LRB-1790/2
MGD:wlj:jf
2003 - 2004 LEGISLATURE
April 15, 2003 - Introduced by Representatives Suder, Shilling, Albers, Balow,
Berceau, Boyle, Coggs, Cullen, Gottlieb, Hahn, Hines, Hundertmark,
Kaufert, Krawczyk, Kreibich, Kreuser, Ladwig, Lassa, J. Lehman,
Loeffelholz, McCormick, Montgomery, Morris, Musser, Nischke, Owens,
Pettis, Plouff, Pocan, Richards, Schooff, Stone, Turner, Van Roy,
Wasserman, Weber and
Zepnick, cosponsored by Senators Stepp, Brown,
Darling, Lazich, Robson, Roessler and Wirch. Referred to Committee on
Criminal Justice.
AB265,1,2
1An Act to amend 939.22 (38) of the statutes;
relating to: causing substantial
2bodily harm to another person and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law defines the terms "bodily harm," "substantial bodily harm," and
"great bodily harm." Those definitions are relevant to: 1) the rights of a parent in
juvenile court if the parent has been convicted of an offense resulting in his or her
child suffering substantial or great bodily harm; and 2) the crimes of battery and
battery to an unborn child. With regard to battery, a person is guilty of that offense
if he or she causes bodily harm to another person without that person's consent by
an act done with the intent to harm that person or a third person. A person convicted
of battery may be fined up to $10,000, confined in the county jail for up to nine
months, or both. The maximum penalties for battery, however, increase with the
extent of the bodily harm suffered by the victim and the extent of the bodily harm
that the defendant intended to inflict. If, for example, the defendant caused
substantial bodily harm to the victim, the person may be sentenced to a term of
imprisonment (consisting of a term of confinement followed by a term of extended
supervision) of up to three and a half years.
Under current law, "substantial bodily harm" means bodily injury that causes
a laceration that requires stitches; any fracture of a bone; a burn; a temporary loss
of consciousness, sight, or hearing; a concussion; or a loss or fracture of a tooth. This
bill broadens the definition of "substantial bodily harm" so that it includes: 1) a
broken nose; and 2) a laceration that requires staples or tissue adhesive.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB265, s. 1
1Section
1. 939.22 (38) of the statutes is amended to read:
AB265,2,52
939.22
(38) "Substantial bodily harm" means bodily injury that causes a
3laceration that requires stitches
, staples, or a tissue adhesive; any fracture of a bone;
4a broken nose; a burn; a temporary loss of consciousness, sight or hearing; a
5concussion; or a loss or fracture of a tooth.
