SB 1011

Current law regulates the performance of abortions in a number of ways,

including prohibiting the performance or inducement of an abortion, or an attempt

to perform or induce an abortion, if the postfertilization age of the unborn child is 20

or more weeks, except in the case of a medical emergency. Current law defines the

postfertilization age of the unborn child to mean the number of weeks that have

elapsed from the probable time of fertilization of a woman's ovum. This bill retains

that definition and amends the 20-week prohibition to prohibit any person from

performing, inducing, or attempting to perform or induce an abortion if the probable

postfertilization age of the unborn child is 14 or more weeks, except in the case of a

medical emergency.

Under the bill, as under current law, a medical emergency means a condition,

in a physician's reasonable medical judgment, that so complicates the medical

condition of a pregnant woman as to necessitate the immediate abortion of her

pregnancy to avert her death or for which a 24-hour delay in performance or

inducement of an abortion will create serious risk of substantial and irreversible

impairment of one or more of the woman's major bodily functions.

This bill requires a referendum before giving effect to the prohibition created

in the bill. Under the bill, at the April 2024 election, the electors would vote on the

question whether the statutory provisions treated in the bill shall take effect “thus

prohibiting under Wisconsin Statutes an abortion if the probable postfertilization

age of the unborn child is 14 or more weeks, except in the case of a medical

emergency?”. If a majority of votes cast in the election approves the question, the

prohibition takes effect on the day after the election results are certified. If the

question is not approved by a majority of votes cast, this act does not take effect.