SB 298

This bill repeals a statute that provides that any person, other than the mother,

who intentionally destroys the life of an unborn child is guilty of a Class H felony.

“Unborn child" is defined in the statute as a human being from the time of conception

until born alive. The statute also provides that any person, other than the mother,

who intentionally destroys the life of an unborn quick child or causes the mother's

death by an act done with intent to destroy the life of an unborn child is guilty of a

Class E felony. None of these penalties apply to a therapeutic abortion that is

performed by a physician; is necessary, or advised by two other physicians as

necessary, to save the life of the mother; and, unless an emergency prevents, is

performed in a licensed maternity hospital.

This statute was previously held to be unenforceable. It was cited in

Roe v.

Wade

, 410 U.S. 113 (1973), as similar to a Texas statute that was held to violate the

due process clause of the 14th Amendment of the U.S. Constitution. The

unenforceability of the statute following the

Roe v. Wade

decision was noted in a

subsequent decision by a federal district court,

Larkin v. McCann

, 368 F. Supp. 1352

(E.D. Wis. 1974). In June 2022, the United States Supreme Court overturned the

Roe

v. Wade

decision in

Dobbs v. Jackson Women's Health Org.

, 142 S. Ct. 2228 (2022).

Litigation concerning the status of the statute is currently pending in state court.

Kaul v. Urmanski

, No. 22-CV-1594 (Wis. Dane Cty. Cir. Ct. 2022).