AB311: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB311, s. 1 Section 1. 939.25 (2) of the statutes is amended to read:

AB311,2,3 939.25 (2) If criminal negligence is an element of a crime in chs. 939 to 951 or s. 346.62, the negligence is indicated by the term "negligent" or "negligently".

AB311, s. 2 Section 2. 940.285 (2) (a) (intro.) of the statutes is amended to read:

AB311,2,7 940.285 (2) (a) (intro.) Any person, other than a person in charge of or employed in a facility under s. 940.29 (2) or in a facility or program under s. 940.295 (2), who does any of the following may be penalized under par. (b):

AB311, s. 3 Section 3. 940.285 (2) (a) 3. of the statutes is created to read:

AB311,2,9 940.285 (2) (a) 3. Negligently subjects a vulnerable adult to maltreatment.

AB311, s. 4 Section 4. 940.285 (2) (b) 1. of the statutes is renumbered 940.285 (2) (b) 1r. and amended to read:

AB311,2,13 940.285 (2) (b) 1r. Any person violating par. (a) 1. under circumstances that cause or are likely to cause great bodily harm is guilty of a Class D felony.

AB311, s. 5 Section 5. 940.285 (2) (b) 1g. of the statutes is created to read:

AB311,2,16 940.285 (2) (b) 1g. Any person violating par. (a) under circumstances that cause death is guilty of a Class B felony.

AB311, s. 6 Section 6. 940.285 (2) (b) 1m. of the statutes is created to read:

AB311,2,19 940.285 (2) (b) 1m. Any person violating par. (a) under circumstances that cause great bodily harm is guilty of a Class C felony.

AB311, s. 7 Section 7. 940.285 (2) (b) 3. of the statutes is amended to read:

AB311,3,3 940.285 (2) (b) 3. Any person violating par. (a) 2. or 3. under circumstances that cause or are likely to cause great bodily harm is guilty of a Class E felony.

AB311, s. 8 Section 8. 940.285 (2) (b) 4. of the statutes is amended to read:

AB311,3,6 940.285 (2) (b) 4. Any person violating par. (a) 2. or 3. under circumstances that cause or are likely to cause bodily harm is guilty of a Class A misdemeanor.

AB311, s. 9 Section 9. 940.285 (2) (b) 5. of the statutes is amended to read:

AB311,3,9 940.285 (2) (b) 5. Any person violating par. (a) 1. or, 2. or 3. under circumstances not causing and not likely to cause bodily harm is guilty of a Class B misdemeanor.

AB311, s. 10 Section 10. 940.29 of the statutes is renumbered 940.29 (2) and amended to read:

AB311,3,16 940.29 (2) Any person in charge of or employed in a penal or correctional institution or other place of confinement who intentionally, recklessly or negligently abuses, neglects or ill-treats any person confined in or a resident of any such institution or place or who knowingly permits another person to do so is guilty of a Class E felony.

AB311, s. 11 Section 11. 940.29 (1) of the statutes is created to read:

AB311,3,19 940.29 (1) In this section, "vulnerable adult" has the meaning given in s. 940.285 (1) (e).

AB311, s. 12 Section 12. 940.29 (3) of the statutes is created to read:

AB311,3,22 940.29 (3) A person who violates sub. (2) and causes death to a vulnerable adult is guilty of a Class B felony.

AB311, s. 13 Section 13. 940.29 (4) of the statutes is created to read:

AB311,3,25 940.29 (4) A person who violates sub. (2) and causes great bodily harm to a vulnerable adult is guilty of a Class C felony.

AB311, s. 14 Section 14. 940.295 (1) (km) of the statutes is created to read:

AB311,4,5 940.295 (1) (km) "Negligent abuse" means an act, omission or course of conduct by another, if done negligently, that is not reasonably necessary for treatment or maintenance of order and discipline in a program or facility under sub. (2) and that does at least one of the following:

AB311,4,6 1. Results in bodily harm or great bodily harm to a patient or resident.

AB311,4,8 2. Intimidates, humiliates, threatens, frightens or otherwise harasses a patient or resident.

AB311, s. 15 Section 15. 940.295 (1) (t) of the statutes is created to read:

AB311,4,10 940.295 (1) (t) "Vulnerable adult" has the meaning given in s. 940.285 (1) (e).

AB311, s. 16 Section 16. 940.295 (3) (a) 3. of the statutes is created to read:

AB311,4,13 940.295 (3) (a) 3. Negligently abuses or negligently neglects a patient or a resident.

AB311, s. 17 Section 17. 940.295 (3) (b) 1. of the statutes is renumbered 940.295 (3) (b) 1r. and amended to read:

AB311,4,18 940.295 (3) (b) 1r. Any Except as provided in subd. 1m., any person violating par. (a) 1. under circumstances that cause or are likely to cause great bodily harm is guilty of a Class D felony.

AB311, s. 18 Section 18. 940.295 (3) (b) 1g. of the statutes is created to read:

AB311,4,21 940.295 (3) (b) 1g. Any person violating par. (a) under circumstances that cause death to a vulnerable adult is guilty of a Class B felony.

AB311, s. 19 Section 19. 940.295 (3) (b) 1m. of the statutes is created to read:

AB311,4,24 940.295 (3) (b) 1m. Any person violating par. (a) under circumstances that cause great bodily harm to a vulnerable adult is guilty of a Class C felony.

AB311, s. 20 Section 20. 940.295 (3) (b) 3. of the statutes is amended to read:

AB311,5,3 940.295 (3) (b) 3. Any Except as provided in subd. 1m., any person violating par. (a) 2. or 3. under circumstances that cause or are likely to cause great bodily harm is guilty of a Class E felony.

AB311, s. 21 Section 21. 940.295 (3) (b) 4. of the statutes is amended to read:

AB311,5,6 940.295 (3) (b) 4. Any person violating par. (a) 2. or 3. under circumstances that cause or are likely to cause bodily harm is guilty of a Class A misdemeanor.

AB311, s. 22 Section 22. 940.295 (3) (b) 5. of the statutes is amended to read:

AB311,5,9 940.295 (3) (b) 5. Any person violating par. (a) 1. or, 2. or 3. under circumstances not causing and not likely to cause bodily harm is guilty of a Class B misdemeanor.

AB311, s. 23 Section 23. 969.08 (10) (b) of the statutes is amended to read:

AB311,5,17 969.08 (10) (b) "Serious crime" means any crime specified in s. 346.62 (4), 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.20, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1. 1g., 1m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07 or 948.30.

AB311,5,18 (End)