AB221-SSA1,8,87
940.06
(2) Whoever recklessly causes the death of an unborn child is guilty of
8a Class C felony.
AB221-SSA1,8,1311
940.08
(2) Whoever causes the death of an unborn child by the negligent
12operation or handling of a dangerous weapon, explosives or fire is guilty of a Class
13D felony.
AB221-SSA1, s. 24
14Section
24. 940.09 (1) (c) to (e) of the statutes are created to read:
AB221-SSA1,8,1615
940.09
(1) (c) Causes the death of an unborn child by the operation or handling
16of a vehicle while under the influence of an intoxicant.
AB221-SSA1,8,1917
(d) Causes the death of an unborn child by the operation or handling of a vehicle
18while the person has a prohibited alcohol concentration, as defined in s. 340.01
19(46m).
AB221-SSA1,8,2220
(e) Causes the death of an unborn child by the operation of a commercial motor
21vehicle while the person has an alcohol concentration of 0.04 or more but less than
220.1.
AB221-SSA1,9,224
940.09
(1b) If there was a minor passenger under 16 years of age
or an unborn
25child in the motor vehicle at the time of the violation that gave rise to the conviction
1under sub. (1), any applicable maximum fine or imprisonment specified for the
2conviction is doubled.
AB221-SSA1,9,94
940.09
(1d) If the person who committed an offense under sub. (1) (a)
or, (b)
,
5(c) or (d) has 2 or more prior convictions, suspensions or revocations in a 10-year
6period, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be
7followed regarding the immobilization or seizure and forfeiture of a motor vehicle
8owned by the person who committed the offense or the equipping of a motor vehicle
9owned by the person with an ignition interlock device.
AB221-SSA1, s. 27
10Section
27. 940.09 (1g) (c) and (d) of the statutes are created to read:
AB221-SSA1,9,1211
940.09
(1g) (c) Causes the death of an unborn child by the operation or handling
12of a firearm or airgun while under the influence of an intoxicant.
AB221-SSA1,9,1413
(d) Causes the death of an unborn child by the operation or handling of a
14firearm or airgun while the person has an alcohol concentration of 0.1 or more.
AB221-SSA1,9,2516
940.09
(1m) A person may be charged with and a prosecutor may proceed upon
17an information based upon a violation of sub. (1) (a) or (b) or both
or of, sub. (1) (a)
18or (bm) or both
or of, sub. (1) (c) or (d) or both, sub. (1) (c) or (e) or both, sub. (1g) (a)
19or (b) or both
or sub. (1g) (c) or (d) or both for acts arising out of the same incident or
20occurrence. If the person is charged with violating
both sub. (1) (a) and (b)
or, both
21sub. (1) (a) and (bm)
or, both sub. (1) (c) and (d), both sub. (1) (c) and (e), both sub. (1g)
22(a) and (b)
or both sub. (1g) (c) and (d) in the information, the crimes shall be joined
23under s. 971.12. If the person is found guilty of both sub. (1) (a) and (b)
or of, both
24sub. (1) (a) and (bm)
or of, both sub. (1) (c) and (d), both sub. (1) (c) and (e), both sub.
25(1g) (a) and (b)
or both sub. (1g) (c) and (d) for acts arising out of the same incident
1or occurrence, there shall be a single conviction for purposes of sentencing and for
2purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6)
3(a) 2. and 3., under s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3. Subsection (1)
4(a), (b)
and, (bm),
(c), (d) and (e), and sub. (1g) (a)
and, (b),
(c) and (d), each require
5proof of a fact for conviction which the other does not require.
AB221-SSA1,10,117
940.09
(2) The defendant has a defense if he or she proves by a preponderance
8of the evidence that the death would have occurred even if he or she had been
9exercising due care and he or she had not been under the influence of an intoxicant
10or did not have an alcohol concentration described under sub. (1) (b)
or, (bm)
, (d) or
11(e) or (1g) (b)
or (d).
AB221-SSA1,10,1514
940.10
(2) Whoever causes the death of an unborn child by the negligent
15operation or handling of a vehicle is guilty of a Class E felony.
AB221-SSA1,10,21
17940.195 Battery to an unborn child; substantial battery to an unborn
18child; aggravated battery to an unborn child. (1) Whoever causes bodily harm
19to an unborn child by an act done with intent to cause bodily harm to that unborn
20child or to the woman who the actor knows or should know is pregnant with that
21unborn child is guilty of a Class A misdemeanor.
AB221-SSA1,10,24
22(2) Whoever causes substantial bodily harm to an unborn child by an act done
23with intent to cause bodily harm to that unborn child or to the woman who the actor
24knows or should know is pregnant with that unborn child is guilty of a Class E felony.
AB221-SSA1,11,4
1(3) Whoever causes substantial bodily harm to an unborn child by an act done
2with intent to cause substantial bodily harm to that unborn child or to the woman
3who the actor knows or should know is pregnant with that unborn child is guilty of
4a Class D felony.
AB221-SSA1,11,7
5(4) Whoever causes great bodily harm to an unborn child by an act done with
6intent to cause bodily harm to that unborn child or to the woman who the actor knows
7or should know is pregnant with that unborn child is guilty of a Class D felony.
AB221-SSA1,11,11
8(5) Whoever causes great bodily harm to an unborn child by an act done with
9intent to cause either substantial bodily harm or great bodily harm to that unborn
10child or to the woman who the actor knows or should know is pregnant with that
11unborn child is guilty of a Class C felony.
AB221-SSA1,11,14
12(6) Whoever intentionally causes bodily harm to an unborn child by conduct
13that creates a substantial risk of great bodily harm to that unborn child is guilty of
14a Class D felony.
AB221-SSA1, s. 33
15Section
33. 940.23 (1) of the statutes is renumbered 940.23 (1) (a).
AB221-SSA1,11,2017
940.23
(1) (b) Whoever recklessly causes great bodily harm to an unborn child
18under circumstances that show utter disregard for the life of that unborn child or the
19woman who the actor knows or should know is pregnant with that unborn child is
20guilty of a Class C felony.
AB221-SSA1, s. 35
21Section
35. 940.23 (2) of the statutes is renumbered 940.23 (2) (a).
AB221-SSA1,11,2423
940.23
(2) (b) Whoever recklessly causes great bodily harm to an unborn child
24is guilty of a Class D felony.
AB221-SSA1,12,42
940.24
(2) Whoever causes bodily harm to an unborn child by the negligent
3operation or handling of a dangerous weapon, explosives or fire is guilty of a Class
4E felony.
AB221-SSA1, s. 39
5Section
39. 940.25 (1) (c) to (e) of the statutes are created to read:
AB221-SSA1,12,76
940.25
(1) (c) Causes great bodily harm to an unborn child by the operation of
7a vehicle while under the influence of an intoxicant.
AB221-SSA1,12,108
(d) Causes great bodily harm to an unborn child by the operation of a vehicle
9while the person has a prohibited alcohol concentration, as defined in s. 340.01
10(46m).
AB221-SSA1,12,1311
(e) Causes great bodily harm to an unborn child by the operation of a
12commercial motor vehicle while the person has an alcohol concentration of 0.04 or
13more but less than 0.1.
AB221-SSA1,12,1815
940.25
(1b) If there was a minor passenger under 16 years of age
or an unborn
16child in the motor vehicle at the time of the violation that gave rise to the conviction
17under sub. (1), any applicable maximum fine or imprisonment specified for the
18conviction is doubled.
AB221-SSA1,12,2520
940.25
(1d) If the person who committed the offense under sub. (1) (a)
or, (b)
,
21(c) or (d) has 2 or more prior convictions, suspensions or revocations in a 10-year
22period, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be
23followed regarding the immobilization or seizure and forfeiture of a motor vehicle
24owned by the person who committed the offense or the equipping of a motor vehicle
25owned by the person with an ignition interlock device.
AB221-SSA1,13,142
940.25
(1m) A person may be charged with and a prosecutor may proceed upon
3an information based upon a violation of sub. (1) (a) or (b) or both
or of, sub. (1) (a)
4or (bm) or both
, sub. (1) (c) or (d) or both or sub. (1) (c) or (e) or both for acts arising
5out of the same incident or occurrence. If the person is charged with violating both
6sub. (1) (a) and (b)
or, both sub. (1) (a) and (bm)
, both sub. (1) (c) and (d) or both sub.
7(1) (c) and (e) in the information, the crimes shall be joined under s. 971.12. If the
8person is found guilty of both sub. (1) (a) and (b)
or of, both sub. (1) (a) and (bm)
, both
9sub. (1) (c) and (d) or both sub. (1) (c) and (e) for acts arising out of the same incident
10or occurrence, there shall be a single conviction for purposes of sentencing and for
11purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6)
12(a) 2. or 3., under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2. and 3.
13Subsection (1) (a), (b)
and, (bm)
, (c), (d) and (e) each require proof of a fact for
14conviction which the other does not require.
AB221-SSA1,13,2016
940.25
(2) The defendant has a defense if he or she proves by a preponderance
17of the evidence that the great bodily harm would have occurred even if he or she had
18been exercising due care and he or she had not been under the influence of an
19intoxicant or did not have an alcohol concentration described under sub. (1)
(b), or
20(bm)
, (d) or (e).
AB221-SSA1, s. 44
21Section
44. 941.38 (1) (b) 4. of the statutes is amended to read:
AB221-SSA1,13,2322
941.38
(1) (b) 4. Battery
, substantial battery or aggravated battery, as
23prohibited in s. 940.19
or 940.195.
AB221-SSA1,14,3
1969.035
(1) In this section, "violent crime" means any crime specified in s.
2940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.10, 940.19 (5),
940.195
3(5), 940.21, 940.225 (1), 940.23, 941.327, 948.02 (1) or (2), 948.025 or 948.03.
AB221-SSA1,14,126
969.08
(10) (b) "Serious crime" means any crime specified in s. 346.62 (4),
7940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5),
940.195
8(5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25,
9940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30,
10941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10,
11943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1)
12or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07 or 948.30.
AB221-SSA1, s. 47
13Section
47. 973.0135 (1) (b) 2. of the statutes, as affected by 1997 Wisconsin
14Act .... (Assembly Bill 220), is amended to read:
AB221-SSA1,14,1915
973.0135
(1) (b) 2. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
16(1), 940.16, 940.19 (5),
940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31,
17941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 946.43,
18948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, 948.30
19(2), 948.35 (1) (b) or (c) or 948.36.
AB221-SSA1,14,2321
980.01
(6) (b) Any crime specified in s. 940.01, 940.02, 940.05, 940.06, 940.19
22(4) or (5),
940.195 (4) or (5), 940.30, 940.305, 940.31 or 943.10 that is determined, in
23a proceeding under s. 980.05 (3) (b), to have been sexually motivated.
AB221-SSA1,15,2
1(1) This act first applies to offenses occurring on the effective date of this
2subsection.