SB357, s. 430
18Section
430. 939.62 (2m) (a) 2m. b. of the statutes is amended to read:
SB357,180,2419
939.62
(2m) (a) 2m. b. Any felony under
s. 940.09 (1), 1997 stats., s. 943.23 (1m)
20or (1r), 1997 stats., s. 948.35 (1) (b) or (c), 1997 stats., or s. 948.36, 1997 stats., or s.
21940.01, 940.02, 940.03, 940.05, 940.09
(1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21,
22940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
23(1m) or (1r), 943.32 (2), 946.43, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05,
24948.06, 948.07, 948.08
, or 948.30 (2)
, 948.35 (1) (b) or (c) or 948.36.
SB357, s. 431
25Section
431. 939.622 of the statutes is repealed.
SB357, s. 435
4Section
435. 939.63 (1) of the statutes is renumbered 939.63, and 939.63 (1)
5(d), (2) and (3), as renumbered, are amended to read:
SB357,181,76
939.63
(1) (d) The maximum term of imprisonment for a felony not specified
7in
subd. 2. or 3. par (b) or (c) may be increased by not more than 3 years.
SB357,181,10
8(2) The increased penalty provided in this
subsection section does not apply if
9possessing, using or threatening to use a dangerous weapon is an essential element
10of the crime charged.
SB357,181,12
11(3) This
subsection section applies only to crimes specified under chs. 939 to
12951 and 961.
SB357, s. 436
13Section
436. 939.63 (2) of the statutes is repealed.
SB357, s. 437
14Section
437. 939.632 (1) (e) 1. of the statutes is amended to read:
SB357,181,1915
939.632
(1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
(1) 16(1c), 940.19 (2),
(3), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.305, 940.31, 941.20,
17941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g),
(1m) or (1r), 943.32 (2), 948.02 (1) or
18(2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.055, 948.07, 948.08
, or 948.30 (2)
, 948.35
19(1) (b) or (c) or 948.36.
SB357, s. 438
20Section
438. 939.632 (2) of the statutes is amended to read:
SB357,181,2221
939.632
(2) If a person commits a violent crime in a school zone, the maximum
22period term of imprisonment is increased as follows:
SB357,181,2423
(a) If the violent crime is a felony, the maximum
period term of imprisonment
24is increased by 5 years.
SB357,182,3
1(b) If the violent crime is a misdemeanor, the maximum
period term of
2imprisonment is increased by 3 months and the place of imprisonment is the county
3jail.
SB357, s. 442
8Section
442. 939.645 (2) of the statutes is amended to read:
SB357,182,129
939.645
(2) (a) If the crime committed under sub. (1) is ordinarily a
10misdemeanor other than a Class A misdemeanor, the revised maximum fine is
11$10,000 and the revised maximum
period term of imprisonment is one year in the
12county jail.
SB357,182,1613
(b) If the crime committed under sub. (1) is ordinarily a Class A misdemeanor,
14the penalty increase under this section changes the status of the crime to a felony and
15the revised maximum fine is $10,000 and the revised maximum
period term of
16imprisonment is 2 years.
SB357,182,2017
(c) If the crime committed under sub. (1) is a felony, the maximum fine
18prescribed by law for the crime may be increased by not more than $5,000 and the
19maximum
period term of imprisonment prescribed by law for the crime may be
20increased by not more than 5 years.
SB357, s. 443
21Section
443. 939.646 of the statutes is repealed.
SB357, s. 444
22Section
444. 939.647 of the statutes is repealed.
SB357, s. 445
23Section
445. 939.648 of the statutes is repealed.
SB357, s. 446
24Section
446. 939.72 (1) of the statutes is amended to read:
SB357,183,2
1939.72
(1) Section 939.30
, 948.35 or 948.36 for solicitation and s. 939.05 as a
2party to a crime which is the objective of the solicitation; or
SB357, s. 447
3Section
447. 939.75 (1) of the statutes is amended to read:
SB357,183,84
939.75
(1) In this section and ss. 939.24 (1), 939.25 (1), 940.01 (1) (b), 940.02
5(1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e)
, (1b) and (1g) (c)
6and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2) and 940.25 (1) (c) to
7(e)
and (1b), "unborn child" means any individual of the human species from
8fertilization until birth that is gestating inside a woman.
SB357, s. 448
9Section
448. 940.02 (2) (intro.) of the statutes is amended to read:
SB357,183,1110
940.02
(2) (intro.) Whoever causes the death of another human being under any
11of the following circumstances is guilty of a Class
B
C felony:
SB357, s. 449
12Section
449. 940.03 of the statutes is amended to read:
SB357,183,17
13940.03 Felony murder. Whoever causes the death of another human being
14while committing or attempting to commit a crime specified in s. 940.225 (1) or (2)
15(a), 943.02, 943.10 (2)
, 943.23 (1g) or 943.32 (2) may be imprisoned for not more than
1620 15 years in excess of the maximum
period term of imprisonment provided by law
17for that crime or attempt.
SB357, s. 450
18Section
450. 940.04 (1) of the statutes is amended to read:
SB357,183,2119
940.04
(1) Any person, other than the mother, who intentionally destroys the
20life of an unborn child
may be fined not more than $5,000 or imprisoned not more
21than 3 years or both is guilty of a Class H felony.
SB357, s. 451
22Section
451. 940.04 (2) (intro.) of the statutes is amended to read:
SB357,183,2423
940.04
(2) (intro.) Any person, other than the mother, who does either of the
24following
may be imprisoned not more than 15 years
is guilty of a Class E felony:
SB357, s. 452
25Section
452. 940.04 (4) of the statutes is amended to read:
SB357,184,3
1940.04
(4) Any pregnant woman who intentionally destroys the life of her
2unborn quick child or who consents to such destruction by another
may be
3imprisoned not more than 2 years is guilty of a Class I felony.
SB357, s. 453
4Section
453. 940.06 (1) of the statutes is amended to read:
SB357,184,65
940.06
(1) Whoever recklessly causes the death of another human being is
6guilty of a Class
C D felony.
SB357, s. 454
7Section
454. 940.06 (2) of the statutes is amended to read:
SB357,184,98
940.06
(2) Whoever recklessly causes the death of an unborn child is guilty of
9a Class
C D felony.
SB357, s. 455
10Section
455. 940.07 of the statutes is amended to read:
SB357,184,15
11940.07 Homicide resulting from negligent control of vicious animal. 12Whoever knowing the vicious propensities of any animal intentionally allows it to go
13at large or keeps it without ordinary care, if such animal, while so at large or not
14confined, kills any human being who has taken all the precautions which the
15circumstances may permit to avoid such animal, is guilty of a Class
C G felony.
SB357, s. 456
16Section
456. 940.08 (1) of the statutes is amended to read:
SB357,184,1917
940.08
(1) Whoever causes the death of another human being by the negligent
18operation or handling of a dangerous weapon, explosives or fire is guilty of a Class
19D G felony.
SB357, s. 457
20Section
457. 940.08 (2) of the statutes is amended to read:
SB357,184,2321
940.08
(2) Whoever causes the death of an unborn child by the negligent
22operation or handling of a dangerous weapon, explosives or fire is guilty of a Class
D 23G felony.
SB357, s. 458
24Section
458. 940.09 (1) (intro.) of the statutes is amended to read:
SB357,185,2
1940.09
(1) (intro.) Any person who does any of the following
is guilty of a Class
2B felony may be penalized as provided in sub. (1c):
SB357, s. 459
3Section
459. 940.09 (1b) of the statutes is repealed.
SB357, s. 460
4Section
460. 940.09 (1c) of the statutes is created to read:
SB357,185,65
940.09
(1c) (a) Except as provided in par. (b), a person who violates sub. (1) is
6guilty of a Class D felony.
SB357,185,97
(b) A person who violates sub. (1) is guilty of a Class C felony if the person has
8one or more prior convictions, suspensions or revocations, as counted under s.
9343.307 (2).
SB357, s. 461
10Section
461. 940.10 (1) of the statutes is amended to read:
SB357,185,1211
940.10
(1) Whoever causes the death of another human being by the negligent
12operation or handling of a vehicle is guilty of a Class
E G felony.
SB357, s. 462
13Section
462. 940.10 (2) of the statutes is amended to read:
SB357,185,1514
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 G felony.
SB357, s. 463
16Section
463. 940.11 (1) of the statutes is amended to read:
SB357,185,1917
940.11
(1) Whoever mutilates, disfigures or dismembers a corpse, with intent
18to conceal a crime or avoid apprehension, prosecution or conviction for a crime, is
19guilty of a Class
C F felony.
SB357, s. 464
20Section
464. 940.11 (2) of the statutes is amended to read:
SB357,185,2321
940.11
(2) Whoever hides or buries a corpse, with intent to conceal a crime or
22avoid apprehension, prosecution or conviction for a crime, is guilty of a Class
D G 23felony.
SB357, s. 465
24Section
465. 940.12 of the statutes is amended to read:
SB357,186,2
1940.12 Assisting suicide. Whoever with intent that another take his or her
2own life assists such person to commit suicide is guilty of a Class
D H felony.
SB357, s. 466
3Section
466. 940.15 (2) of the statutes is amended to read:
SB357,186,64
940.15
(2) Whoever intentionally performs an abortion after the fetus or
5unborn child reaches viability, as determined by reasonable medical judgment of the
6woman's attending physician, is guilty of a Class
E
I felony.
SB357, s. 467
7Section
467. 940.15 (5) of the statutes is amended to read:
SB357,186,98
940.15
(5) Whoever intentionally performs an abortion and who is not a
9physician is guilty of a Class
E I felony.
SB357, s. 468
10Section
468. 940.15 (6) of the statutes is amended to read:
SB357,186,1711
940.15
(6) Any physician who intentionally performs an abortion under sub.
12(3) shall use that method of abortion which, of those he or she knows to be available,
13is in his or her medical judgment most likely to preserve the life and health of the
14fetus or unborn child. Nothing in this subsection requires a physician performing
15an abortion to employ a method of abortion which, in his or her medical judgment
16based on the particular facts of the case before him or her, would increase the risk
17to the woman. Any physician violating this subsection is guilty of a Class
E I felony.
SB357, s. 469
18Section
469. 940.19 (2) of the statutes is amended to read:
SB357,186,2119
940.19
(2) Whoever causes substantial bodily harm to another by an act done
20with intent to cause bodily harm to that person or another is guilty of a Class
E I 21felony.
SB357, s. 470
22Section
470. 940.19 (3) of the statutes is repealed.
SB357, s. 471
23Section
471. 940.19 (4) of the statutes is amended to read:
SB357,186,2524
940.19
(4) Whoever causes great bodily harm to another by an act done with
25intent to cause bodily harm to that person or another is guilty of a Class
D H felony.
SB357, s. 472
1Section
472. 940.19 (5) of the statutes is amended to read:
SB357,187,42
940.19
(5) Whoever causes great bodily harm to another by an act done with
3intent to cause
either substantial bodily harm or great bodily harm to that person
4or another is guilty of a Class
C E felony.
SB357, s. 473
5Section
473. 940.19 (6) (intro.) of the statutes is amended to read:
SB357,187,96
940.19
(6) (intro.) Whoever intentionally causes bodily harm to another by
7conduct that creates a substantial risk of great bodily harm is guilty of a Class
D H 8felony. A rebuttable presumption of conduct creating a substantial risk of great
9bodily harm arises:
SB357, s. 474
10Section
474. 940.195 (2) of the statutes is amended to read:
SB357,187,1311
940.195
(2) Whoever causes substantial bodily harm to an unborn child by an
12act done with intent to cause bodily harm to that unborn child, to the woman who is
13pregnant with that unborn child or another is guilty of a Class
E I felony.
SB357, s. 475
14Section
475. 940.195 (3) of the statutes is repealed.
SB357, s. 476
15Section
476. 940.195 (4) of the statutes is amended to read:
SB357,187,1816
940.195
(4) Whoever causes great bodily harm to an unborn child by an act
17done with intent to cause bodily harm to that unborn child, to the woman who is
18pregnant with that unborn child or another is guilty of a Class
D H felony.
SB357, s. 477
19Section
477. 940.195 (5) of the statutes is amended to read:
SB357,187,2320
940.195
(5) Whoever causes great bodily harm to an unborn child by an act
21done with intent to cause
either substantial bodily harm or great bodily harm to that
22unborn child, to the woman who is pregnant with that unborn child or another is
23guilty of a Class
C E felony.