SB357: Bill Text

SB357, s. 429 Section 429. 939.62 (2m) (a) 2m. a. of the statutes is amended to read:

SB357,180,17 939.62 (2m) (a) 2m. a. Any felony under s. 961.41 (1), (1m) or (1x) if the felony is that is a Class A, B or C felony or, if the felony was committed before December 31, 1999, that was punishable by a maximum prison term of 30 years or more.

SB357, s. 430 Section 430. 939.62 (2m) (a) 2m. b. of the statutes is amended to read:

SB357,180,24 939.62 (2m) (a) 2m. b. Any felony under s. 940.09 (1), 1997 stats., s. 943.23 (1m) or (1r), 1997 stats., s. 948.35 (1) (b) or (c), 1997 stats., or s. 948.36, 1997 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 946.43, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, or 948.30 (2), 948.35 (1) (b) or (c) or 948.36.

SB357, s. 431 Section 431. 939.622 of the statutes is repealed.

SB357, s. 432 Section 432. 939.623 of the statutes is repealed.

SB357, s. 433 Section 433. 939.624 of the statutes is repealed.

SB357, s. 434 Section 434. 939.625 of the statutes is repealed.

SB357, s. 435 Section 435. 939.63 (1) of the statutes is renumbered 939.63, and 939.63 (1) (d), (2) and (3), as renumbered, are amended to read:

SB357,181,7 939.63 (1) (d) The maximum term of imprisonment for a felony not specified in subd. 2. or 3. par (b) or (c) may be increased by not more than 3 years.

SB357,181,10 (2) The increased penalty provided in this subsection section does not apply if possessing, using or threatening to use a dangerous weapon is an essential element of the crime charged.

SB357,181,12 (3) This subsection section applies only to crimes specified under chs. 939 to 951 and 961.

SB357, s. 436 Section 436. 939.63 (2) of the statutes is repealed.

SB357, s. 437 Section 437. 939.632 (1) (e) 1. of the statutes is amended to read:

SB357,181,19 939.632 (1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.19 (2), (3), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.305, 940.31, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.055, 948.07, 948.08 , or 948.30 (2), 948.35 (1) (b) or (c) or 948.36.

SB357, s. 438 Section 438. 939.632 (2) of the statutes is amended to read:

SB357,181,22 939.632 (2) If a person commits a violent crime in a school zone, the maximum period term of imprisonment is increased as follows:

SB357,181,24 (a) If the violent crime is a felony, the maximum period term of imprisonment is increased by 5 years.

SB357,182,3 (b) If the violent crime is a misdemeanor, the maximum period term of imprisonment is increased by 3 months and the place of imprisonment is the county jail.

SB357, s. 439 Section 439. 939.635 of the statutes, as affected by 1999 Wisconsin Act 9, is repealed.

SB357, s. 440 Section 440. 939.64 of the statutes is repealed.

SB357, s. 441 Section 441. 939.641 of the statutes is repealed.

SB357, s. 442 Section 442. 939.645 (2) of the statutes is amended to read:

SB357,182,12 939.645 (2) (a) If the crime committed under sub. (1) is ordinarily a misdemeanor other than a Class A misdemeanor, the revised maximum fine is $10,000 and the revised maximum period term of imprisonment is one year in the county jail.

SB357,182,16 (b) If the crime committed under sub. (1) is ordinarily a Class A misdemeanor, the penalty increase under this section changes the status of the crime to a felony and the revised maximum fine is $10,000 and the revised maximum period term of imprisonment is 2 years.

SB357,182,20 (c) If the crime committed under sub. (1) is a felony, the maximum fine prescribed by law for the crime may be increased by not more than $5,000 and the maximum period term of imprisonment prescribed by law for the crime may be increased by not more than 5 years.

SB357, s. 443 Section 443. 939.646 of the statutes is repealed.

SB357, s. 444 Section 444. 939.647 of the statutes is repealed.

SB357, s. 445 Section 445. 939.648 of the statutes is repealed.

SB357, s. 446 Section 446. 939.72 (1) of the statutes is amended to read:

SB357,183,2 939.72 (1) Section 939.30, 948.35 or 948.36 for solicitation and s. 939.05 as a party to a crime which is the objective of the solicitation; or

SB357, s. 447 Section 447. 939.75 (1) of the statutes is amended to read:

SB357,183,8 939.75 (1) In this section and ss. 939.24 (1), 939.25 (1), 940.01 (1) (b), 940.02 (1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e), (1b) and (1g) (c) and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2) and 940.25 (1) (c) to (e) and (1b), "unborn child" means any individual of the human species from fertilization until birth that is gestating inside a woman.

SB357, s. 448 Section 448. 940.02 (2) (intro.) of the statutes is amended to read:

SB357,183,11 940.02 (2) (intro.) Whoever causes the death of another human being under any of the following circumstances is guilty of a Class B C felony:

SB357, s. 449 Section 449. 940.03 of the statutes is amended to read:

SB357,183,17 940.03 Felony murder. Whoever causes the death of another human being while committing or attempting to commit a crime specified in s. 940.225 (1) or (2) (a), 943.02, 943.10 (2), 943.23 (1g) or 943.32 (2) may be imprisoned for not more than 20 15 years in excess of the maximum period term of imprisonment provided by law for that crime or attempt.

SB357, s. 450 Section 450. 940.04 (1) of the statutes is amended to read:

SB357,183,21 940.04 (1) Any person, other than the mother, who intentionally destroys the life of an unborn child may be fined not more than $5,000 or imprisoned not more than 3 years or both is guilty of a Class H felony.

SB357, s. 451 Section 451. 940.04 (2) (intro.) of the statutes is amended to read:

SB357,183,24 940.04 (2) (intro.) Any person, other than the mother, who does either of the following may be imprisoned not more than 15 years is guilty of a Class E felony:

SB357, s. 452 Section 452. 940.04 (4) of the statutes is amended to read:

SB357,184,3 940.04 (4) Any pregnant woman who intentionally destroys the life of her unborn quick child or who consents to such destruction by another may be imprisoned not more than 2 years is guilty of a Class I felony.

SB357, s. 453 Section 453. 940.06 (1) of the statutes is amended to read:

SB357,184,6 940.06 (1) Whoever recklessly causes the death of another human being is guilty of a Class C D felony.

SB357, s. 454 Section 454. 940.06 (2) of the statutes is amended to read:

SB357,184,9 940.06 (2) Whoever recklessly causes the death of an unborn child is guilty of a Class C D felony.

SB357, s. 455 Section 455. 940.07 of the statutes is amended to read:

SB357,184,15 940.07 Homicide resulting from negligent control of vicious animal. Whoever knowing the vicious propensities of any animal intentionally allows it to go at large or keeps it without ordinary care, if such animal, while so at large or not confined, kills any human being who has taken all the precautions which the circumstances may permit to avoid such animal, is guilty of a Class C G felony.

SB357, s. 456 Section 456. 940.08 (1) of the statutes is amended to read:

SB357,184,19 940.08 (1) Whoever causes the death of another human being by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class D G felony.

SB357, s. 457 Section 457. 940.08 (2) of the statutes is amended to read:

SB357,184,23 940.08 (2) Whoever causes the death of an unborn child by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class D G felony.

SB357, s. 458 Section 458. 940.09 (1) (intro.) of the statutes is amended to read:

SB357,185,2 940.09 (1) (intro.) Any person who does any of the following is guilty of a Class B felony may be penalized as provided in sub. (1c):

SB357, s. 459 Section 459. 940.09 (1b) of the statutes is repealed.

SB357, s. 460 Section 460. 940.09 (1c) of the statutes is created to read:

SB357,185,6 940.09 (1c) (a) Except as provided in par. (b), a person who violates sub. (1) is guilty of a Class D felony.

SB357,185,9 (b) A person who violates sub. (1) is guilty of a Class C felony if the person has one or more prior convictions, suspensions or revocations, as counted under s. 343.307 (2).

SB357, s. 461 Section 461. 940.10 (1) of the statutes is amended to read:

SB357,185,12 940.10 (1) Whoever causes the death of another human being by the negligent operation or handling of a vehicle is guilty of a Class E G felony.

SB357, s. 462 Section 462. 940.10 (2) of the statutes is amended to read:

SB357,185,15 940.10 (2) Whoever causes the death of an unborn child by the negligent operation or handling of a vehicle is guilty of a Class E G felony.

SB357, s. 463 Section 463. 940.11 (1) of the statutes is amended to read:

SB357,185,19 940.11 (1) Whoever mutilates, disfigures or dismembers a corpse, with intent to conceal a crime or avoid apprehension, prosecution or conviction for a crime, is guilty of a Class C F felony.

SB357, s. 464 Section 464. 940.11 (2) of the statutes is amended to read:

SB357,185,23 940.11 (2) Whoever hides or buries a corpse, with intent to conceal a crime or avoid apprehension, prosecution or conviction for a crime, is guilty of a Class D G felony.

SB357, s. 465 Section 465. 940.12 of the statutes is amended to read:

SB357,186,2 940.12 Assisting suicide. Whoever with intent that another take his or her own life assists such person to commit suicide is guilty of a Class D H felony.

SB357, s. 466 Section 466. 940.15 (2) of the statutes is amended to read:

SB357,186,6 940.15 (2) Whoever intentionally performs an abortion after the fetus or unborn child reaches viability, as determined by reasonable medical judgment of the woman's attending physician, is guilty of a Class E I felony.

SB357, s. 467 Section 467. 940.15 (5) of the statutes is amended to read:

SB357,186,9 940.15 (5) Whoever intentionally performs an abortion and who is not a physician is guilty of a Class E I felony.

SB357, s. 468 Section 468. 940.15 (6) of the statutes is amended to read:

SB357,186,17 940.15 (6) Any physician who intentionally performs an abortion under sub. (3) shall use that method of abortion which, of those he or she knows to be available, is in his or her medical judgment most likely to preserve the life and health of the fetus or unborn child. Nothing in this subsection requires a physician performing an abortion to employ a method of abortion which, in his or her medical judgment based on the particular facts of the case before him or her, would increase the risk to the woman. Any physician violating this subsection is guilty of a Class E I felony.

SB357, s. 469 Section 469. 940.19 (2) of the statutes is amended to read:

SB357,186,21 940.19 (2) Whoever causes substantial bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class E I felony.

SB357, s. 470 Section 470. 940.19 (3) of the statutes is repealed.

SB357, s. 471 Section 471. 940.19 (4) of the statutes is amended to read:

SB357,186,25 940.19 (4) Whoever causes great bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class D H felony.

SB357, s. 472 Section 472. 940.19 (5) of the statutes is amended to read:

SB357,187,4 940.19 (5) Whoever causes great bodily harm to another by an act done with intent to cause either substantial bodily harm or great bodily harm to that person or another is guilty of a Class C E felony.

SB357, s. 473 Section 473. 940.19 (6) (intro.) of the statutes is amended to read:

SB357,187,9 940.19 (6) (intro.) Whoever intentionally causes bodily harm to another by conduct that creates a substantial risk of great bodily harm is guilty of a Class D H felony. A rebuttable presumption of conduct creating a substantial risk of great bodily harm arises:

SB357, s. 474 Section 474. 940.195 (2) of the statutes is amended to read:

SB357,187,13 940.195 (2) Whoever causes substantial bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class E I felony.

SB357, s. 475 Section 475. 940.195 (3) of the statutes is repealed.

SB357, s. 476 Section 476. 940.195 (4) of the statutes is amended to read:

SB357,187,18 940.195 (4) Whoever causes great bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class D H felony.