LRBs0163/1
BF:skg:kaf
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
To 1995 ASSEMBLY BILL 146
June 28, 1995 - Offered by Representative Notestein.
AB146-ASA2,1,4
1An Act to amend 767.11 (8) (b) 2., 767.11 (10) (e) 2., 767.24 (2) (b) 2. c., 767.24
2(5) (i), 971.37 (1m) (a) 2. and 973.055 (1) (a) 1.; and
to create 940.20 (7) and
3940.20 (8) of the statutes;
relating to: battery to a pregnant female resulting
4in great bodily harm to or death of her fetus.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB146-ASA2, s. 1
5Section
1. 767.11 (8) (b) 2. of the statutes is amended to read:
AB146-ASA2,1,76
767.11
(8) (b) 2. Interspousal battery as described under s. 940.19
or 940.20 (7)
7or (8) or domestic abuse as defined in s. 813.12 (1) (a).
AB146-ASA2, s. 2
8Section
2. 767.11 (10) (e) 2. of the statutes is amended to read:
AB146-ASA2,1,109
767.11
(10) (e) 2. There is evidence of interspousal battery as described under
10s. 940.19
or 940.20 (7) or (8) or domestic abuse as defined in s. 813.12 (1) (a).
AB146-ASA2, s. 3
11Section
3. 767.24 (2) (b) 2. c. of the statutes is amended to read:
AB146-ASA2,2,812
767.24
(2) (b) 2. c. The parties will be able to cooperate in the future decision
13making required under an award of joint legal custody. In making this finding the
14court shall consider, along with any other pertinent items, any reasons offered by a
1party objecting to joint legal custody. Evidence that either party engaged in abuse
2of the child as defined in s. 48.981 (1) (a) and (b) or 813.122 (1) (a) or evidence of
3interspousal battery as described under s. 940.19
or 940.20 (7) or (8) or domestic
4abuse as defined in s. 813.12 (1) (a) creates a rebuttable presumption that the parties
5will not be able to cooperate in the future decision making required. This
6presumption may be rebutted by clear and convincing evidence that the abuse will
7not interfere with the parties' ability to cooperate in the future decision making
8required.
AB146-ASA2,2,1110
767.24
(5) (i) Whether there is evidence of interspousal battery as described
11under s. 940.19
or 940.20 (7) or (8) or domestic abuse as defined in s. 813.12 (1) (a).
AB146-ASA2,2,1613
940.20
(7) Battery to a person resulting in fetal injury. Whoever
14intentionally causes bodily harm to a person who he or she knows or has reason to
15know is pregnant, resulting in great bodily harm to the fetus that that person is
16carrying, without the consent of the injured person, is guilty of a Class D felony.
AB146-ASA2,2,2118
940.20
(8) Battery to a person resulting in fetal death. Whoever
19intentionally causes bodily harm to a person who he or she knows or has reason to
20know is pregnant, resulting in the death of the fetus that that person is carrying,
21without the consent of the injured person, is guilty of a Class B felony.
AB146-ASA2, s. 7
22Section
7. 971.37 (1m) (a) 2. of the statutes is amended to read:
AB146-ASA2,3,423
971.37
(1m) (a) 2. An adult accused of or charged with a criminal violation of
24s. 940.19, 940.20 (3),
(7) or (8), 940.225, 940.23, 940.285, 940.30, 940.42, 940.43,
25940.44, 940.45, 940.48, 941.20, 941.30, 943.01, 943.14, 943.15, 946.49, 947.01 or
1947.012 and the conduct constituting the violation involved an act by the adult
2person against his or her spouse or former spouse, against an adult with whom the
3adult person resides or formerly resided or against an adult with whom the adult
4person has created a child.
AB146-ASA2, s. 8
5Section
8. 973.055 (1) (a) 1. of the statutes is amended to read:
AB146-ASA2,3,116
973.055
(1) (a) 1. The court convicts the person of a violation of a crime specified
7in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.19, 940.20 (3),
(7) or (8), 940.21,
8940.225, 940.23, 940.285, 940.30, 940.305, 940.31, 940.42, 940.43, 940.44, 940.45,
9940.48, 941.20, 941.30, 943.01, 943.14, 943.15, 946.49, 947.01 or 947.012 or of a
10municipal ordinance conforming to s. 941.20, 941.30, 943.01, 943.14, 943.15, 946.49,
11947.01 or 947.012; and
AB146-ASA2,3,14
13(1) This act first applies to offenses committed on the effective date of this
14subsection.
