AB146-ASA1,3,194
346.65
(6) (d) At the hearing set under par. (c), the state has the burden of
5proving to a reasonable certainty by the greater weight of the credible evidence that
6the motor vehicle is a motor vehicle owned by a person who committed a violation of
7s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a)
or, (b)
, (c) or (d) or 940.25 (1) (a)
8or, (b)
, (c) or (d) and, if the seizure is under par. (a) 1., that the person had 2 prior
9convictions, suspensions or revocations within a 10-year period as counted under s.
10343.307 (1) or, if the seizure is under par. (a) 2., 3 or more prior convictions,
11suspensions or revocations within a 10-year period as counted under s. 343.307 (1).
12If the owner of the motor vehicle proves by a preponderance of the evidence that he
13or she was not convicted of a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09
14(1) (a)
or, (b)
, (c) or (d) or 940.25 (1) (a)
or, (b)
, (c) or (d), or, if the seizure is under par.
15(a) 1., that he or she did not have 2 prior convictions, suspensions or revocations
16within a 10-year period as counted under s. 343.307 (1) or, if the seizure is under par.
17(a) 2., 3 or more prior convictions, suspensions or revocations within a 10-year period
18as counted under s. 343.307 (1), the motor vehicle shall be returned to the owner upon
19the payment of storage costs.
AB146-ASA1, s. 6
20Section
6. 939.22 (21) (d) of the statutes is amended to read:
AB146-ASA1,3,2221
939.22
(21) (d) Battery
, substantial battery or aggravated battery, as
22prohibited in s. 940.19
or 940.195.
AB146-ASA1,4,524
939.24
(1) In this section, "criminal recklessness" means that the actor creates
25an unreasonable and substantial risk of death or great bodily harm to another
1human being and the actor is aware of that risk
, except that for purposes of ss. 940.02
2(1m), 940.06 (2) and 940.23 (1) (b) and (2) (b), "criminal recklessness" means that the
3actor creates an unreasonable and substantial risk of death or great bodily harm to
4an unborn child, to the woman who is pregnant with that unborn child or to another
5and the actor is aware of that risk.
AB146-ASA1,4,147
939.25
(1) In this section, "criminal negligence" means ordinary negligence to
8a high degree, consisting of conduct
which that the actor should realize creates a
9substantial and unreasonable risk of death or great bodily harm to another
, except
10that for purposes of ss. 940.08 (2), 940.10 (2) and 940.24 (2), "criminal negligence"
11means ordinary negligence to a high degree, consisting of conduct that the actor
12should realize creates a substantial and unreasonable risk of death or great bodily
13harm to an unborn child, to the woman who is pregnant with that unborn child or
14to another.
AB146-ASA1, s. 9
15Section
9. 939.32 (1) (intro.) of the statutes is amended to read:
AB146-ASA1,4,1916
939.32
(1) (intro.) Whoever attempts to commit a felony or a
battery as defined
17by crime specified in s. 940.19
or theft as defined by s., 940.195 or 943.20 may be fined
18or imprisoned or both not to exceed one-half the maximum penalty for the completed
19crime; except:
AB146-ASA1, s. 10
20Section
10. 939.62 (2m) (a) 2. of the statutes is amended to read:
AB146-ASA1,4,2521
939.62
(2m) (a) 2. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
22(1), 940.19 (5),
940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b)
234., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 946.43, 948.02 (1) or (2),
24948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, 948.30 (2), 948.35 (1) (b)
25or (c) or 948.36.
AB146-ASA1,5,6
2939.75 Death or harm to an unborn child. (1) In this section and ss. 939.24
3(1), 939.25 (1), 940.02 (1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1) (c)
4to (e) and (1g) (c) and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2) and
5940.25 (1) (c) to (e), "unborn child" means any individual of the human species from
6fertilization until birth.
AB146-ASA1,5,12
7(2) Sections 940.02 (1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1)
8(c) to (e) and (1g) (c) and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2)
9and 940.25 (1) (c) to (e) do not apply to an act that is committed in accordance with
10the usual and customary standards of medical practice during diagnostic testing or
11therapeutic treatment performed by, or under the supervision of, a physician
12licensed under ch. 448.
AB146-ASA1,5,17
13(3) Sections 940.02 (1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1)
14(c) to (e) and (1g) (c) and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2)
15and 940.25 (1) (c) to (e) do not apply to an act by a woman who is pregnant with an
16unborn child that results in the death of or great bodily harm or bodily harm to that
17unborn child.
AB146-ASA1,5,22
18(4) When the existence of an exception under sub. (2) or (3) has been placed in
19issue by the trial evidence, the state must prove beyond a reasonable doubt that the
20facts constituting the exception do not exist in order to sustain a finding of guilt
21under s. 940.02 (1m), 940.05 (2g), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e) or (1g)
22(c) or (d), 940.10 (2), 940.195, 940.23 (1) (b) or (2) (b), 940.24 (2) or 940.25 (1) (c) to (e).
AB146-ASA1,6,3
1940.02
(1m) Whoever recklessly causes the death of an unborn child under
2circumstances that show utter disregard for the life of that unborn child, the woman
3who is pregnant with that unborn child or another is guilty of a Class B felony.
AB146-ASA1, s. 14
5Section
14. 940.04 (2) (intro.) of the statutes is amended to read:
AB146-ASA1,6,76
940.04
(2) (intro.) Any person, other than the mother, who does either of the
7following
may be imprisoned not more than 15 years
is guilty of a Class A felony:
AB146-ASA1,6,119
940.04
(2) (a)
Intentionally destroys
Destroys the life of an unborn
quick child
10by an act done with intent to kill that unborn child, kill the woman who is pregnant
11with that unborn child or kill another; or
AB146-ASA1,6,1513
940.04
(6) In this section "unborn child" means
a human being from the time
14of conception until it is born alive any individual of the human species from
15fertilization until birth.
AB146-ASA1,6,1917
940.05
(2) In prosecutions under
this section sub. (1), it is sufficient to allege
18and prove that the defendant caused the death of another human being with intent
19to kill that person or another.
AB146-ASA1,6,2221
940.05
(2g) Whoever causes the death of an unborn child with intent to kill the
22woman who is pregnant with that unborn child is guilty of a Class B felony.
AB146-ASA1,7,3
1940.05
(2h) In prosecutions under sub. (2g), it is sufficient to allege and prove
2that the defendant caused the death of an unborn child with intent to kill the woman
3who is pregnant with that unborn child.
AB146-ASA1,7,76
940.06
(2) Whoever recklessly causes the death of an unborn child is guilty of
7a Class C felony.
AB146-ASA1,7,1210
940.08
(2) Whoever causes the death of an unborn child by the negligent
11operation or handling of a dangerous weapon, explosives or fire is guilty of a Class
12D felony.
AB146-ASA1, s. 24
13Section
24. 940.09 (1) (c) to (e) of the statutes are created to read:
AB146-ASA1,7,1514
940.09
(1) (c) Causes the death of an unborn child by the operation or handling
15of a vehicle while under the influence of an intoxicant.
AB146-ASA1,7,1816
(d) Causes the death of an unborn child by the operation or handling of a vehicle
17while the person has a prohibited alcohol concentration, as defined in s. 340.01
18(46m).
AB146-ASA1,7,2119
(e) Causes the death of an unborn child by the operation of a commercial motor
20vehicle while the person has an alcohol concentration of 0.04 or more but less than
210.1.
AB146-ASA1,8,323
940.09
(1d) If the person who committed an offense under sub. (1) (a)
or, (b)
, (c)
24or (d) has 2 or more prior convictions, suspensions or revocations in a 10-year period,
25as counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be followed
1regarding the immobilization or seizure and forfeiture of a motor vehicle owned by
2the person who committed the offense or the equipping of a motor vehicle owned by
3the person with an ignition interlock device.
AB146-ASA1, s. 26
4Section
26. 940.09 (1g) (c) and (d) of the statutes are created to read:
AB146-ASA1,8,65
940.09
(1g) (c) Causes the death of an unborn child by the operation or handling
6of a firearm or airgun while under the influence of an intoxicant.
AB146-ASA1,8,107
(d) Causes the death of an unborn child by the operation or handling of a
8firearm or airgun while the person has a blood alcohol concentration of 0.1% or more
9by weight of alcohol in that person's blood or 0.10 grams or more of alcohol in 210
10liters of that person's breath.
AB146-ASA1,9,212
940.09
(1m) A person may be charged with and a prosecutor may proceed upon
13an information based upon a violation of sub. (1) (a) or (b) or both
or of, sub. (1) (a)
14or (bm) or both
or of, sub. (1) (c) or (d) or both, sub. (1) (c) or (e) or both, sub. (1g) (a)
15or (b) or both
or sub. (1g) (c) or (d) or both for acts arising out of the same incident or
16occurrence. If the person is charged with violating
both sub. (1) (a) and (b)
or, both
17sub. (1) (a) and (bm)
or, both sub. (1) (c) and (d), both sub. (1) (c) and (e), both sub. (1g)
18(a) and (b)
or both sub. (1g) (c) and (d) in the information, the crimes shall be joined
19under s. 971.12. If the person is found guilty of both sub. (1) (a) and (b)
or of, both
20sub. (1) (a) and (bm)
or of, both sub. (1) (c) and (d), both sub. (1) (c) and (e), both sub.
21(1g) (a) and (b)
or both sub. (1g) (c) and (d) for acts arising out of the same incident
22or occurrence, there shall be a single conviction for purposes of sentencing and for
23purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6)
24(a) 2. and 3., under s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3. Subsection (1)
1(a), (b)
and, (bm),
(c), (d) and (e), and sub. (1g) (a)
and, (b),
(c) and (d), each require
2proof of a fact for conviction which the other does not require.
AB146-ASA1,9,84
940.09
(2) The defendant has a defense if he or she proves by a preponderance
5of the evidence that the death would have occurred even if he or she had been
6exercising due care and he or she had not been under the influence of an intoxicant
7or did not have a blood alcohol concentration described under sub. (1) (b)
or, (bm)
, (d)
8or (e) or (1g) (b)
or (d).
AB146-ASA1,9,1211
940.10
(2) Whoever causes the death of an unborn child by the negligent
12operation or handling of a vehicle is guilty of a Class E felony.
AB146-ASA1,9,18
14940.195 Battery to an unborn child; substantial battery to an unborn
15child; aggravated battery to an unborn child. (1) Whoever causes bodily harm
16to an unborn child by an act done with intent to cause bodily harm to that unborn
17child, to the woman who is pregnant with that unborn child or another is guilty of
18a Class A misdemeanor.
AB146-ASA1,9,21
19(2) Whoever causes substantial bodily harm to an unborn child by an act done
20with intent to cause bodily harm to that unborn child, to the woman who is pregnant
21with that unborn child or another is guilty of a Class E felony.
AB146-ASA1,9,24
22(3) Whoever causes substantial bodily harm to an unborn child by an act done
23with intent to cause substantial bodily harm to that unborn child, to the woman who
24is pregnant with that unborn child or another is guilty of a Class D felony.
AB146-ASA1,10,3
1(4) Whoever causes great bodily harm to an unborn child by an act done with
2intent to cause bodily harm to that unborn child, to the woman who is pregnant with
3that unborn child or another is guilty of a Class D felony.
AB146-ASA1,10,7
4(5) Whoever causes great bodily harm to an unborn child by an act done with
5intent to cause either substantial bodily harm or great bodily harm to that unborn
6child, to the woman who is pregnant with that unborn child or another is guilty of
7a Class C felony.
AB146-ASA1,10,9
8(6) Whoever intentionally causes bodily harm to an unborn child by conduct
9that creates a substantial risk of great bodily harm is guilty of a Class D felony.
AB146-ASA1, s. 32
10Section
32. 940.23 (1) of the statutes is renumbered 940.23 (1) (a).
AB146-ASA1,10,1412
940.23
(1) (b) Whoever recklessly causes great bodily harm to an unborn child
13under circumstances that show utter disregard for the life of that unborn child, the
14woman who is pregnant with that unborn child or another is guilty of a Class C felony.
AB146-ASA1, s. 34
15Section
34. 940.23 (2) of the statutes is renumbered 940.23 (2) (a).
AB146-ASA1,10,1817
940.23
(2) (b) Whoever recklessly causes great bodily harm to an unborn child
18is guilty of a Class D felony.
AB146-ASA1,10,2321
940.24
(2) Whoever causes bodily harm to an unborn child by the negligent
22operation or handling of a dangerous weapon, explosives or fire is guilty of a Class
23E felony.
AB146-ASA1, s. 38
24Section
38. 940.25 (1) (c) to (e) of the statutes are created to read:
AB146-ASA1,11,2
1940.25
(1) (c) Causes great bodily harm to an unborn child by the operation of
2a vehicle while under the influence of an intoxicant.
AB146-ASA1,11,53
(d) Causes great bodily harm to an unborn child by the operation of a vehicle
4while the person has a prohibited alcohol concentration, as defined in s. 340.01
5(46m).
AB146-ASA1,11,86
(e) Causes great bodily harm to an unborn child by the operation of a
7commercial motor vehicle while the person has an alcohol concentration of 0.04 or
8more but less than 0.1.
AB146-ASA1,11,1510
940.25
(1d) If the person who committed the offense under sub. (1) (a)
or, (b)
,
11(c) or (d) has 2 or more prior convictions, suspensions or revocations in a 10-year
12period, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be
13followed regarding the immobilization or seizure and forfeiture of a motor vehicle
14owned by the person who committed the offense or the equipping of a motor vehicle
15owned by the person with an ignition interlock device.
AB146-ASA1,12,417
940.25
(1m) A person may be charged with and a prosecutor may proceed upon
18an information based upon a violation of sub. (1) (a) or (b) or both
or of, sub. (1) (a)
19or (bm) or both
, sub. (1) (c) or (d) or both or sub. (1) (c) or (e) or both for acts arising
20out of the same incident or occurrence. If the person is charged with violating both
21sub. (1) (a) and (b)
or, both sub. (1) (a) and (bm)
, both sub. (1) (c) and (d) or both sub.
22(1) (c) and (e) in the information, the crimes shall be joined under s. 971.12. If the
23person is found guilty of both sub. (1) (a) and (b)
or of, both sub. (1) (a) and (bm)
, both
24sub. (1) (c) and (d) or both sub. (1) (c) and (e) for acts arising out of the same incident
25or occurrence, there shall be a single conviction for purposes of sentencing and for
1purposes of counting convictions under s. 23.33 (13) (b) 2 and 3, under s. 30.80 (6) (a)
22 or 3, under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2 and 3. Subsection
3(1) (a), (b)
and, (bm)
, (c), (d) and (e) each require proof of a fact for conviction which
4the other does not require.
AB146-ASA1,12,106
940.25
(2) The defendant has a defense if he or she proves by a preponderance
7of the evidence that the great bodily harm would have occurred even if he or she had
8been exercising due care and he or she had not been under the influence of an
9intoxicant or did not have a blood alcohol concentration described under sub. (1) (b)
10or, (bm)
, (d) or (e).
AB146-ASA1, s. 42
11Section
42. 941.38 (1) (b) 4. of the statutes is amended to read:
AB146-ASA1,12,1312
941.38
(1) (b) 4. Battery
, substantial battery or aggravated battery, as
13prohibited in s. 940.19
or 940.195.
AB146-ASA1,12,1715
969.035
(1) In this section, "violent crime" means any crime specified in s.
16940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.10, 940.19 (5),
940.195
17(5), 940.21, 940.225 (1), 940.23, 941.327, 948.02 (1) or (2), 948.025 or 948.03.
AB146-ASA1,12,2519
969.08
(10) (b) "Serious crime" means any crime specified in s. 346.62 (4),
20940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5),
940.195
21(5), 940.20, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29,
22940.295 (3) (b) 1., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01
23(2) (c), 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m) or (1r),
24943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03,
25948.04, 948.05, 948.06, 948.07 or 948.30.
AB146-ASA1, s. 45
1Section
45. 973.0135 (1) (b) 2. of the statutes is amended to read:
AB146-ASA1,13,62
973.0135
(1) (b) 2. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
3(1), 940.19 (5),
940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b)
44., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 946.43, 948.02 (1) or (2),
5948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, 948.30 (2), 948.35 (1) (b)
6or (c) or 948.36.