Wisconsin SB 734: Relating to: the elimination of certain abortion-related regulations.

Bill Text

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2023 - 2024 LEGISLATURE
2023 SENATE BILL 734
November 21, 2023 - Introduced by Senators ROYS, AGARD, CARPENTER, HESSELBEIN,
L. JOHNSON, LARSON, SMITH, SPREITZER, TAYLOR and WIRCH, cosponsored by
Representatives HONG, C. ANDERSON, J. ANDERSON, CLANCY, CONLEY,
CONSIDINE, EMERSON, JACOBSON, JOERS, MADISON, MOORE OMOKUNDE,
NEUBAUER, OHNSTAD, PALMERI, RATCLIFF, SHELTON, SINICKI, SNODGRASS, STUBBS
and SUBECK. Referred to Committee on Licensing, Constitution and
Federalism.
AN ACT to repeal 46.245, 48.067 (7m), 48.16, 48.23 (1m) (cm), 48.235 (1) (d),
48.255 (5), 48.257, 48.27 (9), 48.273 (4), 48.275 (3), 48.29 (3), 48.299 (1) (ar),
48.315 (1m), 48.37 (2), 48.373 (2) and (3), 48.375, 69.186 (1) (hf), 69.186 (1) (j),
69.186 (1) (k), 69.186 (1) (L), 146.89 (3r) (c) 3., 253.095, 253.10, 253.105,
253.107, 441.07 (1g) (f), 457.26 (2) (gm), 632.8985, 809.105, 809.14 (4), 809.62
(2m), 809.82 (2) (c), 895.037, 938.373 (2) and 940.15; to renumber 48.37 (1);
and to amend 48.23 (4) (a), 48.299 (1) (a), 48.299 (1) (ag), 48.299 (1) (b), 48.396
(2) (a), 48.465 (3), 66.1002 (1) (e) 1., 324.02 (8), 448.02 (3) (a), 809.10 (1) (d),
809.24 (4), 809.30 (1) (a), 809.30 (1) (b) 2., 809.30 (2) (a), subchapter IV (title)
of chapter 809 [precedes 809.40], 809.40 (title), 809.40 (1m), 809.801 (5) (c) and
939.75 (2) (b) 1. of the statutes; relating to: the elimination of certain
abortion-related regulations.
Analysis by the Legislative Reference Bureau
This bill repeals various abortion-related laws, including all of the following:
1. The bill eliminates certain specific procedural requirements that must be
met under current law before the performance of an abortion. Current law requires
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SENATE BILL 734
that a person upon whom an abortion is to be performed or induced must give
voluntary and informed written consent to an abortion. For the purposes of an
individual's consent to an abortion, except in a medical emergency, consent is
considered informed only if, before the abortion is performed or induced at a time
specified in current law, the physician or an assistant has, in person, orally provided
the person upon whom an abortion is to be performed with certain information and
given that person certain written materials.
2. The bill eliminates the prohibition on giving a woman an abortion-inducing
drug unless the physician who provides the drug for the woman performs a physical
exam on the woman and is physically present in the room when the drug is given to
the woman.
3. The bill eliminates the prohibition on coverage of abortions by qualified
health plans offered through a health benefit exchange in this state.
4. The bill eliminates the current law requirement for minors to obtain parental
consent or a waiver of parental consent in order to proceed with an abortion.
5. The bill repeals the statute that prohibits the performance of abortions by
a physician who does not have admitting privileges in a hospital within 30 miles of
the location where the abortion is to be performed. This statute was previously held
to be unenforceable by the U.S. Court of Appeals for the 7th Circuit in Planned
Parenthood of Wis., Inc. v. Schimel, 806 F.3d 908 (7th Cir. 2015), which affirmed a
permanent injunction granted by the U.S. District Court for the Western District of
Wisconsin.
6. The bill repeals the criminal penalty on a person who is not a physician and
who intentionally performs an abortion. The bill also repeals the prohibition on
performing an abortion after the fetus or unborn child has reached viability, as well
as the prohibition on abortion if the probable postfertilization age of the fetus or
unborn child is 20 or more weeks.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 46.245 of the statutes is repealed.
SECTION 2. 48.067 (7m) of the statutes is repealed.
SECTION 3. 48.16 of the statutes is repealed.
SECTION 4. 48.23 (1m) (cm) of the statutes is repealed.
SECTION 5. 48.23 (4) (a) of the statutes is amended to read:
48.23 (4) (a) If a child or a parent under 18 years of age has a right to be
represented by counsel or is provided counsel at the discretion of the court under this
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SECTION 5 SENATE BILL 734
section and counsel is not knowingly and voluntarily waived, the court shall refer the
child or parent under 18 years of age to the state public defender and counsel shall
be appointed by the state public defender under s. 977.08 without a determination
of indigency. If the referral is of a child who has filed a petition under s. 48.375 (7),
the state public defender shall appoint counsel within 24 hours after that referral.
Any counsel appointed in a petition filed under s. 48.375 (7) shall continue to
represent the child in any appeal brought under s. 809.105 unless the child requests
substitution of counsel or extenuating c