AB146, s. 25
20Section
25. 940.09 (1g) (c) and (d) of the statutes are created to read:
AB146,9,2221
940.09
(1g) (c) Causes the death of an unborn child by the operation or handling
22of a firearm or airgun while under the influence of an intoxicant.
AB146,9,2423
(d) Causes the death of an unborn child by the operation or handling of a
24firearm or airgun while the person has a blood alcohol concentration of 0.1% or more
1by weight of alcohol in that person's blood or 0.10 grams or more of alcohol in 210
2liters of that person's breath.
AB146, s. 26
3Section
26. 940.09 (1m) of the statutes is amended to read:
AB146,10,184
940.09
(1m) A person may be charged with and a prosecutor may proceed upon
5an information based upon a violation of sub. (1) (a) or (b) or both
or of, sub. (1) (a)
6or (bm) or both
or of, sub. (1) (c) or (d) or both, sub. (1) (c) or (e) or both, sub. (1g) (a)
7or (b) or both
or sub. (1g) (c) or (d) or both for acts arising out of the same incident or
8occurrence. If the person is charged with violating
both sub. (1) (a) and (b)
or, both
9sub. (1) (a) and (bm)
or, both sub. (1) (c) and (d), both sub. (1) (c) and (e), both sub. (1g)
10(a) and (b)
or both sub. (1g) (c) and (d) in the information, the crimes shall be joined
11under s. 971.12. If the person is found guilty of both sub. (1) (a) and (b)
or of, both
12sub. (1) (a) and (bm)
or of, both sub. (1) (c) and (d), both sub. (1) (c) and (e), both sub.
13(1g) (a) and (b)
or both sub. (1g) (c) and (d) for acts arising out of the same incident
14or occurrence, there shall be a single conviction for purposes of sentencing and for
15purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6)
16(a) 2. and 3., under s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3. Subsection (1)
17(a), (b)
and, (bm),
(c), (d) and (e), and sub. (1g) (a)
and, (b),
(c) and (d), each require
18proof of a fact for conviction which the other does not require.
AB146, s. 27
19Section
27. 940.09 (2) of the statutes is amended to read:
AB146,10,2420
940.09
(2) The defendant has a defense if he or she proves by a preponderance
21of the evidence that the death would have occurred even if he or she had been
22exercising due care and he or she had not been under the influence of an intoxicant
23or did not have a blood alcohol concentration described under sub. (1) (b)
or, (bm)
, (d)
24or (e) or (1g) (b)
or (d).
AB146, s. 28
25Section
28. 940.10 of the statutes is renumbered 940.10 (1).
AB146, s. 29
1Section
29. 940.10 (2) of the statutes is created to read:
AB146,11,32
940.10
(2) Whoever causes the death of an unborn child by the negligent
3operation or handling of a vehicle is guilty of a Class E felony.
AB146, s. 30
4Section
30. 940.195 of the statutes is created to read:
AB146,11,9
5940.195 Battery to an unborn child; substantial battery to an unborn
6child; aggravated battery to an unborn child. (1) Whoever causes bodily harm
7to an unborn child by an act done with intent to cause bodily harm to that unborn
8child, to the woman who is pregnant with that unborn child or another is guilty of
9a Class A misdemeanor.
AB146,11,12
10(2) Whoever causes substantial bodily harm to an unborn child by an act done
11with intent to cause bodily harm to that unborn child, to the woman who is pregnant
12with that unborn child or another is guilty of a Class E felony.
AB146,11,15
13(3) Whoever causes substantial bodily harm to an unborn child by an act done
14with intent to cause substantial bodily harm to that unborn child, to the woman who
15is pregnant with that unborn child or another is guilty of a Class D felony.
AB146,11,18
16(4) Whoever causes great bodily harm to an unborn child by an act done with
17intent to cause bodily harm to that unborn child, to the woman who is pregnant with
18that unborn child or another is guilty of a Class D felony.
AB146,11,22
19(5) Whoever causes great bodily harm to an unborn child by an act done with
20intent to cause either substantial bodily harm or great bodily harm to that unborn
21child, to the woman who is pregnant with that unborn child or another is guilty of
22a Class C felony.
AB146,11,24
23(6) Whoever intentionally causes bodily harm to an unborn child by conduct
24that creates a substantial risk of great bodily harm is guilty of a Class D felony.
AB146, s. 31
25Section
31. 940.23 (1) of the statutes is renumbered 940.23 (1) (a).
AB146, s. 32
1Section
32. 940.23 (1) (b) of the statutes is created to read:
AB146,12,42
940.23
(1) (b) Whoever recklessly causes great bodily harm to an unborn child
3under circumstances that show utter disregard for the life of that unborn child, the
4woman who is pregnant with that unborn child or another is guilty of a Class C felony.
AB146, s. 33
5Section
33. 940.23 (2) of the statutes is renumbered 940.23 (2) (a).
AB146, s. 34
6Section
34. 940.23 (2) (b) of the statutes is created to read:
AB146,12,87
940.23
(2) (b) Whoever recklessly causes great bodily harm to an unborn child
8is guilty of a Class D felony.
AB146, s. 35
9Section
35. 940.24 of the statutes is renumbered 940.24 (1).
AB146, s. 36
10Section
36. 940.24 (2) of the statutes is created to read:
AB146,12,1311
940.24
(2) Whoever causes bodily harm to an unborn child by the negligent
12operation or handling of a dangerous weapon, explosives or fire is guilty of a Class
13E felony.
AB146, s. 37
14Section
37. 940.25 (1) (c) to (e) of the statutes are created to read:
AB146,12,1615
940.25
(1) (c) Causes great bodily harm to an unborn child by the operation of
16a vehicle while under the influence of an intoxicant.
AB146,12,1917
(d) Causes great bodily harm to an unborn child by the operation of a vehicle
18while the person has a prohibited alcohol concentration, as defined in s. 340.01
19(46m).
AB146,12,2220
(e) Causes great bodily harm to an unborn child by the operation of a
21commercial motor vehicle while the person has an alcohol concentration of 0.04 or
22more but less than 0.1.
AB146, s. 38
23Section
38. 940.25 (1d) of the statutes is amended to read:
AB146,13,424
940.25
(1d) If the person who committed the offense under sub. (1) (a)
or, (b)
,
25(c) or (d) has 2 or more prior convictions, suspensions or revocations in a 10-year
1period, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be
2followed regarding the immobilization or seizure and forfeiture of a motor vehicle
3owned by the person who committed the offense or the equipping of a motor vehicle
4owned by the person with an ignition interlock device.
AB146, s. 39
5Section
39. 940.25 (1m) of the statutes is amended to read:
AB146,13,186
940.25
(1m) A person may be charged with and a prosecutor may proceed upon
7an information based upon a violation of sub. (1) (a) or (b) or both
or of, sub. (1) (a)
8or (bm) or both
, sub. (1) (c) or (d) or both or sub. (1) (c) or (e) or both for acts arising
9out of the same incident or occurrence. If the person is charged with violating both
10sub. (1) (a) and (b)
or, both sub. (1) (a) and (bm)
, both sub. (1) (c) and (d) or both sub.
11(1) (c) and (e) in the information, the crimes shall be joined under s. 971.12. If the
12person is found guilty of both sub. (1) (a) and (b)
or of, both sub. (1) (a) and (bm)
, both
13sub. (1) (c) and (d) or both sub. (1) (c) and (e) for acts arising out of the same incident
14or occurrence, there shall be a single conviction for purposes of sentencing and for
15purposes of counting convictions under s. 23.33 (13) (b) 2 and 3, under s. 30.80 (6) (a)
162 or 3, under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2 and 3. Subsection
17(1) (a), (b)
and, (bm)
, (c), (d) and (e) each require proof of a fact for conviction which
18the other does not require.
AB146, s. 40
19Section
40. 940.25 (2) of the statutes is amended to read:
AB146,13,2420
940.25
(2) The defendant has a defense if he or she proves by a preponderance
21of the evidence that the great bodily harm would have occurred even if he or she had
22been exercising due care and he or she had not been under the influence of an
23intoxicant or did not have a blood alcohol concentration described under sub. (1) (b)
24or, (bm)
, (d) or (e).
AB146, s. 41
25Section
41. 941.38 (1) (b) 4. of the statutes is amended to read:
AB146,14,2
1941.38
(1) (b) 4. Battery
, substantial battery or aggravated battery, as
2prohibited in s. 940.19
or 940.195.
AB146, s. 42
3Section
42. 969.035 (1) of the statutes is amended to read:
AB146,14,64
969.035
(1) In this section, "violent crime" means any crime specified in s.
5940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.10, 940.19 (5),
940.195
6(5), 940.21, 940.225 (1), 940.23, 941.327, 948.02 (1) or (2), 948.025 or 948.03.
AB146, s. 43
7Section
43. 969.08 (10) (b) of the statutes is amended to read:
AB146,14,148
969.08
(10) (b) "Serious crime" means any crime specified in s. 346.62 (4),
9940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5),
940.195
10(5), 940.20, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29,
11940.295 (3) (b) 1., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01
12(2) (c), 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m) or (1r),
13943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03,
14948.04, 948.05, 948.06, 948.07 or 948.30.
AB146, s. 44
15Section
44. 973.0135 (1) (b) 2. of the statutes is amended to read:
AB146,14,2016
973.0135
(1) (b) 2. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
17(1), 940.19 (5),
940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b)
184., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 946.43, 948.02 (1) or (2),
19948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, 948.30 (2), 948.35 (1) (b)
20or (c) or 948.36.
AB146, s. 45
21Section
45. 980.01 (6) (b) of the statutes is amended to read:
AB146,14,2422
980.01
(6) (b) Any crime specified in s. 940.01, 940.02, 940.05, 940.06, 940.19
23(4) or (5),
940.195 (4) or (5), 940.30, 940.305, 940.31 or 943.10 that is determined, in
24a proceeding under s. 980.05 (3) (b), to have been sexually motivated.
AB146,15,2
1(1) This act first applies to offenses occurring on the effective date of this
2subsection.