An Act to amend 799.01 (1) (cr); to create 947.016 of the statutes; Relating to: disrupting access to a reproductive health service facility or place of religious worship and providing a penalty.
Summary
SB1087 would create a new state crime and civil remedy for disrupting access to reproductive health service facilities and places of religious worship. The bill defines prohibited conduct to include using force, threats of force, or physical obstruction to injure, intimidate, or interfere with people obtaining or providing reproductive health services, as well as people lawfully exercising religious freedom at a place of worship. It also covers intentional damage or destruction of property at reproductive health facilities or places of worship.
The bill establishes a first-offense penalty of a Class A misdemeanor and a second or subsequent offense penalty of a Class I felony. It also authorizes civil lawsuits by harmed individuals or entities, and permits the attorney general or a district attorney to seek injunctive relief, compensatory damages, and civil forfeitures. For private plaintiffs, the bill allows recovery of actual damages or statutory damages of $5,000 per violation, plus attorney fees and costs. It also makes a conforming change to small-claims jurisdiction in s. 799.01 to account for actions brought under the new section.
Impact
SB1087 would add a new criminal statute, s. 947.016, to Wisconsin law and expand civil enforcement options for interference with access to reproductive health services and religious worship. It would create new misdemeanor and felony penalties, authorize statutory and punitive damages, and give state prosecutors and the attorney general express authority to pursue civil relief and forfeitures. The bill also amends small-claims jurisdiction language in s. 799.01 to exclude actions brought under the new provision.
Sentiment
The bill appears to have been framed as a protective measure for access to medical services and religious exercise, mirroring existing federal protections. The available record shows no committee transcript or recorded votes, and the bill ultimately failed to pass pursuant to Senate Joint Resolution 1. Based on the bill text alone, its supporters appear to have favored stronger state-level enforcement against obstruction and harassment, while the lack of recorded debate prevents a detailed assessment of broader legislative sentiment.
Contention
The main points of contention likely center on the bill’s treatment of protests and demonstrations near reproductive health facilities and houses of worship, especially the use of terms like “physical obstruction,” “intimidate,” and “interfere.” Critics could view the measure as potentially affecting protest activity or expressive conduct, while supporters would characterize it as narrowly targeting coercive or obstructive behavior and property damage. Another likely issue is the bill’s creation of both criminal penalties and civil forfeitures, along with attorney-fee shifting and statutory damages, which increases enforcement leverage.
Crossfiled
An Act to amend 799.01 (1) (cr); to create 947.016 of the statutes; Relating to: disrupting access to a reproductive health service facility or place of religious worship and providing a penalty.