Wisconsin 2023-2024 Regular Session Status: To Executive Bipartisan · 28 R · 1 D cosponsors

AB 975 — Relating to: abortion if the probable postfertilization age of an unborn child is 14 or more weeks and requiring a referendum. (FE)

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

In plain language

The bill regulates abortions based on the postfertilization age of the unborn child and includes specific exceptions.

This bill sets conditions under which physicians may perform abortions based on the postfertilization age, allowing exceptions for medical emergencies and pregnancies resulting from sexual assault or incest. It also stipulates that physicians must determine the postfertilization age before performing the procedure.

Bill Text

What changed in the latest version

109 added · 35 removed

Plain-language change summary

The amendments to AB 975 shift the restrictions on abortion by lowering the threshold for when abortions are prohibited from 20 weeks to 14 weeks postfertilization. This means that, except in medical emergencies, abortions would no longer be permitted once the unborn child is 14 weeks old. Additionally, the amendments clarify that physicians are expected to determine the postfertilization age before performing an abortion, and they are also protected from legal repercussions if a medical intervention necessary to save a woman's life unintentionally harms the unborn child. These changes significantly impact access to abortion services in the state.

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Previous
Latest
- 2024 LEGISLATURE LRBa1013/1 SWB&JPC:amn ASSEMBLY AMENDMENT 3, TO ASSEMBLY BILL 975 January 23, 2024 - Offered by Representative OZAR.
- 2024 LEGISLATURE LRB-5521/1 SWB/JPC/CMH:cdc ASSEMBLY BILL 975 January 19, 2024 - Introduced by Representatives N EDWESKI, ROZAR, BINSFELD, D ITTRICH, DUCHOW , HURD , ARMSTRONG , AUGUST, BORN , BROOKS, CALLAHAN , D ALLMAN , DONOVAN , GREEN, S.
At the locations indicated, amend the bill as follows:
JOHNSON , KITCHENS, KURTZ , KRUG, M ACCO, M ELOTIK, MICHALSKI, MOSES , MURSAU, NEYLON , NOVAK, OLDENBURG , LUMER , S CHMIDT, NYDER , ORTWELL , PIROS, SUMMERFIELD , WEARINGEN , VOS, WITTKE and Z IMMERMAN , cosponsored by Senators F ELZKOWSKI, KNODL , ESTIN and JAMES .
1.
Referred to Committee on Health, Aging and Long-Term Care.
Page 3, line 2:
A N A CT to amend 69.186 (1) (k), 69.186 (1) (L), 253.107 (title) and 253.107 (3) (a) and (b);
after that line insert:
and to repeal and recreate 253.107 (3) (title) of the statutes;
“S ECTION 3m.
relating to:
253.107 (2) of the statutes is amended to read:
abortion if the probable postfertilization age of an unborn child is 14 or more weeks and requiring a referendum.
253.107 (2) PROBABLE POSTFERTILIZATION AGE.Except in the case of a medical emergency and except as provided in sub.
Analysis by the Legislative Reference Bureau Current law regulates the performance of abortions in a number of ways, including prohibiting the performance or inducement of an abortion, or an attempt to perform or induce an abortion, if the postfertilization age of the unborn child is 20 or more weeks, except in the case of a medical emergency.
(3m), no physician may perform or induce an abortion, or attempt to perform or induce an abortion, unless the physician performing or inducing it has first made a determination of the probable postfertilization age of the unborn child or relied upon such a determination made by another physician.”.
Current law defines the postfertilization age of the unborn child to mean the number of weeks that have elapsed from the probable time of fertilization of a woman's ovum.
2.
This bill retains that definition and amends the 20-week prohibition to prohibit any person from performing, inducing, or attempting to perform or induce an abortion if the probable postfertilization age of the unborn child is 14 or more weeks, except in the case of a medical emergency.
Page 3, line 19:
Under the bill, as under current law, a medical emergency means a condition, in a physician's reasonable medical judgment, that so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a 24-hour delay in performance or inducement of an abortion will create serious risk of substantial and irreversible impairment of one or more of the woman's major bodily functions.
after that line insert:
- 2024 Legislature - 2 - LRB-5521/1 SWB/JPC/CMH:cdc ASSEMBLY BILL 975 This bill requires a referendum before giving effect to the prohibition created in the bill.
“S ECTION 5m.
Under the bill, at the April 2024 election, the electors would vote on the question whether the statutory provisions treated in the bill shall take effect “thus prohibiting under Wisconsin Statutes an abortion if the probable postfertilization age of the unborn child is 14 or more weeks, except in the case of a medical emergency?”.
253.107 (3) (c) of the statutes is created to read:
If a majority of votes cast in the election approves the question, the prohibition takes effect on the day after the election results are certified.
253.107 (3) (c) No physician who performs a medical intervention designed or intended to prevent the death of a pregnant woman is considered to have violated LRBa1013/1 - 2024 Legislature - 2 - SWB&JPC:amn this section, except that the physician shall make reasonable medical efforts under the circumstances to preserve both the life of the woman and the life of the unborn child in a manner consistent with conventional medical practice as provided in par.
If the question is not approved by a majority of votes cast, this act does not take effect.
(b).
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
Medical treatment provided to the woman by a physician that results in accidental or unintentional injury or death to the unborn child is not a violation of this section.”.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
3.
SECTION 1.
Page 3, line 20:
69.186 (1) (k) of the statutes is amended to read:
before that line insert:
69.186 (1) (k) If the probable postfertilization age of the unborn child, as defined in s.
“S ECTION 5r.
253.107 (1) (c), is considered to be capable of experiencing pain under s.
253.107 (3m) of the statutes is created to read:
253.107 (3) (a) 14 or more weeks, the nature of the medical emergency, as defined in s.
253.107 (3m) E XCEPTIONS.This section does not apply to an abortion if the abortion is performed or induced on a pregnant woman whose pregnancy is the result of sexual assault or incest.”.
253.10 (2) (d), that the pregnant woman had.
4.
SECTION 2.
Page 3, line 25:
69.186 (1) (L) of the statutes is amended to read:
after “emergency" insert “or if the pregnancy is the result of sexual assault or incest".
69.186 (1) (L) If the probable postfertilization age of thenborn child, as defined in s.
5.
253.107 (1) (c), is considered to be capable of experiencing pain under s.
Page 4, line 7:
253.107 (3) (a) 14 or more weeks, a statement whether the method of abortion used was one that, in reasonable medical judgment, provided the best opportunity for the unborn child to survive or, if such a method was not used, the basis of the determination that termination of the pregnancy in that manner posed a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the woman than other available methods.
delete “and (b)" and substitute “(b), and (c)".
SECTION 3.
253.107 (title) of the statutes is amended to read:
LRB-5521/1 - 2024 Legislature - 3 - SWB/JPC/CMH:cdc SECTION 3 ASSEMBLY BILL 975 253.107 (title) Probable postfertilization age;
later-termbortions at 14 or more weeks.
SECTION 4.
253.107 (3) (title) of the statutes is repealed and recreated to read:
253.107 (3) (titleBORTIONS AT 14 OR MORE WEEKS.
SECTION 5.
253.107 (3) (a) and (b) of the statutes are amended to read:
253.107 (3) (a) No person shall perform or induce or attempt to perform or induce an abortion upon a woman when the probable postfertilization age of the unborn child is considered capable of experiencing pain 14 or more weeks unless the woman is undergoing a medical emergency.
For purposes of this subsection, an unborn child is considered to be capable of experiencing pain if the probable postfertilization age of the unborn child is 20 or more weeks.
(b) When the probable postfertilization age of the unborn child is considered capable of experiencing pain 14 or more weeks and the pregnant woman is undergoing a medical emergency, the physician shall terminate the pregnancy in the manner that, in reasonable medical judgment, provides the best opportunity for the unborn child to survive, unless the termination of the pregnancy in that manner poses a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the woman than other available methods.
Show all 55 changed rows (15 more)
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Latest
SECTION 6.0Nonstatutory provisions.
(1) There shall be submitted to the vote of the electors at the April 2024 election the following question:
“Shall the statutory provisions treated in 2023 Wisconsin Act ....
(this act) take effect, thus prohibiting under Wisconsin Statutes an abortion if the probable postfertilization age of the unborn child is 14 or more weeks, except in the case of a medical emergency?”.
- 2024 Legislature - 4 - LRB-5521/1 SWB/JPC/CMH:cdc ASSEMBLY BILL 975 S ECTION 6 (2) The requirement under s.
8.37 that the referendum question shall be filed with the official or agency preparing the ballot for the election no later than 70 days before the election shall not apply to the referendum question that is to be submitted to the voters under sub.
(1).
(3) If the question under sub.
(1) is approved by a majority of all votes cast on the question at the April 2024 election, the treatment of ss.
69.186 (1) (k) and (L) and 253.107 (title) and (3) (title), (a), and (b) by this act shall take effect.
Otherwise, the treatment of those statutory provisions by this act shall not take effect.
SECTION 7.Effective dates.
This act takes effect on the day after the election results regarding the question under S ECTION (6) (1) of this act are certified as provided under s.
7.70 if the condition set forECTIONS6 (3) of this act is satisfied, except as follows:
(1) SECTION 6 of this act takes effect on the day after publication.
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How this bill changes current law

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Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill creates exceptions to abortion restrictions in cases of sexual assault or incest and clarifies the legal protections for physicians performing medical interventions to save a pregnant woman's life.

  • 253.107(2)

    Except in the case of a medical emergency, → Except in the case of a medical emergency and except as provided in sub. (3m),

    This change adds a specific exception regarding cases that involve sexual assault or incest.

  • 253.107 (3m) EXCEPTIONS. This section does not apply to an abortion if the abortion is performed or induced on a pregnant woman whose pregnancy is the result of sexual assault or incest.

    This creates a new exception to the abortion prohibition for pregnancies resulting from sexual assault or incest.

  • 253.107(3)(c)

    No physician who performs a medical intervention designed or intended to prevent the death of a pregnant woman is considered to have violated this section, except that the physician shall make reasonable medical efforts under the circumstances to preserve both the life of the woman and the life of the unborn child in a manner consistent with conventional medical practice as provided in par. (b). Medical treatment provided to the woman by a physician that results in accidental or unintentional injury or death to the unborn child is not a violation of this section.

    This clarifies that physicians can perform life-saving medical interventions without the risk of violating the abortion law.

  • 253.107(3)

    unless the woman is undergoing a medical emergency. → unless the woman is undergoing a medical emergency or if the pregnancy is the result of sexual assault or incest.

    This change broadens the circumstances under which an abortion can be performed without penalties.

  • 253.107(5)(a)2.

    unless the pregnancy is the result of sexual assault under s. 940.225 (1), (2), or (3) or incest under s. 948.06 (1) or (1m).

    This change removes the restriction on who can bring claims for damages, thereby allowing fathers to pursue claims even if the pregnancy results from sexual assault or incest.

Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Read first time and referred to committee on Licensing, Constitution and Federalism

  3. Senator Wanggaard added as a cosponsor

  4. Received from Assembly

  5. Ordered immediately messaged

  6. Read a third time and passed, Ayes 53, Noes 46

  7. Rules suspended

  8. Ordered to a third reading

  9. Assembly Amendment 3 adopted

  10. Decision of the Chair upheld, Ayes 92, Noes 7

  11. Decision of the Chair appealed

  12. Point of order that Assembly Substitute Amendment 1 not germane under Assembly Rule 54 (3)(f) well taken

  13. Assembly Substitute Amendment 1 offered by Representative Wichgers

  14. Decision of the Chair upheld, Ayes 92, Noes 7

  15. Decision of the Chair appealed

  16. Point of order that Assembly Substitute Amendment 2 not germane under Assembly Rule 54 (3)(f) well taken

  17. Assembly Substitute Amendment 2 offered by Representative Wichgers

  18. Decision of the Chair upheld, Ayes 91, Noes 8

  19. Decision of the Chair appealed

  20. Point of order that Assembly Substitute Amendment 3 not germane under Assembly Rule 54 (3)(f) well taken

  21. Assembly Substitute Amendment 3 offered by Representative Wichgers

  22. Decision of the Chair upheld, Ayes 92, Noes 7

  23. Decision of the Chair appealed

  24. Point of order that Assembly Substitute Amendment 4 not germane under Assembly Rule 54 (3)(f) well taken

  25. Assembly Substitute Amendment 4 offered by Representative Wichgers

  26. Decision of the Chair upheld, Ayes 90, Noes 9

  27. Decision of the Chair appealed

  28. Point of order that Assembly Substitute Amendment 5 not germane under Assembly Rule 54 (3)(f) well taken

  29. Assembly Substitute Amendment 5 offered by Representative Wichgers

  30. Read a second time

  31. LRB correction (Assembly Amendment 3)

  32. Made a special order of business at 10:30 AM on 1-25-2024 pursuant to Assembly Resolution 23

  33. Referred to committee on Rules

  34. Report passage as amended recommended by Committee on Health, Aging and Long-Term Care, Ayes 9, Noes 7

  35. Report Assembly Amendment 3 adoption recommended by Committee on Health, Aging and Long-Term Care, Ayes 9, Noes 7

  36. Executive action taken

  37. Assembly Amendment 3 offered by Representative Rozar

  38. Assembly Amendment 2 offered by Representative Rozar

  39. Public hearing held

  40. Assembly Amendment 1 offered by Representative Rozar

  41. Representative Melotik withdrawn as a coauthor

  42. Read first time and referred to Committee on Health, Aging and Long-Term Care

  43. Introduced by Representatives Nedweski, Rozar, Binsfeld, Dittrich, Duchow, Hurd, Armstrong, August, Born, Brooks, Callahan, Dallman, Donovan, Green, S. Johnson, Kitchens, Kurtz, Krug, Macco, Melotik, Michalski, Moses, Mursau, Neylon, Novak, Oldenburg, Plumer, Schmidt, Snyder, Sortwell, Spiros, Summerfield, Swearingen, Vos, Wittke and Zimmerman; cosponsored by Senators Felzkowski, Knodl, Testin and James

Sponsors

Sponsorship breakdown

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36 sponsors · 0 co-sponsors · 96 not signed on · 32 voted No

Sponsors (36)

Co-sponsors (0)

None.

Not signed on (96)

96 members have not signed on to this bill.

Show all 96 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SHALL THE DECISION OF THE CHAIR STAND

Passed 91 Yea · 8 Nay
Party YeaNayPresentNot Voting
Republican 40500
Democrat 24000
Unaffiliated 27300
Total 91800
% of votes cast 92%8%0%0%
How each member voted (99)
Member Party Vote
BALDEH — Yea
BINSFELD — Yea
BODDEN — Nay
BRANDTJEN — Nay
CABRERA — Yea
CONLEY — Yea
CONSIDINE — Yea
EDMING — Yea
GOYKE — Yea
JOHNSON — Nay
KATSMA — Yea
MACCO — Yea
MAGNAFICI — Yea
MICHALSKI — Yea
MYERS — Yea
OHNSTAD — Yea
OLDENBURG — Yea
PETRYK — Yea
PLUMER — Yea
RETTINGER — Yea
RIEMER — Yea
ROZAR — Yea
SAPIK — Yea
SCHMIDT — Yea
SCHRAA — Yea
SCHUTT — Yea
SHANKLAND — Yea
SHELTON — Yea
SPEAKER — Yea
ANDERSON, J — Yea
Anderson, Clinton Democrat Yea
Andraca, Deb Democrat Yea
Bare, Mike Democrat Yea
Billings, Jill Democrat Yea
Clancy, Ryan Democrat Yea
Doyle, Steve Democrat Yea
Drake, Dora Democrat Yea
Emerson, Jodi Democrat Yea
Haywood, Kalan Democrat Yea
Hong, Francesca Democrat Yea
Jacobson, Jenna Democrat Yea
Joers, Alex Democrat Yea
Madison, Darrin Democrat Yea
McGuire, Tip Democrat Yea
Moore Omokunde, Supreme Democrat Yea
Neubauer, Greta Democrat Yea
Ortiz-Velez, Sylvia Democrat Yea
Palmeri, Lori Democrat Yea
Ratcliff, Melissa Democrat Yea
Sinicki, Christine Democrat Yea
Snodgrass, Lee Democrat Yea
Stubbs, Shelia Democrat Yea
Subeck, Lisa Democrat Yea
Vining, Robyn Democrat Yea
Allen, Scott Republican Nay
Armstrong, David Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Donovan, Bob Republican Yea
Duchow, Cindi Republican Yea
Goeben, Joy Republican Nay
Green, Chanz Republican Yea
Gundrum, Rick Republican Nay
Gustafson, Nate Republican Yea
Hurd, Karen Republican Yea
Kitchens, Joel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Maxey, Dave Republican Nay
Melotik, Paul Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Nedweski, Amanda Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
O'Connor, Jerry Republican Yea
Penterman, William Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Nay
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

Official roll call →

PASSAGE

Passed 53 Yea · 46 Nay
Party YeaNayPresentNot Voting
Republican 38700
Democrat 02400
Unaffiliated 151500
Total 534600
% of votes cast 54%46%0%0%
How each member voted (99)
Member Party Vote
BALDEH — Nay
BINSFELD — Yea
BODDEN — Nay
BRANDTJEN — Nay
CABRERA — Nay
CONLEY — Nay
CONSIDINE — Nay
EDMING — Yea
GOYKE — Nay
JOHNSON — Yea
KATSMA — Yea
MACCO — Yea
MAGNAFICI — Nay
MICHALSKI — Yea
MYERS — Nay
OHNSTAD — Nay
OLDENBURG — Yea
PETRYK — Yea
PLUMER — Yea
RETTINGER — Yea
RIEMER — Nay
ROZAR — Yea
SAPIK — Yea
SCHMIDT — Yea
SCHRAA — Nay
SCHUTT — Yea
SHANKLAND — Nay
SHELTON — Nay
SPEAKER — Yea
ANDERSON, J — Nay
Anderson, Clinton Democrat Nay
Andraca, Deb Democrat Nay
Bare, Mike Democrat Nay
Billings, Jill Democrat Nay
Clancy, Ryan Democrat Nay
Doyle, Steve Democrat Nay
Drake, Dora Democrat Nay
Emerson, Jodi Democrat Nay
Haywood, Kalan Democrat Nay
Hong, Francesca Democrat Nay
Jacobson, Jenna Democrat Nay
Joers, Alex Democrat Nay
Madison, Darrin Democrat Nay
McGuire, Tip Democrat Nay
Moore Omokunde, Supreme Democrat Nay
Neubauer, Greta Democrat Nay
Ortiz-Velez, Sylvia Democrat Nay
Palmeri, Lori Democrat Nay
Ratcliff, Melissa Democrat Nay
Sinicki, Christine Democrat Nay
Snodgrass, Lee Democrat Nay
Stubbs, Shelia Democrat Nay
Subeck, Lisa Democrat Nay
Vining, Robyn Democrat Nay
Allen, Scott Republican Nay
Armstrong, David Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Nay
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Donovan, Bob Republican Yea
Duchow, Cindi Republican Yea
Goeben, Joy Republican Nay
Green, Chanz Republican Yea
Gundrum, Rick Republican Nay
Gustafson, Nate Republican Yea
Hurd, Karen Republican Yea
Kitchens, Joel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Maxey, Dave Republican Nay
Melotik, Paul Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Nedweski, Amanda Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
O'Connor, Jerry Republican Nay
Penterman, William Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Nay
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors AB 975?
AB 975 is sponsored by Nedweski, Amanda (Republican), Rozar, Binsfeld, Dittrich, Barbara (Republican), Duchow, Cindi (Republican), Hurd, Karen (Republican), Armstrong, David (Republican), August, Tyler (Republican), Born, Mark (Republican), Brooks, Robert (Republican), Callahan, Calvin (Republican), Dallman, Alex (Republican), Donovan, Bob (Republican), Green, Chanz (Republican), Kitchens, Joel (Republican), Kurtz, Tony (Republican), Krug, Scott (Republican), Macco, Melotik, Paul (Republican), Michalski, Moses, Clint (Republican), Mursau, Jeffrey (Republican), Neylon, Adam (Republican), Novak, Todd (Republican), Oldenburg, Plumer, Schmidt, Snyder, Patrick (Republican), Sortwell, Shae (Republican), Spiros, John (Republican), Summerfield, Rob (Republican), Swearingen, Rob (Republican), Vos, Robin (Republican), Wittke, Robert (Republican), Zimmerman, Shannon (Republican), and Johnson, Tara (Democrat).
What is the current status of AB 975?
This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 975?
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