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Bills from the 2021–22 session

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.

  1. Introduced, passed

    Jan 28, 2021

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed 19 to 12

  4. Assembly vote, passed

    Passed 55 to 38

  5. Governor, stopped here

    Vetoed Dec 6, 2021.

  6. 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”

Read the governor's veto message · All vetoes this session

Read the bill

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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

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

Authors (19)

Signed on in support (32)

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

D: Democrat, R: Republican

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

D: Democrat, R: Republican

Yes (55)

No (38)

Official motion: “CONCURRENCE”. Official record · This vote on its own page

What happened

  1. May 17, 2022

    The veto stood. Lawmakers didn't override it.

  2. Dec 6, 2021

    The governor vetoed it.

  3. Dec 2, 2021

    Sent to the governor.

  4. Oct 27, 2021

    The Assembly passed it too, 55 to 38.

  5. Oct 26, 2021

    1 more representative signed on in support.

  6. Oct 21, 2021

    Sent to the Assembly Committee on Rules.

  7. Oct 15, 2021

    1 more representative signed on in support.

  8. Sep 28, 2021

    The Assembly received it.

  9. Sep 28, 2021

    The Senate passed it, 19 to 12.

  10. Sep 16, 2021

    The committee voted to recommend passing it, 4 to 2.

  11. Sep 9, 2021

    The committee held a public hearing.

  12. Feb 15, 2021 to Aug 4, 2021

    2 more representatives signed on in support.

  13. Jan 28, 2021

    Sent to the Senate Committee on Judiciary and Public Safety.

  14. Jan 28, 2021

    Introduced in the Senate.

See the official record, word for word
  1. 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

  2. Jan 28, 2021 · Senate

    Read first time and referred to Committee on Judiciary and Public Safety

  3. Feb 15, 2021 · Senate

    Representative Allen added as a cosponsor

  4. Aug 4, 2021 · Senate

    Representative Penterman added as a cosponsor

  5. Sep 9, 2021 · Senate

    Public hearing held

  6. Sep 16, 2021 · Senate

    Executive action taken

  7. Sep 16, 2021 · Senate

    Report passage recommended by Committee on Judiciary and Public Safety, Ayes 4, Noes 2

  8. Sep 16, 2021 · Senate

    Available for scheduling

  9. Sep 24, 2021 · Senate

    Placed on calendar 9-28-2021 pursuant to Senate Rule 18(1)

  10. Sep 28, 2021 · Senate

    Read a second time

  11. Sep 28, 2021 · Senate

    Ordered to a third reading

  12. Sep 28, 2021 · Senate

    Rules suspended

  13. Sep 28, 2021 · Senate

    Read a third time and passed, Ayes 19, Noes 12

  14. Sep 28, 2021 · Senate

    Ordered immediately messaged

  15. Sep 28, 2021 · Assembly

    Received from Senate

  16. Oct 15, 2021 · Assembly

    Representative Kurtz added as a cosponsor

  17. Oct 21, 2021 · Assembly

    Read first time and referred to committee on Rules

  18. Oct 21, 2021 · Assembly

    Placed on calendar 10-27-2021 by Committee on Rules

  19. Oct 26, 2021 · Assembly

    Representative Murphy added as a cosponsor

  20. Oct 27, 2021 · Assembly

    Rules suspended to withdraw from calendar and take up

  21. Oct 27, 2021 · Assembly

    Read a second time

  22. Oct 27, 2021 · Assembly

    Ordered to a third reading

  23. Oct 27, 2021 · Assembly

    Rules suspended

  24. Oct 27, 2021 · Assembly

    Read a third time and concurred in, Ayes 55, Noes 38, Paired 2

  25. Oct 27, 2021 · Assembly

    Ordered immediately messaged

  26. Oct 27, 2021 · Senate

    Received from Assembly concurred in

  27. Nov 2, 2021 · Senate

    Report correctly enrolled

  28. Dec 2, 2021 · Senate

    Presented to the Governor on 12-2-2021

  29. Dec 6, 2021 · Senate

    Report vetoed by the Governor on 12-3-2021

  30. May 17, 2022 · Senate

    Placed on calendar 5-17-2022 pursuant to Joint Rule 82 (2)(a)

  31. 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.

More in the glossary

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

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

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