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Wisconsin Selective Abortion Ban (SB 173)

This law was last updated on Aug 28, 2019


This law is Anti–Choice

State

Wisconsin

Number

SB 173

Status

Proposed

Proposed

Apr 22, 2019

Sponsors

Co-sponsors: 32
Primary Sponsors: 11
Total Sponsors: 43

Topics

Genetic Anomalies, Informed Consent, Sex- or Race-Selective Bans

Full Bill Text

docs.legis.wisconsin.gov

SB 173 would prohibit a person from performing or inducing or attempting to perform or induce an abortion if they know the pregnant person is seeking an abortion solely because of the race, color, national origin, ancestry, or sex of the fetus or solely because the fetus has been diagnosed with—or has a potential diagnosis of—Down syndrome or another congenital disability.

The bill defines congenital disability to mean any “congenital disease, defect, or disorder, except a life-limiting fetal anomaly.”

Informed Consent

Prior to the performance of an abortion, the bill would require the physician or assistant to inform the pregnant person that Wisconsin does not allow an abortion if the reason is due to the race, color, national origin, ancestry, or sex of the fetus or because of a diagnosis or potential diagnosis of Down syndrome or another congenital disability.

Penalties

A district attorney or the attorney general may bring an action to enjoin a person who performs, induces, or attempts an abortion in violation of the prohibitions in the bill. A violation of the terms of an injunction issued as a result of such action constitutes contempt of the order. The court, after a finding of contempt, would impose a forfeiture in an amount of $10,000 for the first violation, $50,000 for a 2nd violation, and $100,000 for each subsequent violation. The court may grant any other relief it determines is just and proper in the circumstances.

The bill would require the state Medical Examining Board to investigate any allegation that a physician has violated the prohibitions.


Related Legislation

Companion bill to AB 182.

Latest Action

4/22/19 – Introduced.


People