4. The bill eliminates the current law requirement for minors to obtain parental
consent or a waiver of parental consent in order to proceed with an abortion.
5. The bill repeals the statute that prohibits the performance of abortions by
a physician who does not have admitting privileges in a hospital within 30 miles of
the location where the abortion is to be performed. This statute was previously held
to be unenforceable by the U.S. Court of Appeals for the 7th Circuit in Planned
Parenthood of Wis., Inc. v. Schimel
, 806 F.3d 908 (7th Cir. 2015), which affirmed a
permanent injunction granted by the U.S. District Court for the Western District of
Wisconsin.
6. The bill repeals the criminal penalty on a person who is not a physician and
who intentionally performs an abortion. The bill also repeals the prohibition on
performing an abortion after the fetus or unborn child has reached viability, as well
as the prohibition on abortion if the probable postfertilization age of the fetus or
unborn child is 20 or more weeks.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB777,1 1Section 1. 46.245 of the statutes is repealed.
AB777,2 2Section 2. 48.067 (7m) of the statutes is repealed.
AB777,3 3Section 3 . 48.16 of the statutes is repealed.
AB777,4 4Section 4. 48.23 (1m) (cm) of the statutes is repealed.
AB777,5 5Section 5 . 48.23 (4) (a) of the statutes is amended to read:
AB777,3,96 48.23 (4) (a) If a child or a parent under 18 years of age has a right to be
7represented by counsel or is provided counsel at the discretion of the court under this

1section and counsel is not knowingly and voluntarily waived, the court shall refer the
2child or parent under 18 years of age to the state public defender and counsel shall
3be appointed by the state public defender under s. 977.08 without a determination
4of indigency. If the referral is of a child who has filed a petition under s. 48.375 (7),
5the state public defender shall appoint counsel within 24 hours after that referral.
6Any counsel appointed in a petition filed under s. 48.375 (7) shall continue to
7represent the child in any appeal brought under s. 809.105 unless the child requests
8substitution of counsel or extenuating circumstances make it impossible for counsel
9to continue to represent the child.
AB777,6 10Section 6 . 48.235 (1) (d) of the statutes is repealed.
AB777,7 11Section 7. 48.255 (5) of the statutes is repealed.
AB777,8 12Section 8 . 48.257 of the statutes is repealed.
AB777,9 13Section 9 . 48.27 (9) of the statutes is repealed.
AB777,10 14Section 10 . 48.273 (4) of the statutes is repealed.
AB777,11 15Section 11. 48.275 (3) of the statutes is repealed.
AB777,12 16Section 12. 48.29 (3) of the statutes is repealed.
AB777,13 17Section 13. 48.299 (1) (a) of the statutes is amended to read:
AB777,3,2418 48.299 (1) (a) The general public shall be excluded from hearings under this
19chapter and from hearings by courts exercising jurisdiction under s. 48.16 unless a
20public fact-finding hearing is demanded by a child through his or her counsel, by an
21expectant mother through her counsel, or by an unborn child's guardian ad litem.
22However, the court shall refuse to grant the public hearing in a proceeding other than
23a proceeding under s. 48.375 (7),
if a parent, guardian, expectant mother, or unborn
24child's guardian ad litem objects.
AB777,14 25Section 14. 48.299 (1) (ag) of the statutes is amended to read:
AB777,4,14
148.299 (1) (ag) In a proceeding other than a proceeding under s. 48.375 (7), if
2If a public hearing is not held, only the parties and their counsel or guardian ad litem,
3the court-appointed special advocate for the child, the child's foster parent or other
4physical custodian described in s. 48.62 (2), witnesses, and other persons requested
5by a party and approved by the court may be present, except that the court may
6exclude a foster parent or other physical custodian described in s. 48.62 (2) from any
7portion of the hearing if that portion of the hearing deals with sensitive personal
8information of the child or the child's family or if the court determines that excluding
9the foster parent or other physical custodian would be in the best interests of the
10child. Except in a proceeding under s. 48.375 (7), any Any other person the court
11finds to have a proper interest in the case or in the work of the court, including a
12member of the bar or a person engaged in the bona fide research, monitoring, or
13evaluation of activities conducted under 42 USC 629h, as determined by the director
14of state courts, may be admitted by the court.
AB777,15 15Section 15. 48.299 (1) (ar) of the statutes is repealed.
AB777,16 16Section 16. 48.299 (1) (b) of the statutes is amended to read:
AB777,4,2017 48.299 (1) (b) Except as provided in ss. 48.375 (7) (e) and s. 48.396, any person
18who divulges any information which would identify the child, the expectant mother
19or the family involved in any proceeding under this chapter shall be subject to ch.
20785.
AB777,17 21Section 17. 48.315 (1m) of the statutes is repealed.
AB777,18 22Section 18. 48.37 (1) of the statutes is renumbered 48.37.
AB777,19 23Section 19. 48.37 (2) of the statutes is repealed.
AB777,20 24Section 20 . 48.373 (2) and (3) of the statutes are repealed.
AB777,21 25Section 21. 48.375 of the statutes is repealed.
AB777,22
1Section 22. 48.396 (2) (a) of the statutes is amended to read:
AB777,5,82 48.396 (2) (a) Records of the court assigned to exercise jurisdiction under this
3chapter and ch. 938 and of courts exercising jurisdiction under s. 48.16 shall be
4entered in books or deposited in files kept for that purpose only. Those records shall
5not be open to inspection or their contents disclosed except by order of the court
6assigned to exercise jurisdiction under this chapter and ch. 938 or as required or
7permitted under this subsection, or sub. (3) (b) or (c) 1g., 1m., or 1r. or (6), or s. 48.375
8(7) (e)
.
AB777,23 9Section 23 . 48.465 (3) of the statutes is amended to read:
AB777,5,1210 48.465 (3) Exceptions. This section does not apply to a termination of parental
11rights case under s. 48.43, to a parental consent to abortion case under s. 48.375 (7),
12or to a guardianship proceeding under s. 48.9795.
AB777,24 13Section 24. 66.1002 (1) (e) 1. of the statutes is amended to read:
AB777,5,1614 66.1002 (1) (e) 1. A physician, as defined under s. 48.375 (2) (g). For purposes
15of this subdivision, “physician” means a person licensed to practice medicine and
16surgery under ch. 448.
AB777,25 17Section 25 . 69.186 (1) (hf) of the statutes is repealed.
AB777,26 18Section 26 . 69.186 (1) (j) of the statutes is repealed.
AB777,27 19Section 27 . 69.186 (1) (k) of the statutes is repealed.
AB777,28 20Section 28 . 69.186 (1) (L) of the statutes is repealed.
AB777,29 21Section 29 . 146.89 (3r) (c) 3. of the statutes is repealed.
AB777,30 22Section 30. 253.095 of the statutes is repealed.
AB777,31 23Section 31. 253.10 of the statutes is repealed.
AB777,32 24Section 32. 253.105 of the statutes is repealed.
AB777,33 25Section 33. 253.107 of the statutes is repealed.
AB777,34
1Section 34. 324.02 (8) of the statutes is amended to read:
AB777,6,62 324.02 (8) “Emancipated minor" has the meaning given in s. 48.375 (2) (e)
3means a minor who is or has been married; a minor who has previously given birth;
4or a minor who has been freed from the care, custody and control of her parents, with
5little likelihood of returning to the care, custody and control prior to marriage or prior
6to reaching the age of majority
.
AB777,35 7Section 35. 441.07 (1g) (f) of the statutes is repealed.
AB777,36 8Section 36. 448.02 (3) (a) of the statutes is amended to read:
AB777,7,29 448.02 (3) (a) The board shall investigate allegations of unprofessional conduct
10and negligence in treatment by persons holding a license or certificate granted by the
11board. An allegation that a physician has violated s. 253.10 (3), 448.30 or 450.13 (2)
12or has failed to mail or present a medical certification required under s. 69.18 (2)
13within 21 days after the pronouncement of death of the person who is the subject of
14the required certificate or that a physician has failed at least 6 times within a
156-month period to mail or present a medical certificate required under s. 69.18 (2)
16within 6 days after the pronouncement of death of the person who is the subject of
17the required certificate is an allegation of unprofessional conduct. Information
18contained in reports filed with the board under s. 49.45 (2) (a) 12r., 50.36 (3) (b),
19609.17 or 632.715, or under 42 CFR 1001.2005, shall be investigated by the board.
20Information contained in a report filed with the board under s. 655.045 (1), as created
21by 1985 Wisconsin Act 29, which is not a finding of negligence or in a report filed with
22the board under s. 50.36 (3) (c) may, within the discretion of the board, be used as the
23basis of an investigation of a person named in the report. The board may require a
24person holding a license or certificate to undergo and may consider the results of one
25or more physical, mental or professional competency examinations if the board

1believes that the results of any such examinations may be useful to the board in
2conducting its investigation.
AB777,37 3Section 37. 457.26 (2) (gm) of the statutes is repealed.
AB777,38 4Section 38. 632.8985 of the statutes is repealed.
AB777,39 5Section 39 . 809.10 (1) (d) of the statutes is amended to read:
AB777,7,146 809.10 (1) (d) Docketing statement. The person shall file in the circuit court a
7completed docketing statement on a form prescribed by the court of appeals. The
8docketing statement shall accompany the notice of appeal. Docketing statements
9need not be filed in appeals brought under s. 809.105, 809.107, 809.32, or 974.06 (7),
10in cases under ch. 980, or in cases in which a party represents himself or herself.
11Docketing statements need not be filed in appeals brought under s. 809.30 or 974.05,
12or by the state or defendant in permissive appeals in criminal cases pursuant to s.
13809.50, except that docketing statements shall be filed in cases arising under ch. 48,
1451, 55, or 938.
AB777,40 15Section 40. 809.105 of the statutes is repealed.
AB777,41 16Section 41 . 809.14 (4) of the statutes is repealed.
AB777,42 17Section 42 . 809.24 (4) of the statutes is amended to read:
AB777,7,1918 809.24 (4) No motion for reconsideration of a court of appeals decision issued
19under s. 809.105 or 809.107 is permitted.
AB777,43 20Section 43 . 809.30 (1) (a) of the statutes is amended to read:
AB777,7,2521 809.30 (1) (a) “Final adjudication" means the entry of a final judgment or order
22by the circuit court in a s. 971.17 proceeding, in a criminal case, or in a ch. 48, 51, 55,
23938, or 980 case, other than a termination of parental rights case under s. 48.43, or
24a guardianship proceeding under s. 48.9795, or a parental consent to abortion case
25under s. 48.375 (7)
.
AB777,44
1Section 44. 809.30 (1) (b) 2. of the statutes is amended to read:
AB777,8,52 809.30 (1) (b) 2. A party, other than the state, seeking postdisposition relief in
3a case under ch. 48, other than a termination of parental rights case under s. 48.43,
4or a guardianship proceeding under s. 48.9795 , or a parental consent to abortion case
5under s. 48.375 (7)
.
AB777,45 6Section 45 . 809.30 (2) (a) of the statutes is amended to read:
AB777,8,167 809.30 (2) (a) Appeal procedure; counsel to continue. A person seeking
8postconviction relief in a criminal case; a person seeking postdisposition relief in a
9case under ch. 48 other than a termination of parental rights case under s. 48.43, or
10a guardianship proceeding under s. 48.9795, or a parental consent to abortion case
11under s. 48.375 (7)
; or a person seeking postdisposition relief in a s. 971.17 proceeding
12or in a case under ch. 51, 55, 938, or 980 shall comply with this section. Counsel
13representing the person at sentencing or at the time of the final adjudication shall
14continue representation by filing a notice under par. (b) if the person desires to
15pursue postconviction or postdisposition relief unless counsel is discharged by the
16person or allowed to withdraw by the circuit court before the notice must be filed.
AB777,46 17Section 46 . Subchapter IV (title) of chapter 809 [precedes 809.40] of the
18statutes is amended to read:
AB777,8,1919 chapter 809
AB777,8,2020 subchapter IV
AB777,8,2521 APPEAL PROCEDURE IN COURT OF APPEALS
22 IN TERMINATION OF PARENTAL RIGHTS,
23 CH. 799, TRAFFIC REGULATION, AND
24 MUNICIPAL ORDINANCE VIOLATION, AND
25 PARENTAL CONSENT TO ABORTION
CASES
AB777,47
1Section 47. 809.40 (title) of the statutes is amended to read:
AB777,9,4 2809.40 (title) Rule (Appeals in termination of parental rights, ch. 799,
3traffic regulation,
or municipal ordinance violation, and parental consent
4to abortion
cases).
AB777,48 5Section 48 . 809.40 (1m) of the statutes is amended to read:
AB777,9,86 809.40 (1m) An appeal from an order denying a petition under s. 48.375 (7) is
7governed by the procedures specified in s. 809.105, and an appeal
from an order or
8judgment under s. 48.43 is governed by the procedures specified in s. 809.107.
AB777,49 9Section 49 . 809.62 (2m) of the statutes is repealed.
AB777,50 10Section 50 . 809.801 (5) (c) of the statutes is amended to read:
AB777,9,1811 809.801 (5) (c) Appeals from circuit court. A user seeking to initiate an appeal
12under s. 809.10, 809.103, 809.104, 809.105, 809.107, 809.30, 809.32, or 809.40 shall
13file a notice of appeal in the circuit court case appealed from as provided in that
14section. The clerk of circuit court shall transmit the notice of appeal to the clerk of
15the court of appeals. The docketing statement, motions under s. 809.41 (1) or (4), and
16statement on transcript, where applicable, shall also be filed with the clerk of circuit
17court and transmitted to the clerk of the court of appeals. Service shall be as provided
18in s. 809.10 (1) (h).
AB777,51 19Section 51 . 809.82 (2) (c) of the statutes is repealed.
AB777,52 20Section 52 . 895.037 of the statutes is repealed.
AB777,53 21Section 53 . 938.373 (2) of the statutes is repealed.
AB777,54 22Section 54 . 939.75 (2) (b) 1. of the statutes is amended to read:
AB777,9,2523 939.75 (2) (b) 1. An act committed during an induced abortion. This
24subdivision does not limit the applicability of ss. 940.04, 940.13, 940.15 and 940.16
25to an induced abortion.
AB777,55
1Section 55. 940.15 of the statutes is repealed.
AB777,56 2Section 56 . Nonstatutory provisions.
AB777,10,53 (1) Reference changes. Wherever a reference to s. 253.10 (2) (a) appears in the
4statutes, the legislative reference bureau shall substitute a reference to s. 69.01
5(13m), as it defines the term “induced abortion.”
AB777,10,66 (End)
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