deliver a certified copy
10of the order to an agent of the corporation, limited liability company, partnership, or
11other unincorporated association at its principal place of business. There may be no
12service by mail or publication. The person or agent who receives the certified copy
13of the order under this paragraph shall place the order in the minor's medical record.
AB175, s. 42 14Section 42. 809.105 (13) of the statutes is amended to read:
AB175,18,2315 809.105 (13) Certain persons barred from proceedings. No parent, or
16guardian or legal custodian, if one has been appointed, or foster parent or treatment
17foster parent, if the minor has been placed in a foster home or treatment foster home,
18and the minor's parent has signed a waiver granting the department of health and
19family services, a county department under s. 46.215, 46.22 or 46.23, the foster
20parent or the treatment foster parent the authority to consent to medical services or
21treatment on behalf of the minor, or adult family member, as defined in s. 48.375 (2)
22(b),
of any minor who has initiated an appeal under this section may attend or
23intervene in any proceeding under this section.
AB175, s. 43 24Section 43. 895.037 (3) (a) of the statutes is amended to read:
AB175,19,7
1895.037 (3) (a) A person who intentionally violates s. 48.375 (4) under
2circumstances in which the person knew or, in the exercise of reasonable care, should
3have known that the requirements of that subsection have not been complied with

4is liable to the minor on or for whom the abortion was performed or induced and to
5the minor's parent, guardian, and legal custodian for damages arising out of the
6performance or inducement of the abortion including, but not limited to, damages for
7personal injury and emotional and psychological distress.
AB175, s. 44 8Section 44. Initial applicability.
AB175,19,139 (1) Abortions performed or induced. The treatment of sections 46.24, 48.375
10(2) (b) and (fm) and (4) (b) 1., 1m., and 3., 69.186 (1) (j), and 895.037 (3) (a) of the
11statutes, the renumbering and amendment of section 48.375 (4) (a) 1. of the statutes,
12and the creation of section 48.375 (4) (a) 1. a., b., and c. of the statutes first apply to
13abortions performed or induced on the effective date of this subsection.
AB175,19,2014 (2) Waiver petitions filed. The treatment of sections 48.23 (1m) (cm), 48.257
15(1) (h) and (4), 48.27 (9), 48.273 (4) (b), 48.375 (2) (c) and (em), (6), and (7) (a) (intro.)
16and 4., (b) (intro.) and 2m., (bm), (d) 1., 1m., and 2., and (f), and 809.105 (2), (3) (a)
17and (d), (5), (8), (8m), (9), (10) (a) and (b), (11) (a) (intro.) and 3., (cm), (d), and (e), and
18(13) of the statutes first applies to petitions filed to initiate a proceeding under
19section 48.375 (7) of the statutes, as affected by this act, on the effective date of this
20subsection.
AB175,19,2121 (End)
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