Assembly Bill 382 establishes new legal requirements for health care providers in Wisconsin regarding children born alive following an abortion or attempted abortion. The bill mandates that any health care provider present at such an event must exercise the same level of care to preserve the life and health of the child as they would for any other child born alive at the same gestational age. Additionally, the bill requires that the child be immediately transported to a hospital. Health care providers or employees who are aware of non-compliance with these requirements must report it to law enforcement. Violations of these provisions are classified as a Class H felony, with penalties including fines up to $10,000 and imprisonment for up to six years, although the mother of the child is exempt from prosecution under this section.

Furthermore, the bill introduces a new felony offense for intentionally causing the death of a child born alive as a result of an abortion, which carries a penalty of life imprisonment, similar to first-degree intentional homicide. The mother of the child is also protected from prosecution under this provision. The bill allows women who have undergone an abortion to seek damages for personal injury and emotional distress against violators of the law, with potential awards including three times the cost of the abortion and reasonable attorney fees. The bill also includes provisions for confidentiality in court proceedings and clarifies that it does not create or recognize a right to abortion.