LRB-1696/1
TJD:klm
2017 - 2018 LEGISLATURE
February 24, 2017 - Introduced by Representatives Subeck, C. Taylor, Sargent,
Brostoff, Berceau, Crowley, Anderson, Kolste, Ohnstad, Hesselbein,
Zepnick, Spreitzer, Sinicki, Bowen and Zamarripa, cosponsored by Senators
Risser, Johnson, Bewley, C. Larson, L. Taylor and Ringhand. Referred to
Committee on Health.
AB86,1,2
1An Act to repeal 940.04; and
to amend 939.75 (2) (b) 1. and 968.26 (1b) (a) 2.
2a. of the statutes;
relating to: eliminating certain abortion prohibitions.
Analysis by the Legislative Reference Bureau
This bill repeals a statute relating to abortion that has been held unenforceable
by a federal court. Under that statute, any person, other than the mother, who
intentionally destroys the life of an unborn child is guilty of a Class H felony.
“Unborn child" is defined as a human being from the time of conception until born
alive. Any person, other than the mother, who intentionally destroys the life of an
unborn quick child or causes the mother's death by an act done with intent to destroy
the life of an unborn child is guilty of a Class E felony. None of these penalties apply
to a therapeutic abortion that is performed by a physician; is necessary, or advised
by two other physicians as necessary, to save the life of the mother; and, unless an
emergency prevents, is performed in a licensed maternity hospital.
The statute was cited in Roe v. Wade, 410 U.S. 113 (1973), as similar to a Texas
statute that was held to violate the due process clause of the 14th Amendment of the
United States Constitution. The unenforceability of the statute following the Roe v.
Wade decision was noted in a subsequent decision by a federal district court, Larkin
v. McCann, 368 F. Supp. 1352 (E.D. Wis., 1974).
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB86,1
1Section
1. 939.75 (2) (b) 1. of the statutes is amended to read:
AB86,2,42
939.75
(2) (b) 1. An act committed during an induced abortion. This
3subdivision does not limit the applicability of ss.
940.04, 940.13, 940.15 and 940.16
4to an induced abortion.
AB86,2
5Section
2. 940.04 of the statutes is repealed.
AB86,3
6Section
3. 968.26 (1b) (a) 2. a. of the statutes is amended to read:
AB86,2,127
968.26
(1b) (a) 2. a. Section
940.04, 940.11, 940.19 (2), (4), (5), or (6), 940.195
8(2), (4), (5), or (6), 940.20, 940.201, 940.203, 940.205, 940.207, 940.208, 940.22 (2),
9940.225 (3), 940.29, 940.302 (2) (c), 940.32, 941.32, 941.38 (2), 942.09 (2), 943.10,
10943.205, 943.32 (1), 946.43, 946.44, 946.47, 946.48, 948.02 (3), 948.03 (2) (b) or (c),
11(3), or (4), 948.04, 948.055, 948.095, 948.10 (1) (a), 948.11, 948.13 (2) (a), 948.14,
12948.20, 948.23 (1), (2), or (3) (c) 2. or 3., or 948.30 (1).
