Senate Bill 16
Requirements for children born alive following abortion or attempted abortion and providing a penalty
Vetoed by the governor
Both chambers passed it, and the governor vetoed it on Dec 6, 2021. Lawmakers did not , so it stands.
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Introduced, passed
Jan 28, 2021
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Committee, passed
Approved
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Senate vote, passed
Passed 19 to 12
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Assembly vote, passed
Passed 55 to 38
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Governor, stopped here
Vetoed Dec 6, 2021.
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Law, not reached
Latest entry in the official record, May 17, 2022: “Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82”
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Terms on this page
Veto override
Lawmakers can still pass a bill the governor vetoed, but it takes two-thirds of each chamber.
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
What it would have done
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
This bill requires any health care provider present at the time an abortion or attempted abortion results in a child born alive to exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care provider would render to any other child born alive at the same gestational age and to ensure that the child born alive is immediately transported and admitted to a hospital. A health care provider or an employee of a hospital, physician's office, or clinic where abortions are performed or induced who has knowledge of a failure to comply with the requirements of the bill must immediately report the failure to an appropriate law enforcement agency. Any person who violates the requirement to exercise professional skill, care, and diligence or to ensure the child is transported and admitted to a hospital is guilty of a felony with a penalty of a fine not to exceed $10,000, imprisonment not to exceed six years, or both. The mother of the child born alive, however, may not be prosecuted. This bill specifies that a woman upon whom an abortion was performed or attempted may bring a claim for damages, including damages for personal injury and emotional and psychological distress, against a person who violates or attempts to violate the requirements of the bill.
The bill also makes intentionally causing the death of a child born alive as a result of an abortion or an attempted abortion a felony with a penalty of life imprisonment, which is the same penalty as first-degree intentional homicide. The mother of the child born alive may not be prosecuted under this provision in the bill.
Read the full summary Show less
Under current law, an individual who undergoes a live birth is considered born alive. “Live birth” is defined as the complete expulsion or extraction from his or her mother, of a human being, at any stage of development, who, after the expulsion or extraction, breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut and whether the expulsion or extraction occurs as a result of natural or induced labor, a cesarean section, or an abortion. Under current law, whoever is born alive as a result of an abortion is considered to have the same legal status and legal rights as a human being at any point after the human being undergoes a live birth as the result of natural or induced labor or a cesarean section.
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.
Who's behind it
19 senators are its . All 19 are Republicans.
32 more lawmakers .
See all 51 names Hide the names
Authors (19)
- Joan Ballweg · Republican, Senate
- Kathleen Bernier · Republican, Senate
- Julian Bradley · Republican, Senate
- Rob Cowles · Republican, Senate
- Alberta Darling · Republican, Senate
- Mary Felzkowski · Republican, Senate
- Dan Feyen · Republican, Senate
- Chris Kapenga · Republican, Senate
- Dale Kooyenga · Republican, Senate
- Devin LeMahieu · Republican, Senate
- Howard Marklein · Republican, Senate
- Steve Nass · Republican, Senate
- Jerry Petrowski · Republican, Senate
- Roger Roth · Republican, Senate
- Rob Stafsholt · Republican, Senate
- Duey Stroebel · Republican, Senate
- Patrick Testin · Republican, Senate
- Van Wanggaard · Republican, Senate
- Eric Wimberger · Republican, Senate
Signed on in support (32)
- Scott Allen · Republican, Assembly
- Mark Born · Republican, Assembly
- Rachael Cabral-Guevara · Republican, Senate
- Calvin Callahan · Republican, Assembly
- Alex Dallman · Republican, Assembly
- Barbara Dittrich · Republican, Assembly
- Cindi Duchow · Republican, Assembly
- James Edming · Republican, Assembly
- Rick Gundrum · Republican, Assembly
- John Jagler · Republican, Senate
- Terry Katsma · Republican, Assembly
- Dan Knodl · Republican, Assembly
- Tony Kurtz · Republican, Assembly
- Gae Magnafici · Republican, Assembly
- Dave Murphy · Republican, Assembly
- Adam Neylon · Republican, Assembly
- Will Penterman · Republican, Assembly
- Kevin Petersen · Republican, Assembly
- Warren Petryk · Republican, Assembly
- Jon Plumer · Republican, Assembly
- Timothy Ramthun · Republican, Assembly
- Donna Rozar · Republican, Assembly
- Michael Schraa · Republican, Assembly
- Ken Skowronski · Republican, Assembly
- Pat Snyder · Republican, Assembly
- John Spiros · Republican, Assembly
- David Steffen · Republican, Assembly
- Jim Steineke · Republican, Assembly
- Jeremy Thiesfeldt · Republican, Assembly
- Paul Tittl · Republican, Assembly
- Travis Tranel · Republican, Assembly
- Shannon Zimmerman · Republican, Assembly
How lawmakers voted
There were 3 votes on this bill.
Senate Committee on Judiciary and Public Safety vote to recommend it
Passed, 4 to 2 · Sep 16, 2021
No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.
Official motion: “Report passage recommended by Committee on Judiciary and Public Safety, Ayes 4, Noes 2”. Official record · This vote on its own page
Senate vote to pass it
Passed, 19 to 12 · Sep 28, 2021 · 2 didn't vote
See how each of the 33 senators voted Hide the names
D: Democrat, R: Republican
Yes (19)
- Alberta Darling (R, 8)
- Chris Kapenga (R, 33)
- Dan Feyen (R, 20)
- Devin LeMahieu (R, 9)
- Duey Stroebel (R, 20)
- Eric Wimberger (R, 2)
- Howard Marklein (R, 17)
- Jerry Petrowski (R, 29)
- Joan Ballweg (R, 14)
- John Jagler (R, 13)
- Julian Bradley (R, 28)
- Kathleen Bernier (R, 23)
- Mary Felzkowski (R, 12)
- Patrick Testin (R, 24)
- Rob Cowles (R, 2)
- Rob Stafsholt (R, 10)
- Roger Roth (R, 19)
- Steve Nass (R, 11)
- Van Wanggaard (R, 21)
No (12)
- Bob Wirch (D, 22)
- Brad Pfaff (D, 32)
- Chris Larson (D, 7)
- Janet Bewley (D, 25)
- Janis Ringhand (D, 15)
- Jeff Smith (D, 31)
- Jon Erpenbach (D, 27)
- Kelda Roys (D, 26)
- LaTonya Johnson (D, 6)
- Lena Taylor (D, 4)
- Melissa Agard (D, 16)
- Tim Carpenter (D, 3)
Didn't vote (2)
- André Jacque (R, 1)
- Dale Kooyenga (R, 5)
Official motion: “PASSAGE”. Official record · This vote on its own page
Assembly vote to pass it
Passed, 55 to 38 · Oct 27, 2021 · 4 didn't vote
See how each of the 97 representatives voted Hide the names
D: Democrat, R: Republican
Yes (55)
- Adam Neylon (R, 15)
- Alex Dallman (R, 39)
- Amy Loudenbeck (R, 31)
- Barbara Dittrich (R, 99)
- Bob Wittke (R, 63)
- Calvin Callahan (R, 35)
- Cindi Duchow (R, 97)
- Clint Moses (R, 92)
- Dan Knodl (R, 24)
- Dave Armstrong (R, 67)
- Dave Murphy (R, 56)
- David Steffen (R, 4)
- Donna Rozar (R, 69)
- Elijah Behnke (R, 6)
- Gae Magnafici (R, 28)
- James Edming (R, 87)
- Jeff Mursau (R, 36)
- Jeremy Thiesfeldt (R, 52)
- Jesse James (R, 23)
- Jessie Rodriguez (R, 21)
- Jim Steineke (R, 5)
- Joel Kitchens (R, 1)
- John Macco (R, 88)
- John Spiros (R, 86)
- Jon Plumer (R, 42)
- Ken Skowronski (R, 82)
- Kevin Petersen (R, 57)
- Loren Oldenburg (R, 96)
- Mark Born (R, 37)
- Michael Schraa (R, 53)
- Mike Kuglitsch (R, 84)
- Nancy VanderMeer (R, 70)
- Pat Snyder (R, 85)
- Paul Tittl (R, 25)
- Rachael Cabral-Guevara (R, 19)
- Rick Gundrum (R, 58)
- Rob Brooks (R, 59)
- Rob Summerfield (R, 68)
- Rob Swearingen (R, 34)
- Robin Vos (R, 33)
- Ron Tusler (R, 3)
- Samantha Kerkman (R, 61)
- Scott Allen (R, 82)
- Scott Krug (R, 72)
- Shae Sortwell (R, 2)
- Shannon Zimmerman (R, 30)
- Terry Katsma (R, 26)
- Timothy Ramthun (R, 59)
- Todd Novak (R, 51)
- Tony Kurtz (R, 41)
- Travis Tranel (R, 49)
- Treig Pronschinske (R, 29)
- Tyler August (R, 31)
- Tyler Vorpagel (R, 27)
- Will Penterman (R, 38)
No (38)
- Beth Meyers (D, 74)
- Christine Sinicki (D, 20)
- Chuck Wichgers (R, 84)
- Dave Considine (D, 81)
- David Bowen (D, 10)
- Deb Andraca (D, 23)
- Dianne Hesselbein (D, 27)
- Don Vruwink (D, 43)
- Dora Drake (D, 4)
- Evan Goyke (D, 18)
- Francesca Hong (D, 76)
- Gary Hebl (D, 46)
- Gordon Hintz (D, 54)
- Greta Neubauer (D, 66)
- Janel Brandtjen (R, 22)
- Jill Billings (D, 95)
- Jimmy Anderson (D, 47)
- Jodi Emerson (D, 91)
- Jonathan Brostoff (D, 19)
- Kalan Haywood (D, 16)
- Katrina Shankland (D, 71)
- Kristina Shelton (D, 90)
- LaKeshia Myers (D, 12)
- Lee Snodgrass (D, 52)
- Lisa Subeck (D, 79)
- Marisabel Cabrera (D, 9)
- Mark Spreitzer (D, 15)
- Nick Milroy (D, 73)
- Robyn Vining (D, 13)
- Samba Baldeh (D, 48)
- Sara Rodriguez (D, 13)
- Shelia Stubbs (D, 78)
- Sondy Pope (D, 80)
- Steve Doyle (D, 94)
- Sue Conley (D, 44)
- Supreme Moore Omokunde (D, 17)
- Tip McGuire (D, 64)
- Tod Ohnstad (D, 65)
Didn't vote (4)
- Cody Horlacher (R, 33)
- Gary Tauchen (R, 6)
- Joe Sanfelippo (R, 15)
- Sylvia Ortiz-Velez (D, 8)
Official motion: “CONCURRENCE”. Official record · This vote on its own page
What happened
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May 17, 2022
The veto stood. Lawmakers didn't override it.
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Dec 6, 2021
The governor vetoed it.
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Dec 2, 2021
Sent to the governor.
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Oct 27, 2021
The Assembly passed it too, 55 to 38.
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Oct 26, 2021
1 more representative signed on in support.
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Oct 21, 2021
Sent to the Assembly Committee on Rules.
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Oct 15, 2021
1 more representative signed on in support.
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Sep 28, 2021
The Assembly received it.
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Sep 28, 2021
The Senate passed it, 19 to 12.
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Sep 16, 2021
The committee voted to recommend passing it, 4 to 2.
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Sep 9, 2021
The committee held a public hearing.
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Feb 15, 2021 to Aug 4, 2021
2 more representatives signed on in support.
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Jan 28, 2021
Sent to the Senate Committee on Judiciary and Public Safety.
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Jan 28, 2021
Introduced in the Senate.
See the official record, word for word Hide the official record
- Jan 28, 2021 · Senate
Introduced by Senators Roth, Ballweg, Bernier, Bradley, Cowles, Darling, Felzkowski, Feyen, Kapenga, Kooyenga, LeMahieu, Marklein, Nass, Petrowski, Stafsholt, Stroebel, Testin, Wanggaard and Wimberger; cosponsored by Representatives Steineke, Born, Dittrich, Edming, Gundrum, Jagler, Katsma, Magnafici, Neylon, Petryk, Ramthun, Rozar, Schraa, Skowronski, Snyder, Spiros, Steffen, Thiesfeldt, Tittl, Tranel, Zimmerman, Cabral-Guevara, Callahan, Dallman, Duchow, Knodl, Petersen and Plumer
- Jan 28, 2021 · Senate
Read first time and referred to Committee on Judiciary and Public Safety
- Feb 15, 2021 · Senate
Representative Allen added as a cosponsor
- Aug 4, 2021 · Senate
Representative Penterman added as a cosponsor
- Sep 9, 2021 · Senate
Public hearing held
- Sep 16, 2021 · Senate
Executive action taken
- Sep 16, 2021 · Senate
Report passage recommended by Committee on Judiciary and Public Safety, Ayes 4, Noes 2
- Sep 16, 2021 · Senate
Available for scheduling
- Sep 24, 2021 · Senate
Placed on calendar 9-28-2021 pursuant to Senate Rule 18(1)
- Sep 28, 2021 · Senate
Read a second time
- Sep 28, 2021 · Senate
Ordered to a third reading
- Sep 28, 2021 · Senate
Rules suspended
- Sep 28, 2021 · Senate
Read a third time and passed, Ayes 19, Noes 12
- Sep 28, 2021 · Senate
Ordered immediately messaged
- Sep 28, 2021 · Assembly
Received from Senate
- Oct 15, 2021 · Assembly
Representative Kurtz added as a cosponsor
- Oct 21, 2021 · Assembly
Read first time and referred to committee on Rules
- Oct 21, 2021 · Assembly
Placed on calendar 10-27-2021 by Committee on Rules
- Oct 26, 2021 · Assembly
Representative Murphy added as a cosponsor
- Oct 27, 2021 · Assembly
Rules suspended to withdraw from calendar and take up
- Oct 27, 2021 · Assembly
Read a second time
- Oct 27, 2021 · Assembly
Ordered to a third reading
- Oct 27, 2021 · Assembly
Rules suspended
- Oct 27, 2021 · Assembly
Read a third time and concurred in, Ayes 55, Noes 38, Paired 2
- Oct 27, 2021 · Assembly
Ordered immediately messaged
- Oct 27, 2021 · Senate
Received from Assembly concurred in
- Nov 2, 2021 · Senate
Report correctly enrolled
- Dec 2, 2021 · Senate
Presented to the Governor on 12-2-2021
- Dec 6, 2021 · Senate
Report vetoed by the Governor on 12-3-2021
- May 17, 2022 · Senate
Placed on calendar 5-17-2022 pursuant to Joint Rule 82 (2)(a)
- May 17, 2022 · Senate
Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82
Terms on this page
Veto override
Lawmakers can still pass a bill the governor vetoed, but it takes two-thirds of each chamber.
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis. More in the glossary
Author
A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.
Official term: Author, coauthor. More in the glossary
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor. More in the glossary
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote. More in the glossary
From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source
Veto override
Lawmakers can still pass a bill the governor vetoed, but it takes two-thirds of each chamber.
Legislative Reference Bureau
The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.
Official term: LRB analysis
Signed on in support
Lawmakers who back a bill without being one of its authors, often from the other chamber.
Official term: Cosponsor
Roll call
A vote where each lawmaker's yes or no is recorded by name.
Official term: Roll call vote