Eric Wimberger, Wisconsin State Senator for 2nd District | Official Facebook
Eric Wimberger, Wisconsin State Senator for 2nd District | Official Facebook
According to the Wisconsin State Legislature's official website, the bill was described as follows: "requirements for children born alive following abortion or attempted abortion and providing a penalty".
The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.
In essence, this bill mandates that health care providers attending a child born alive following an abortion or attempted abortion must apply the same level of care and skill as they would for any child born at the same gestational age. Moreover, they are required to ensure the child is immediately taken to a hospital. Failure to comply with these provisions is classified as a felony, punishable by up to six years in prison, a fine up to $10,000, or both, though the mother cannot be prosecuted under this bill. It allows women affected by non-compliance to seek damages, including emotional distress, and requires violations to be reported to law enforcement. The bill also criminalizes causing the death of such a child, equating it to first-degree intentional homicide, with the same life imprisonment penalty, exempting the mother from prosecution. Effective measures for confidentiality in proceedings are included, but it does not create or recognize a right to abortion.
The bill was co-authored by Rep. Joy L. Goeben (Republican-5th District), Sen. Mary Felzkowski (Republican-12th District), Sen. John Jagler (Republican-13th District), Sen. Chris Kapenga (Republican-33rd District), and Sen. Steve L. Nass (Republican-11th District). It was co-sponsored by Rep. Elijah R. Behnke (Republican-6th District), Rep. Lindee Rae Brill (Republican-27th District), and Rep. Calvin T. Callahan (Republican-35th District), along with 17 other co-sponsors.
Eric Wimberger has co-authored or authored another 44 bills since the beginning of the 2025 session, with one of them being enacted.
Wimberger graduated from St. Cloud State University in 2001 with a BS and again in 2005 from Marquette Law School with a JD.
Wimberger, a Republican, was elected to the Wisconsin State Senate in 2025 to represent the state's 2nd Senate district, replacing previous state senator Robert Cowles.
In Wisconsin, the legislative process starts when a senator, constituent, group, or agency proposes an idea for a bill. After drafting, the bill is introduced, numbered, and referred to a committee for review and public input. If approved, it moves through three readings and votes in both the Senate and Assembly. Once both chambers pass the same version, the bill goes to the governor, who can sign it, veto it, or let it become law without a signature. Only a small share of bills introduced each session ultimately become law. You can learn more about the Wisconsin legislative process here.
| Bill Number | Date Introduced | Short Description |
|---|---|---|
| SB384 | 08/11/2025 | Requirements for children born alive following abortion or attempted abortion and providing a penalty |
| SB302 | 06/02/2025 | Performance grants based on improving employment rates for individuals on probation, parole, or extended supervision. (FE) |
| SB287 | 05/30/2025 | The employment eligibility verification program and granting rule-making authority. (FE) |
| SB280 | 05/23/2025 | Interest earned on coronavirus state and local fiscal recovery funds. (FE) |
| SB276 | 05/21/2025 | Challenges to the validity of administrative rules and making an appropriation. (FE) |
| SB273 | 05/21/2025 | Camera monitor systems as an alternative to mirrors for commercial motor vehicles |
| SB263 | 05/20/2025 | Findings of fact when the court grants less than equal physical placement of a child |
| SB254 | 05/09/2025 | Funding for the War Memorial Center and making an appropriation. (FE) |
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