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Wisconsin Legislature: AB546: Bill Text
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AB546: Bill Text
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2025 - 2026 LEGISLATURE
LRB-0966/1
SWB:cjs&wlj
2025 ASSEMBLY BILL 546
October 15, 2025 - Introduced by Representatives
Goeben
,
Gustafson
,
Brill
,
Maxey
,
Penterman
,
Murphy
,
Allen
,
Gundrum
,
Piwowarczyk
,
B. Jacobson
,
Tusler
,
Tittl
,
O'Connor
,
Kreibich
,
Dittrich
,
Behnke
,
Knodl
,
Armstrong
,
Green
,
Mursau
and
Hurd
, cosponsored by Senators
Quinn
,
Jacque
,
Jagler
,
Tomczyk
,
Wanggaard
,
Marklein
,
Bradley
and
Nass
. Referred to Committee on Health, Aging and Long-Term Care.
AB546,1,8
1
An Act
to renumber
48.375 (2) (a), 69.01 (13m) and 253.10 (2) (a);
to
2
renumber and amend
20.927 (1g), 939.75 (2) (a) and 940.15 (1);
to amend
3
253.10 (2) (h);
to create
20.927 (1g) (a) 2., 20.927 (1g) (b), 20.927 (1g) (c),
4
20.927 (1g) (d), 48.375 (2) (a) 2., 48.375 (2) (bm), 48.375 (2) (dm), 48.375 (2) (f),
5
69.01 (1m), 69.01 (9), 69.01 (13m) (b), 69.01 (16p), 253.10 (2) (a) 2., 253.10 (2)
6
(bm), 253.10 (2) (cm), 253.10 (2) (dm), 939.75 (2) (a) 1., 939.75 (2) (a) 2., 939.75
7
(2) (a) 4., 940.15 (1) (a), 940.15 (1) (b), 940.15 (1) (c) and 940.15 (1) (d) of the
8
statutes;
relating to:
limitations on the definition of abortion.
Analysis by the Legislative Reference Bureau
This bill amends the definition of abortion, for purposes of requiring voluntary and informed consent for abortions, to except from the definition of abortion a physician’s performance of a medical procedure or treatment designed or intended to prevent the death of a pregnant woman and not designed or intended to kill the unborn child, including an early induction or cesarean section performed due to a medical emergency or the removal of a dead embryo or dead fetus, or an ectopic, anembryonic, or molar pregnancy, which results in injury to or death of the woman’s unborn child when the physician makes reasonable medical efforts under the circumstances to preserve both the life of the woman and the life of her unborn child according to reasonable medical judgment and appropriate interventions for the gestational age of the child. The definition of abortion that applies for purposes of requiring voluntary and informed consent for abortions also applies to certain other abortion-related provisions, including prohibitions on funding for abortion-related activities, limitations on the prescription and use of abortion-inducing drugs, and the prohibition on abortion if the probable postfertilization age of the unborn child is 20 or more weeks. The bill makes the same change to the definition of abortion or induced abortion in other abortion-related provisions, including prohibitions on the subsidy of abortion, parental consent requirements for performance or inducement of an abortion on or for an unemancipated minor, induced abortion reporting requirements, and the exemption of induced abortion from certain crimes relating to death or harm to an unborn child.
The bill further specifies that, for purposes of a statutory provision prohibiting, with certain exceptions, abortion after a fetus or unborn child reaches viability, abortion does not include a physician’s performance of a medical procedure or treatment designed or intended to prevent the death of a pregnant woman and not designed or intended to kill the unborn child, including an early induction or cesarean section performed due to a medical emergency or the removal of a dead embryo or dead fetus, or an ectopic, anembryonic, or molar pregnancy, which results in injury to or death of the woman’s unborn child when the physician makes reasonable medical efforts under the circumstances to preserve both the life of the woman and the life of her unborn child according to reasonable medical judgment and appropriate interventions for the gestational age of the child.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB546,1
1
Section
1
.
20.927 (1g) of the statutes is renumbered 20.927 (1g) (intro.) and
2
amended to read:
AB546,2,3
3
20.927
(1g)
(intro.) In this section
, “abortion”
:
AB546,2,5
4
(a) 1. “Abortion”
means the intentional destruction of the life of an unborn
5
child
, and “unborn child”
.
AB546,2,7
6
(f) “Unborn child”
means a human being from the time of
conception
7
fertilization
until
it is born alive
birth
.
AB546,2
8
Section
2
.
20.927 (1g) (a) 2. of the statutes is created to read:
AB546,3,10
1
20.927
(1g)
(a) 2. “Abortion” does not include a physician’s performance of a
2
medical procedure or treatment designed or intended to prevent the death of a
3
pregnant woman and not designed or intended to kill the unborn child, including an
4
early induction or cesarean section performed due to a medical emergency or the
5
removal of a dead embryo or dead fetus, or an ectopic pregnancy, anembryonic
6
pregnancy, or molar pregnancy, which results in injury to or death of the woman’s
7
unborn child when the physician makes reasonable medical efforts under the
8
circumstances to preserve both the life of the woman and the life of her unborn child
9
according to reasonable medical judgment and appropriate interventions for the
10
gestational age of the child.
AB546,3
11
Section
3
.
20.927 (1g) (b) of the statutes is created to read:
AB546,3,14
12
20.927
(1g)
(b) “Anembryonic pregnancy” means a pregnancy in which
13
implantation occurs, but the embryo fails to develop, and the gestational sac and
14
placenta grow, but the gestational sac remains empty.
AB546,4
15
Section
4
.
20.927 (1g) (c) of the statutes is created to read:
AB546,3,17
16
20.927
(1g)
(c) “Ectopic pregnancy” means a pregnancy in which the embryo
17
implants outside of the uterus, most commonly in the fallopian tube.
AB546,5
18
Section
5
.
20.927 (1g) (d) of the statutes is created to read:
AB546,3,21
19
20.927
(1g)
(d) “Molar pregnancy” means an abnormal pregnancy that occurs
20
when a sperm fertilizes an egg that does not contain any genetic material and that
21
cannot develop normally.
AB546,6
22
Section
6
.
48.375 (2) (a) of the statutes is renumbered 48.375 (2) (a) 1.
AB546,7
23
Section
7
.
48.375 (2) (a) 2. of the statutes is created to read:
AB546,4,9
24
48.375
(2)
(a) 2. “Abortion” does not include a physician’s performance of a
1
medical procedure or treatment designed or intended to prevent the death of a
2
pregnant woman and not designed or intended to kill the unborn child, including an
3
early induction or cesarean section performed due to a medical emergency or the
4
removal of a dead embryo or dead fetus, or an ectopic pregnancy, anembryonic
5
pregnancy, or molar pregnancy, which results in injury to or death of the woman’s
6
unborn child when the physician makes reasonable medical efforts under the
7
circumstances to preserve both the life of the woman and the life of her unborn child
8
according to reasonable medical judgment and appropriate interventions for the
9
gestational age of the child.
AB546,8
10
Section
8
.
48.375 (2) (bm) of the statutes is created to read:
AB546,4,12
11
48.375
(2)
(bm) “Anembryonic pregnancy” has the meaning given in s. 20.927
12
(1g) (b).
AB546,9
13
Section
9
.
48.375 (2) (dm) of the statutes is created to read:
AB546,4,15
14
48.375
(2)
(dm) “Ectopic pregnancy” has the meaning given in s. 20.927 (1g)
15
(c).
AB546,10
16
Section
10
.
48.375 (2) (f) of the statutes is created to read:
AB546,4,17
17
48.375
(2)
(f) “Molar pregnancy” has the meaning given in s. 20.927 (1g) (d).
AB546,11
18
Section
11
.
69.01 (1m) of the statutes is created to read:
AB546,4,20
19
69.01
(1m)
“Anembryonic pregnancy” has the meaning given in s. 20.927 (1g)
20
(b).
AB546,12
21
Section
12
.
69.01 (9) of the statutes is created to read:
AB546,4,22
22
69.01
(9)
“Ectopic pregnancy” has the meaning given in s. 20.927 (1g) (c).
AB546,13
23
Section
13
.
69.01 (13m) of the statutes is renumbered 69.01 (13m) (a).
AB546,14
24
Section
14
.
69.01 (13m) (b) of the statutes is created to read:
AB546,5,10
1
69.01
(13m)
(b) “Induced abortion” does not include a physician’s
2
performance of a medical procedure or treatment designed or intended to prevent
3
the death of a pregnant woman and not designed or intended to kill the unborn
4
child, including an early induction or cesarean section performed due to a medical
5
emergency or the removal of a dead embryo or dead fetus, or an ectopic pregnancy,
6
anembryonic pregnancy, or molar pregnancy, which results in injury to or death of
7
the woman’s unborn child when the physician makes reasonable medical efforts
8
under the circumstances to preserve both the life of the woman and the life of her
9
unborn child according to reasonable medical judgment and appropriate
10
interventions for the gestational age of the child.
AB546,15
11
Section
15
.
69.01 (16p) of the statutes is created to read:
AB546,5,12
12
69.01
(16p)
“Molar pregnancy” has the meaning given in s. 20.927 (1g) (d).
AB546,16
13
Section
16
.
253.10 (2) (a) of the statutes is renumbered 253.10 (2) (a) 1.
AB546,17
14
Section
17
.
253.10 (2) (a) 2. of the statutes is created to read:
AB546,5,24
15
253.10
(2)
(a) 2. “Abortion” does not include a physician’s performance of a
16
medical procedure or treatment designed or intended to prevent the death of a
17
pregnant woman and not designed or intended to kill the unborn child, including an
18
early induction or cesarean section performed due to a medical emergency or the
19
removal of a dead embryo or dead fetus, or an ectopic pregnancy, anembryonic
20
pregnancy, or molar pregnancy, which results in injury to or death of the woman’s
21
unborn child when the physician makes reasonable medical efforts under the
22
circumstances to preserve both the life of the woman and the life of her unborn child
23
according to reasonable medical judgment and appropriate interventions for the
24
gestational age of the child.
AB546,18
1
Section
18
.
253.10 (2) (bm) of the statutes is created to read:
AB546,6,3
2
253.10
(2)
(bm) “Anembryonic pregnancy” has the meaning given in s. 20.927
3
(1g) (b).
AB546,19
4
Section
19
.
253.10 (2) (cm) of the statutes is created to read:
AB546,6,6
5
253.10
(2)
(cm) “Ectopic pregnancy” has the meaning given in s. 20.927 (1g)
6
(c).
AB546,20
7
Section
20
.
253.10 (2) (dm) of the statutes is created to read:
AB546,6,8
8
253.10
(2)
(dm) “Molar pregnancy” has the meaning given in s. 20.927 (1g) (d).
AB546,21
9
Section
21
.
253.10 (2) (h) of the statutes is amended to read:
AB546,6,10
10
253.10
(2)
(h) “Viability” has the meaning given in s. 940.15 (1)
(e)
.
AB546,22
11
Section
22
.
939.75 (2) (a) of the statutes is renumbered 939.75 (2) (a) (intro.)
12
and amended to read:
AB546,6,13
13
939.75
(2)
(a) (intro.) In this subsection
, “induced abortion”
:
AB546,7,3
14
3. “Induced abortion”
means the use of any instrument, medicine, drug or
15
other substance or device in a medical procedure with the intent to terminate the
16
pregnancy of a woman and with an intent other than to increase the probability of
17
a live birth, to preserve the life or health of the infant after live birth or to remove a
18
dead fetus.
“Induced abortion” does not include a physician’s performance of a
19
medical procedure or treatment designed or intended to prevent the death of a
20
pregnant woman and not designed or intended to kill the unborn child, including an
21
early induction or cesarean section performed due to a medical emergency or the
22
removal of a dead embryo or dead fetus, or an ectopic pregnancy, anembryonic
23
pregnancy, or molar pregnancy, which results in injury to or death of the woman’s
24
unborn child when the physician makes reasonable medical efforts under the
1
circumstances to preserve both the life of the woman and the life of her unborn child
2
according to reasonable medical judgment and appropriate interventions for the
3
gestational age of the child.
AB546,23
4
Section
23
.
939.75 (2) (a) 1. of the statutes is created to read:
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