SB 173

This bill prohibits a person from performing or inducing or attempting to

perform or induce an abortion on a woman if the person knows the woman is seeking

an abortion solely because of the race, color, national origin, ancestry, or sex of the

unborn child or solely because the unborn child has been diagnosed with or has a

potential diagnosis of Down syndrome or another congenital disability. A congenital

disability is defined in the bill as any congenital disease, defect, or disorder, except

a life-limiting fetal anomaly, which is a profound and irremediable congenital or

chromosomal anomaly that is incompatible with sustaining life after birth and does

not include any condition that can be treated. The bill allows a claim for damages

for a violation of this bill to be brought by a woman on whom an abortion is performed,

induced, or attempted; the father of the aborted unborn child or unborn child that

is attempted to be aborted, unless the pregnancy is the result of a sexual assault or

incest; and, if the woman is a minor at the time or dies as a result of the abortion or

attempted abortion, a parent or guardian of the woman on whom an abortion was

performed, induced, or attempted. A district attorney or the attorney general may

bring an action to enjoin a person who performs, induces, or attempts an abortion in

violation of the prohibitions in the bill, and the bill specifies penalties for each

violation of an injunction. An allegation that a physician violates the prohibitions

in the bill is an allegation of unprofessional conduct that must be investigated by the

Medical Examining Board.

Under current law, a woman upon whom an abortion is to be performed or

induced must give voluntary and informed written consent to an abortion. Except in

a medical emergency, a woman's consent to an abortion is considered informed only

if, at least 24 hours before the abortion is performed or induced, the physician or an

assistant has, in person, orally provided the woman with certain information and

given to the woman certain written materials. If the pregnancy is the result of sexual

assault or incest, the 24-hour period, but not the provision of information, may be

waived or reduced under certain circumstances. In addition to the current

requirement to inform the woman, orally and in writing, of certain information

specified under current law, the bill requires the physician or assistant to inform the

woman that Wisconsin does not allow an abortion of an unborn child solely because

of the unborn child's race, color, national origin, ancestry, sex, or diagnosis or

potential diagnosis of Down syndrome or another congenital disability.

Current law prohibits any person from performing or inducing an abortion if

the probable postfertilization age of the unborn child is 20 or more weeks, unless the

woman is undergoing a medical emergency. Current law also prohibits a person from

performing an abortion after the unborn child reaches viability, unless the abortion

is necessary to preserve the life or health of the woman.