Skip to content
Bills from the 2025–26 session

Assembly Bill 382

Requirements for children born alive following abortion or attempted abortion and providing a penalty

Topics: Abortion, Crime and criminals, Damage (personal injury), Hospitals and health care facilities, Legislature: Criminal Penalties, Joint Review Committee on, Nurses, Physician

Stopped in committee

It never got a ⁠, so it never came up for a vote. The last day for votes this session was Mar 19, 2026. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Jul 31, 2025

  2. Committee, stopped here

    Stopped here. No public hearing was held.

  3. Assembly vote, not reached

  4. Senate vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Mar 23, 2026: “Failed to pass pursuant to ⁠”

It never got a hearing in the Assembly Committee on Criminal Justice and Public Safety. The committee's chair at the time was John Spiros. Chairs decide which bills get a hearing. See every bill that never got a hearing this session.

Read the bill

Following saves it on this device. New actions show on your Following page. You can also get updates in a feed reader.

Embed this on your site

Paste this code into your page. The card shows the latest record each time it loads. Preview the card

The same bill was also filed in the Senate as SB 384. That version died when the session ended.

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. The 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 representatives are its ⁠. All 19 are Republicans.

10 more lawmakers ⁠.

See all 29 names

Authors (19)

Signed on in support (10)

What happened

  1. Mar 23, 2026

    The session ended, and the bill died with it.

  2. Aug 27, 2025

    1 more representative signed on in support.

  3. Jul 31, 2025

    Sent to the Assembly Committee on Criminal Justice and Public Safety.

  4. Jul 31, 2025

    Introduced in the Assembly.

See the official record, word for word
  1. Jul 31, 2025 · Assembly

    Introduced by Representatives Goeben, Penterman, Brill, B. Jacobson, Behnke, Moses, Maxey, Steffen, Callahan, Dittrich, Kreibich, Murphy, Green, Piwowarczyk, Melotik, Neylon, Knodl, Hurd and Nedweski; cosponsored by Senators Wimberger, Felzkowski, Wanggaard, Quinn, Kapenga, Jagler, Nass, Tomczyk and Bradley

  2. Jul 31, 2025 · Assembly

    Read first time and referred to Committee on Criminal Justice and Public Safety

  3. Aug 27, 2025 · Assembly

    Representative Gustafson added as a coauthor

  4. Mar 23, 2026 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Public hearing

A meeting where anyone can speak to a committee about a bill, or send written comments.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. 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

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

Public hearing

A meeting where anyone can speak to a committee about a bill, or send written comments.

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

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