2023 - 2024 LEGISLATURE
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2023 SENATE BILL 299
May 18, 2023 - Introduced by Senators FELZKOWSKI, CABRAL-GUEVARA, JAMES,
WANGGAARD and WIMBERGER, cosponsored by Representatives ROZAR,
BINSFELD, DUCHOW, KNODL, RODRIGUEZ, SAPIK, SCHUTT, VOS, AUGUST, BORN,
CALLAHAN, DALLMAN, GREEN, HURD, S. JOHNSON, KITCHENS, KRUG, KURTZ,
MICHALSKI, MURSAU, NEYLON, NOVAK, OLDENBURG, PLUMER, SNYDER, SPIROS,
SUMMERFIELD, SWEARINGEN and WITTKE. Referred to Committee on Licensing,
Constitution and Federalism.
1 AN ACT to create 940.04 (5g), 940.04 (5r) and 940.04 (7) of the statutes; relating
2 to: clarification of medical necessity for abortion and exceptions in cases of rape
3 or incest.
Analysis by the Legislative Reference Bureau
This bill amends 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.
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. The statute does not further define the phrase “to save the life of the
mother.”
The bill amends this statute by specifying that the circumstances under which
the therapeutic abortion exception applies are: 1) when pregnancy is
contraindicated due to a serious risk of death of the pregnant woman or of substantial
and irreversible physical impairment of a major bodily function of the woman; or 2)
in any circumstance in which the fetus has no chance of survival, including a physical
condition of the fetus that makes survival of the fetus outside of the uterus not
possible, an anembryonic pregnancy, an ectopic pregnancy, or a molar pregnancy.
The bill also provides that the phrase “destroy the life” or “destroys the life” as used
 2023 - 2024 Legislature -2- LRB-2151/1
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SENATE BILL 299
in the statute does not include removal of a fetus that no longer has a heartbeat. The
bill further provides that the section does not apply to any pregnancy in the first
trimester if the pregnancy is the result of sexual assault or incest.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
1 SECTION 1. 940.04 (5g) of the statutes is created to read:
2 940.04 (5g) For purposes of sub. (5), “to save the life of the mother” means any
3 of the following:
4 (a) When pregnancy is contraindicated due to a serious risk of death of the
5 pregnant woman or of substantial and irreversible physical impairment of a major
6 bodily function of the woman.
7 (b) Any circumstance in which the fetus has no chance of survival, including
8 a physical condition of the fetus that makes survival of the fetus outside of the uterus
9 not possible, an anembryonic pregnancy, an ectopic pregnancy, or a molar pregnancy.
10 SECTION 2. 940.04 (5r) of the statutes is created to read:
11 940.04 (5r) In this section, the phrase “destroy the life” or “destroys the life”
12 does not include removal of a fetus that no longer has a heartbeat.
13 SECTION 3. 940.04 (7) of the statutes is created to read:
14 940.04 (7) This section does not apply to any pregnancy in the first trimester
15 if the pregnancy is the result of sexual assault or incest.
16 (END)