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Wisconsin Legislature: SB1087: Bill Text
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SB1087: Bill Text
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2025 - 2026 LEGISLATURE
LRB-6450/1
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2025 SENATE BILL 1087
March 4, 2026 - Introduced by Senators
Ratcliff
,
L. Johnson
,
Keyeski
,
Roys
,
Hesselbein
,
Larson
and
Spreitzer
, cosponsored by Representatives
McCarville
,
Brown
,
DeSanto
,
Subeck
,
Sinicki
,
Ortiz-Velez
,
Hysell
,
Andraca
,
Roe
,
Miresse
,
Joers
,
Taylor
,
Kirsch
,
Udell
,
Hong
,
Bare
,
Anderson
,
Tenorio
and
Snodgrass
. Referred to Committee on Licensing, Regulatory Reform, State and Federal Affairs.
SB1087,1,3
1
An Act
to amend
799.01 (1) (cr);
to create
947.016 of the statutes;
relating
2
to:
disrupting access to a reproductive health service facility or place of
3
religious worship and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current federal law, there are criminal and civil penalties for disrupting another person’s access to reproductive health services and places of religious worship. This bill creates a similar set of penalties under state law.
Under the bill, it is a Class A misdemeanor, or a Class I felony for a second or subsequent offense, to do any of the following:
1. By using force or threat of force or by physical obstruction, intentionally injure, intimidate, or interfere with a person because they have been obtaining or providing reproductive health services.
2. By using force or threat of force or by physical obstruction, intentionally injure, intimidate, or interfere with a person to attempt to prevent that person from obtaining or providing reproductive health services.
3. Intentionally damage or destroy the property of a reproductive health service facility because the facility provides reproductive health services.
4. By using force or threat of force or by physical obstruction, intentionally injure, intimidate, or interfere with a person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship.
5. Intentionally damage or destroy the property of a place of religious worship.
The bill also creates a civil cause of action for persons or entities harmed by an action from the above list and provides that a court may order appropriate relief for individuals who have been harmed and may, in addition, assess civil forfeitures against violators.
Under current law, a Class A misdemeanor is punishable by a fine of up to $10,000 or imprisonment for up to nine months, or both, and a Class I felony is punishable by a fine of up to $10,000 or imprisonment for up to three years and six months, or both.
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB1087,1
1
Section
1
.
799.01 (1) (cr) of the statutes is amended to read:
SB1087,2,5
2
799.01
(1)
(cr)
Third-party complaints, personal injury claims, and tort
3
claims.
Third-party complaints, personal injury claims, and actions based in tort,
4
where the amount claimed is $5,000 or less
, unless the action is under s. 947.016
5
(4)
.
SB1087,2
6
Section
2
.
947.016 of the statutes is created to read:
SB1087,2,8
7
947.016
Disrupting access to a reproductive health service facility or
8
place of religious worship.
(1)
Definitions.
In this section:
SB1087,2,11
9
(a) “Facility” includes a hospital, clinic, physician’s office, or other facility that
10
provides reproductive health services and includes the building or structure in
11
which the facility is located.
SB1087,2,12
12
(b) “Interfere” means to restrict a person’s freedom of movement.
SB1087,3,2
13
(c) “Physical obstruction” means rendering impassable ingress to or egress
14
from a facility that provides reproductive health services or a place of religious
1
worship, or rendering passage to or from such a facility or place of religious worship
2
unreasonably difficult or hazardous.
SB1087,3,6
3
(d) “Reproductive health services” means any medical, surgical, counseling, or
4
referral services relating to the human reproductive system, including services
5
relating to pregnancy or the termination of a pregnancy, that are provided in a
6
hospital, clinic, physician’s office, or other facility.
SB1087,3,8
7
(2)
Prohibited actions.
A person who does any of the following may be
8
penalized as provided in sub. (3):
SB1087,3,11
9
(a) By force or threat of force or by physical obstruction, intentionally injures,
10
intimidates, or interferes with any person because that person is or has been
11
obtaining or providing reproductive health services.
SB1087,3,14
12
(b) By force or threat of force or by physical obstruction, intentionally injures,
13
intimidates, or interferes with any person in order to prevent that person from
14
obtaining or providing reproductive health services.
SB1087,3,16
15
(c) Intentionally damages or destroys the property of a facility because the
16
facility provides reproductive health services.
SB1087,3,21
17
(d) By force or threat of force or by physical obstruction, intentionally injures,
18
intimidates, or interferes with any person lawfully exercising or seeking to exercise
19
the right of religious freedom at a place of religious worship under the First
20
Amendment to the U.S. Constitution and article I, section 18, of the Wisconsin
21
Constitution.
SB1087,3,23
22
(e) Intentionally damages or destroys the property of a place of religious
23
worship.
SB1087,3,24
24
(3)
Penalties.
A person who violates sub. (2) is guilty of the following:
SB1087,4,1
1
(a) For a first violation, a Class A misdemeanor.
SB1087,4,2
2
(b) For a 2nd or subsequent violation, a Class I felony.
SB1087,4,15
3
(4)
Civil remedies.
(a) Any person aggrieved by conduct that is prohibited
4
under sub. (2) who is a person involved in providing or seeking to provide, or
5
obtaining or seeking to obtain, services in a facility that provides reproductive
6
health services, or who is a person lawfully exercising or seeking to exercise the
7
right of religious freedom at a place of religious worship under the First
8
Amendment to the U.S. Constitution and article I, section 18, of the Wisconsin
9
Constitution, or the entity that owns or operates the place of religious worship, may
10
bring a civil action for appropriate relief, including temporary or permanent
11
injunctive relief, compensatory and punitive damages, and, notwithstanding the
12
limitations of s. 799.25 or 814.04, all actual costs of the action, including reasonable
13
attorney fees. With respect to compensatory damages, the plaintiff may elect, at
14
any time prior to the rendering of final judgment, to recover, in lieu of actual
15
damages, an award of statutory damages in the amount of $5,000 per violation.
SB1087,4,22
16
(b) The attorney general or any district attorney, if he or she has reasonable
17
cause to believe that any person or group of persons is being, has been, or may be
18
injured by conduct constituting a violation of sub. (2), may bring a civil action under
19
par. (a), and the court may award appropriate relief, including temporary or
20
permanent injunctive relief, and compensatory damages to persons aggrieved as
21
described under par. (a). The court, to vindicate the public interest, may also assess
22
civil forfeitures as follows against each respondent:
SB1087,4,24
23
1. If the violation of sub. (2) was a first violation and it was a nonviolent
24
physical obstruction, $10,000.
SB1087,5,2
1
2. If the violation of sub. (2) was a first violation other than a nonviolent
2
physical obstruction, $15,000.
SB1087,5,4
3
3. If the violation of sub. (2) was a 2nd or subsequent violation and it was a
4
nonviolent physical obstruction, $15,000.
SB1087,5,6
5
4. If the violation of sub. (2) was a 2nd or subsequent violation other than a
6
nonviolent physical obstruction, $25,000.
SB1087,5,7
7
(end)
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