SB 804 — Relating to: investigation of any pregnancy outcome and civil and criminal liability exemptions relating to pregnancy outcome.

Summary

An Act to renumber and amend 940.13; to amend 939.75 (2) (b) 1.; to create 20.9278, 175.43, 895.539 (2), 940.11 (4) and 948.23 (4) of the statutes;

Bill Text

• Bill Text View text Current pdf

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

The bill expands legal protections for women regarding pregnancy outcomes, ensuring no penalties or investigations occur due to various outcomes such as stillbirth or miscarriage.

• Wis. Stat. § 940.13

  No fine or imprisonment may be imposed or enforced against and no prosecution may be brought against a woman who obtains an abortion or otherwise violates any provision of any abortion statute with respect to her unborn child or fetus, and s. 939.05, 939.30 or 939.31 does not apply to a woman who obtains an abortion or otherwise violates any provision of any abortion statute with respect to her unborn child or fetus. → No fine or imprisonment may be imposed or enforced against and no prosecution may be brought against a woman who obtains an abortion or otherwise violates any provision of any abortion statute with respect to her unborn child or fetus, and against a woman for the outcome of her own pregnancy, including stillbirth, miscarriage, abortion, or any other pregnancy outcome that does not result in a live birth. Sections 939.05, 939.30 or 939.31 do not apply to a woman who obtains an abortion or otherwise violates any provision of any abortion statute with respect to her unborn child or fetus.

  This change adds protections for women concerning the outcomes of their pregnancies.

• Wis. Stat. § 939.75 (2) (b) 1.

  An act committed during an induced abortion. This subdivision does not limit the applicability of ss. 940.04, 940.13, 940.15 and 940.16 to an induced abortion. → An act committed during an induced abortion. This subdivision does not limit the applicability of ss. 895.539 (1), 940.04, 940.13, 940.15 and 940.16 to an induced abortion.

  This change updates the section to reference the new codification of § 940.13.

• Wis. Stat. § 895.539 (2)

  No woman shall be held civilly liable for, discriminated against, or otherwise punished or penalized for the outcome of her own pregnancy, including stillbirth, miscarriage, abortion, or any other pregnancy outcome that does not result in a live birth.

  This addition creates civil liability protections for women regarding the outcomes of their pregnancies.

• Wis. Stat. § 940.11 (4)

  For purposes of this subsection, 'corpse' does not include fetal tissue that is the result of a pregnancy outcome other than a live birth or stillbirth.

  This addition clarifies the definition of 'corpse' in relation to fetal tissue in specific contexts.

• Wis. Stat. § 20.9278

  No funds of this state or of any county, city, village, town, or long-term care district... shall be authorized for or paid to any person to subsidize, reimburse, or otherwise provide compensation for the investigation of a person as a crime suspect because of any pregnancy outcome that the person has experienced.

  This addition prohibits state funding for investigations related to pregnancy outcomes.

• Wis. Stat. § 175.43

  No law enforcement officer or law enforcement agency may investigate a person as a crime suspect because of any pregnancy outcome that the person has experienced.

  This addition prevents law enforcement from investigating individuals solely based on their pregnancy outcomes.

Action History

1. March 23, 2026

   Failed to pass pursuant to Senate Joint Resolution 1

2. January 07, 2026

   Representative Palmeri added as a cosponsor

3. January 02, 2026

   Read first time and referred to Committee on Judiciary and Public Safety

4. January 02, 2026

   Introduced by Senators Roys, Dassler-Alfheim, L. Johnson, Keyeski, Larson, Ratcliff, Smith, Spreitzer, Wall and Wirch; cosponsored by Representatives Roe, Anderson, Andraca, Arney, Bare, Brown, Clancy, DeSmidt, Emerson, Goodwin, Hysell, Joers, Johnson, Kirsch, Madison, Miresse, Rivera-Wagner, Sheehan, Sinicki, Snodgrass, Stroud, Stubbs, Subeck, Tenorio, Udell and Prado

Sponsors

• Roe · Cosponsor
• Andraca · Cosponsor
• Arney · Cosponsor
• Bare · Cosponsor
• Brown · Cosponsor
• Clancy · Cosponsor
• DeSmidt · Cosponsor
• Emerson · Cosponsor
• Goodwin · Cosponsor
• Hysell · Cosponsor
• Joers · Cosponsor
• Kirsch · Cosponsor
• Madison · Cosponsor
• Miresse · Cosponsor
• Rivera-Wagner · Cosponsor
• Sheehan · Cosponsor
• Sinicki · Cosponsor
• Snodgrass · Cosponsor
• Stroud · Cosponsor
• Stubbs · Cosponsor
• Subeck · Cosponsor
• Tenorio · Cosponsor
• Udell · Cosponsor
• Prado · Cosponsor
• Kelda Roys · Primary
• Kristin Dassler-Alfheim · Cosponsor
• LaTonya Johnson · Cosponsor
• Sarah Keyeski · Cosponsor
• Chris Larson · Cosponsor
• Melissa Ratcliff · Cosponsor
• Jeff Smith · Cosponsor
• Mark Spreitzer · Cosponsor
• Jamie Wall · Cosponsor
• Robert Wirch · Cosponsor
• J ANDERSON · Cosponsor
• LaTonya Johnson · Cosponsor

Subjects