AB3,96,1513
939.62
(1) (c) A maximum term
of imprisonment of more than 10 years may be
14increased by not more than 2 years if the prior convictions were for misdemeanors
15and by not more than
10 6 years if the prior conviction was for a felony.
AB3, s. 285
16Section
285. 939.62 (2m) (a) 2m. a. of the statutes is amended to read:
AB3,96,2017
939.62
(2m) (a) 2m. a. Any felony under s. 961.41 (1), (1m) or (1x)
if the felony 18is that is a Class A, B, or C felony or, if the felony was committed before the effective
19date of this subd. 2m. a. .... [revisor inserts date], that is or was punishable by a
20maximum prison term of 30 years or more.
AB3, s. 286
21Section
286. 939.62 (2m) (a) 2m. b. of the statutes is amended to read:
AB3,97,222
939.62
(2m) (a) 2m. b. Any felony under
s. 940.09 (1), 1999 stats., s. 943.23 (1m)
23or (1r), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats., or s.
24940.01, 940.02, 940.03, 940.05, 940.09
(1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21,
25940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
1(1m) or (1r), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c),
2948.05, 948.06, 948.07, 948.08,
or 948.30 (2)
, 948.35 (1) (b) or (c) or 948.36.
AB3, s. 287
3Section
287. 939.622 of the statutes is repealed.
AB3, s. 288
4Section
288. 939.623 (2) of the statutes is amended to read:
AB3,97,115
939.623
(2) If a person has one or more prior convictions for a serious sex crime
6and subsequently commits a serious sex crime, the court shall
impose a bifurcated 7sentence
the person to under s. 973.01. The term of confinement in prison portion
8of a bifurcated sentence imposed under this subsection may not
be less than
5 years'
9imprisonment 3 years and 6 months, but otherwise the penalties for the crime apply,
10subject to any applicable penalty enhancement. The court
shall may not place the
11defendant on probation.
AB3, s. 289
12Section
289. 939.624 (2) of the statutes is amended to read:
AB3,97,2013
939.624
(2) If a person has one or more prior convictions for a serious violent
14crime or a crime punishable by life imprisonment and subsequently commits a
15serious violent crime, the court shall
impose a bifurcated sentence
the person to 16under s. 973.01. The term of confinement in prison portion of a bifurcated sentence
17imposed under this subsection may not
be less than
5 years' imprisonment 3 years
18and 6 months, but otherwise the penalties for the crime apply, subject to any
19applicable penalty enhancement. The court
shall
may not place the defendant on
20probation.
AB3, s. 290
21Section
290. 939.625 of the statutes is repealed.
AB3, s. 291
22Section
291. 939.63 (1) of the statutes is renumbered 939.63, and 939.63 (1)
23(d), (2) and (3), as renumbered, are amended to read:
AB3,97,2524
939.63
(1) (d) The maximum term of imprisonment for a felony not specified
25in
subd. 2. or 3. par (b) or (c) may be increased by not more than 3 years.
AB3,98,3
1(2) The increased penalty provided in this
subsection section does not apply if
2possessing, using or threatening to use a dangerous weapon is an essential element
3of the crime charged.
AB3,98,5
4(3) This
subsection section applies only to crimes specified under chs. 939 to
5951 and 961.
AB3, s. 292
6Section
292. 939.63 (2) of the statutes is repealed.
AB3, s. 293
7Section
293. 939.632 (1) (e) 1. of the statutes is amended to read:
AB3,98,128
939.632
(1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
(1) 9(1c), 940.19 (2),
(3), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.305, 940.31, 941.20,
10941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g),
(1m) or (1r), 943.32 (2), 948.02 (1) or
11(2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.055, 948.07, 948.08,
or 948.30 (2)
, 948.35
12(1) (b) or (c) or 948.36.
AB3, s. 294
13Section
294. 939.632 (2) of the statutes is amended to read:
AB3,98,1514
939.632
(2) If a person commits a violent crime in a school zone, the maximum
15period term of imprisonment is increased as follows:
AB3,98,1716
(a) If the violent crime is a felony, the maximum
period term of imprisonment
17is increased by 5 years.
AB3,98,2018
(b) If the violent crime is a misdemeanor, the maximum
period term of
19imprisonment is increased by 3 months and the place of imprisonment is the county
20jail.
AB3, s. 295
21Section
295. 939.635 of the statutes is repealed.
AB3, s. 296
22Section
296. 939.64 of the statutes is repealed.
AB3, s. 297
23Section
297. 939.641 of the statutes is repealed.
AB3, s. 298
24Section
298. 939.645 (2) of the statutes is amended to read:
AB3,99,4
1939.645
(2) (a) If the crime committed under sub. (1) is ordinarily a
2misdemeanor other than a Class A misdemeanor, the revised maximum fine is
3$10,000 and the revised maximum
period term of imprisonment is one year in the
4county jail.
AB3,99,85
(b) If the crime committed under sub. (1) is ordinarily a Class A misdemeanor,
6the penalty increase under this section changes the status of the crime to a felony and
7the revised maximum fine is $10,000 and the revised maximum
period term of
8imprisonment is 2 years.
AB3,99,129
(c) If the crime committed under sub. (1) is a felony, the maximum fine
10prescribed by law for the crime may be increased by not more than $5,000 and the
11maximum
period term of imprisonment prescribed by law for the crime may be
12increased by not more than 5 years.
AB3, s. 299
13Section
299. 939.646 of the statutes is repealed.
AB3, s. 300
14Section
300. 939.647 of the statutes is repealed.
AB3, s. 301
15Section
301. 939.648 of the statutes is repealed.
AB3, s. 302
16Section
302. 939.72 (1) of the statutes is amended to read:
AB3,99,1817
939.72
(1) Section 939.30
, 948.35 or 948.36 for solicitation and s. 939.05 as a
18party to a crime which is the objective of the solicitation; or
AB3, s. 303
19Section
303. 939.75 (1) of the statutes is amended to read:
AB3,99,2420
939.75
(1) In this section and ss. 939.24 (1), 939.25 (1), 940.01 (1) (b), 940.02
21(1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e)
, (1b) and (1g) (c)
22and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2) and 940.25 (1) (c) to
23(e)
and (1b), "unborn child" means any individual of the human species from
24fertilization until birth that is gestating inside a woman.
AB3, s. 304
25Section
304. 940.02 (2) (intro.) of the statutes is amended to read:
AB3,100,2
1940.02
(2) (intro.) Whoever causes the death of another human being under any
2of the following circumstances is guilty of a Class
B
C felony:
AB3, s. 305
3Section
305. 940.03 of the statutes is amended to read:
AB3,100,8
4940.03 Felony murder. Whoever causes the death of another human being
5while committing or attempting to commit a crime specified in s. 940.225 (1) or (2)
6(a), 943.02, 943.10 (2)
, 943.23 (1g), or 943.32 (2) may be imprisoned for not more than
720 15 years in excess of the maximum
period term of imprisonment provided by law
8for that crime or attempt.
AB3, s. 306
9Section
306. 940.04 (1) of the statutes is amended to read:
AB3,100,1210
940.04
(1) Any person, other than the mother, who intentionally destroys the
11life of an unborn child
may be fined not more than $5,000 or imprisoned not more
12than 3 years or both is guilty of a Class H felony.
AB3, s. 307
13Section
307. 940.04 (2) (intro.) of the statutes is amended to read:
AB3,100,1514
940.04
(2) (intro.) Any person, other than the mother, who does either of the
15following
may be imprisoned not more than 15 years
is guilty of a Class E felony:
AB3, s. 308
16Section
308. 940.04 (4) of the statutes is amended to read:
AB3,100,1917
940.04
(4) Any pregnant woman who intentionally destroys the life of her
18unborn quick child or who consents to such destruction by another
may be
19imprisoned not more than 2 years is guilty of a Class I felony.
AB3, s. 309
20Section
309. 940.06 (1) of the statutes is amended to read:
AB3,100,2221
940.06
(1) Whoever recklessly causes the death of another human being is
22guilty of a Class
C D felony.
AB3, s. 310
23Section
310. 940.06 (2) of the statutes is amended to read:
AB3,100,2524
940.06
(2) Whoever recklessly causes the death of an unborn child is guilty of
25a Class
C D felony.
AB3, s. 311
1Section
311. 940.07 of the statutes is amended to read:
AB3,101,6
2940.07 Homicide resulting from negligent control of vicious animal. 3Whoever knowing the vicious propensities of any animal intentionally allows it to go
4at large or keeps it without ordinary care, if such animal, while so at large or not
5confined, kills any human being who has taken all the precautions which the
6circumstances may permit to avoid such animal, is guilty of a Class
C G felony.
AB3, s. 312
7Section
312. 940.08 (1) of the statutes is amended to read:
AB3,101,108
940.08
(1) Whoever causes the death of another human being by the negligent
9operation or handling of a dangerous weapon, explosives or fire is guilty of a Class
10D G felony.
AB3, s. 313
11Section
313. 940.08 (2) of the statutes is amended to read:
AB3,101,1412
940.08
(2) Whoever causes the death of an unborn child by the negligent
13operation or handling of a dangerous weapon, explosives or fire is guilty of a Class
D 14G felony.
AB3, s. 314
15Section
314. 940.09 (1) (intro.) of the statutes is amended to read:
AB3,101,1716
940.09
(1) (intro.) Any person who does any of the following
is guilty of a Class
17B felony may be penalized as provided in sub. (1c):
AB3, s. 315
18Section
315. 940.09 (1b) of the statutes is repealed.
AB3, s. 316
19Section
316. 940.09 (1c) of the statutes is created to read:
AB3,101,2120
940.09
(1c) (a) Except as provided in par. (b), a person who violates sub. (1) is
21guilty of a Class D felony.
AB3,101,2422
(b) A person who violates sub. (1) is guilty of a Class C felony if the person has
23one or more prior convictions, suspensions, or revocations, as counted under s.
24343.307 (2).
AB3, s. 317
25Section
317. 940.10 (1) of the statutes is amended to read:
AB3,102,2
1940.10
(1) Whoever causes the death of another human being by the negligent
2operation or handling of a vehicle is guilty of a Class
E G felony.
AB3, s. 318
3Section
318. 940.10 (2) of the statutes is amended to read:
AB3,102,54
940.10
(2) Whoever causes the death of an unborn child by the negligent
5operation or handling of a vehicle is guilty of a Class
E G felony.
AB3, s. 319
6Section
319. 940.11 (1) of the statutes is amended to read:
AB3,102,97
940.11
(1) Whoever mutilates, disfigures or dismembers a corpse, with intent
8to conceal a crime or avoid apprehension, prosecution or conviction for a crime, is
9guilty of a Class
C F felony.
AB3, s. 320
10Section
320. 940.11 (2) of the statutes is amended to read:
AB3,102,1311
940.11
(2) Whoever hides or buries a corpse, with intent to conceal a crime or
12avoid apprehension, prosecution or conviction for a crime, is guilty of a Class
D G 13felony.
AB3, s. 321
14Section
321. 940.12 of the statutes is amended to read:
AB3,102,16
15940.12 Assisting suicide. Whoever with intent that another take his or her
16own life assists such person to commit suicide is guilty of a Class
D H felony.
AB3, s. 322
17Section
322. 940.15 (2) of the statutes is amended to read:
AB3,102,2018
940.15
(2) Whoever intentionally performs an abortion after the fetus or
19unborn child reaches viability, as determined by reasonable medical judgment of the
20woman's attending physician, is guilty of a Class
E
I felony.
AB3, s. 323
21Section
323. 940.15 (5) of the statutes is amended to read:
AB3,102,2322
940.15
(5) Whoever intentionally performs an abortion and who is not a
23physician is guilty of a Class
E I felony.
AB3, s. 324
24Section
324. 940.15 (6) of the statutes is amended to read:
AB3,103,7
1940.15
(6) Any physician who intentionally performs an abortion under sub.
2(3) shall use that method of abortion which, of those he or she knows to be available,
3is in his or her medical judgment most likely to preserve the life and health of the
4fetus or unborn child. Nothing in this subsection requires a physician performing
5an abortion to employ a method of abortion which, in his or her medical judgment
6based on the particular facts of the case before him or her, would increase the risk
7to the woman. Any physician violating this subsection is guilty of a Class
E I felony.
AB3, s. 325
8Section
325. 940.19 (2) of the statutes is amended to read:
AB3,103,119
940.19
(2) Whoever causes substantial bodily harm to another by an act done
10with intent to cause bodily harm to that person or another is guilty of a Class
E I 11felony.
AB3, s. 326
12Section
326. 940.19 (3) of the statutes is repealed.
AB3, s. 327
13Section
327. 940.19 (4) of the statutes is amended to read:
AB3,103,1514
940.19
(4) Whoever causes great bodily harm to another by an act done with
15intent to cause bodily harm to that person or another is guilty of a Class
D H felony.
AB3, s. 328
16Section
328. 940.19 (5) of the statutes is amended to read:
AB3,103,1917
940.19
(5) Whoever causes great bodily harm to another by an act done with
18intent to cause
either substantial bodily harm or great bodily harm to that person
19or another is guilty of a Class
C E felony.
AB3, s. 329
20Section
329. 940.19 (6) (intro.) of the statutes is amended to read:
AB3,103,2421
940.19
(6) (intro.) Whoever intentionally causes bodily harm to another by
22conduct that creates a substantial risk of great bodily harm is guilty of a Class
D H 23felony. A rebuttable presumption of conduct creating a substantial risk of great
24bodily harm arises:
AB3, s. 330
25Section
330. 940.195 (2) of the statutes is amended to read:
AB3,104,3
1940.195
(2) Whoever causes substantial bodily harm to an unborn child by an
2act done with intent to cause bodily harm to that unborn child, to the woman who is
3pregnant with that unborn child or another is guilty of a Class
E I felony.