Senate Bill 384 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 and diligence 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 charge for intentionally causing the death of a child born alive as a result of an abortion, carrying a penalty of life imprisonment, akin to first-degree intentional homicide. The mother is also protected from prosecution under this provision. The bill allows women who have undergone an abortion to seek civil damages for violations of the law, including compensation for personal injury and emotional distress, and it provides for the recovery of attorney fees in certain circumstances. The legislation emphasizes confidentiality for women involved in such cases and clarifies that it does not create or recognize a right to abortion.