AB221-SSA2,12,2
1940.23
(2) (b) Whoever recklessly causes great bodily harm to a viable fetus is
2guilty of a Class D felony.
AB221-SSA2,12,75
940.24
(2) Whoever causes bodily harm to a viable fetus by the negligent
6operation or handling of a dangerous weapon, explosives or fire is guilty of a Class
7E felony.
AB221-SSA2, s. 39
8Section
39. 940.25 (1) (c) to (e) of the statutes are created to read:
AB221-SSA2,12,109
940.25
(1) (c) Causes great bodily harm to a viable fetus by the operation of a
10vehicle while under the influence of an intoxicant.
AB221-SSA2,12,1211
(d) Causes great bodily harm to a viable fetus by the operation of a vehicle while
12the person has a prohibited alcohol concentration, as defined in s. 340.01 (46m).
AB221-SSA2,12,1513
(e) Causes great bodily harm to a viable fetus by the operation of a commercial
14motor vehicle while the person has an alcohol concentration of 0.04 or more but less
15than 0.1.
AB221-SSA2,12,2017
940.25
(1b) If there was a minor passenger under 16 years of age
or a viable
18fetus in the motor vehicle at the time of the violation that gave rise to the conviction
19under sub. (1), any applicable maximum fine or imprisonment specified for the
20conviction is doubled.
AB221-SSA2,13,222
940.25
(1d) If the person who committed the offense under sub. (1) (a)
or, (b)
,
23(c) or (d) has 2 or more prior convictions, suspensions or revocations in a 10-year
24period, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be
25followed regarding the immobilization or seizure and forfeiture of a motor vehicle
1owned by the person who committed the offense or the equipping of a motor vehicle
2owned by the person with an ignition interlock device.
AB221-SSA2,13,164
940.25
(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
, sub. (1) (c) or (d) or both or sub. (1) (c) or (e) or both for acts arising
7out of the same incident or occurrence. If the person is charged with violating both
8sub. (1) (a) and (b)
or, both sub. (1) (a) and (bm)
, both sub. (1) (c) and (d) or both sub.
9(1) (c) and (e) in the information, the crimes shall be joined under s. 971.12. If the
10person is found guilty of both sub. (1) (a) and (b)
or of, both sub. (1) (a) and (bm)
, both
11sub. (1) (c) and (d) or both sub. (1) (c) and (e) for acts arising out of the same incident
12or occurrence, there shall be a single conviction for purposes of sentencing and for
13purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6)
14(a) 2. or 3., under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2. and 3.
15Subsection (1) (a), (b)
and, (bm)
, (c), (d) and (e) each require proof of a fact for
16conviction which the other does not require.
AB221-SSA2,13,2218
940.25
(2) The defendant has a defense if he or she proves by a preponderance
19of the evidence that the great bodily harm would have occurred even if he or she had
20been exercising due care and he or she had not been under the influence of an
21intoxicant or did not have an alcohol concentration described under sub. (1)
(b), or
22(bm)
, (d) or (e).
AB221-SSA2, s. 44
23Section
44. 941.38 (1) (b) 4. of the statutes is amended to read:
AB221-SSA2,13,2524
941.38
(1) (b) 4. Battery
, substantial battery or aggravated battery, as
25prohibited in s. 940.19
or 940.195.
AB221-SSA2,14,42
969.035
(1) In this section, "violent crime" means any crime specified in s.
3940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.10, 940.19 (5),
940.195
4(5), 940.21, 940.225 (1), 940.23, 941.327, 948.02 (1) or (2), 948.025 or 948.03.
AB221-SSA2,14,137
969.08
(10) (b) "Serious crime" means any crime specified in s. 346.62 (4),
8940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5),
940.195
9(5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25,
10940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30,
11941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10,
12943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1)
13or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07 or 948.30.
AB221-SSA2, s. 47
14Section
47. 973.0135 (1) (b) 2. of the statutes, as affected by 1997 Wisconsin
15Act .... (Assembly Bill 220), is amended to read:
AB221-SSA2,14,2016
973.0135
(1) (b) 2. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
17(1), 940.16, 940.19 (5),
940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31,
18941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 946.43,
19948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, 948.30
20(2), 948.35 (1) (b) or (c) or 948.36.
AB221-SSA2,14,2422
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.
AB221-SSA2,15,2
1(1) This act first applies to offenses occurring on the effective date of this
2subsection.