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WI SB384
Bill
Status
2/11/2026
Primary Sponsor
Eric Wimberger
Click for details
AI Summary
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Health care providers present when an abortion results in a live birth must provide the same degree of care to preserve the child's life as would be given to any other child born at the same gestational age, and must ensure immediate transport to a hospital
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Violations of the care requirements constitute a Class H felony, punishable by up to $10,000 fine, up to 6 years imprisonment, or both; the mother is exempt from prosecution
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Intentionally causing the death of a child born alive following an abortion is classified as a Class A felony punishable by life imprisonment, equivalent to first-degree intentional homicide
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Women may bring civil claims for damages including personal injury, emotional distress, and treble damages (3x the cost of the abortion), plus reasonable attorney fees
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Health care providers and employees at abortion facilities who know of violations must immediately report them to law enforcement; the Department of Justice or district attorneys may investigate and prosecute
Legislative Description
Requirements for children born alive following abortion or attempted abortion and providing a penalty.
Last Action
Received from Senate
2/12/2026