AB3: Bill Text

AB3,96,20 939.62 (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 the effective date of this subd. 2m. a. .... [revisor inserts date], that is or was punishable by a maximum prison term of 30 years or more.

AB3, s. 286 Section 286. 939.62 (2m) (a) 2m. b. of the statutes is amended to read:

AB3,97,2 939.62 (2m) (a) 2m. b. Any felony under s. 940.09 (1), 1999 stats., s. 943.23 (1m) or (1r), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 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 (1m), 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.

AB3, s. 287 Section 287. 939.622 of the statutes is repealed.

AB3, s. 288 Section 288. 939.623 (2) of the statutes is amended to read:

AB3,97,11 939.623 (2) If a person has one or more prior convictions for a serious sex crime and subsequently commits a serious sex crime, the court shall impose a bifurcated sentence the person to under s. 973.01. The term of confinement in prison portion of a bifurcated sentence imposed under this subsection may not be less than 5 years' imprisonment 3 years and 6 months, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court shall may not place the defendant on probation.

AB3, s. 289 Section 289. 939.624 (2) of the statutes is amended to read:

AB3,97,20 939.624 (2) If a person has one or more prior convictions for a serious violent crime or a crime punishable by life imprisonment and subsequently commits a serious violent crime, the court shall impose a bifurcated sentence the person to under s. 973.01. The term of confinement in prison portion of a bifurcated sentence imposed under this subsection may not be less than 5 years' imprisonment 3 years and 6 months, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court shall may not place the defendant on probation.

AB3, s. 290 Section 290. 939.625 of the statutes is repealed.

AB3, s. 291 Section 291. 939.63 (1) of the statutes is renumbered 939.63, and 939.63 (1) (d), (2) and (3), as renumbered, are amended to read:

AB3,97,25 939.63 (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.

AB3,98,3 (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.

AB3,98,5 (3) This subsection section applies only to crimes specified under chs. 939 to 951 and 961.

AB3, s. 292 Section 292. 939.63 (2) of the statutes is repealed.

AB3, s. 293 Section 293. 939.632 (1) (e) 1. of the statutes is amended to read:

AB3,98,12 939.632 (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.

AB3, s. 294 Section 294. 939.632 (2) of the statutes is amended to read:

AB3,98,15 939.632 (2) If a person commits a violent crime in a school zone, the maximum period term of imprisonment is increased as follows:

AB3,98,17 (a) If the violent crime is a felony, the maximum period term of imprisonment is increased by 5 years.

AB3,98,20 (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.

AB3, s. 295 Section 295. 939.635 of the statutes is repealed.

AB3, s. 296 Section 296. 939.64 of the statutes is repealed.

AB3, s. 297 Section 297. 939.641 of the statutes is repealed.

AB3, s. 298 Section 298. 939.645 (2) of the statutes is amended to read:

AB3,99,4 939.645 (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.

AB3,99,8 (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.

AB3,99,12 (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.

AB3, s. 299 Section 299. 939.646 of the statutes is repealed.

AB3, s. 300 Section 300. 939.647 of the statutes is repealed.

AB3, s. 301 Section 301. 939.648 of the statutes is repealed.

AB3, s. 302 Section 302. 939.72 (1) of the statutes is amended to read:

AB3,99,18 939.72 (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

AB3, s. 303 Section 303. 939.75 (1) of the statutes is amended to read:

AB3,99,24 939.75 (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.

AB3, s. 304 Section 304. 940.02 (2) (intro.) of the statutes is amended to read:

AB3,100,2 940.02 (2) (intro.) Whoever causes the death of another human being under any of the following circumstances is guilty of a Class B C felony:

AB3, s. 305 Section 305. 940.03 of the statutes is amended to read:

AB3,100,8 940.03 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.

AB3, s. 306 Section 306. 940.04 (1) of the statutes is amended to read:

AB3,100,12 940.04 (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.

AB3, s. 307 Section 307. 940.04 (2) (intro.) of the statutes is amended to read:

AB3,100,15 940.04 (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:

AB3, s. 308 Section 308. 940.04 (4) of the statutes is amended to read:

AB3,100,19 940.04 (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.

AB3, s. 309 Section 309. 940.06 (1) of the statutes is amended to read:

AB3,100,22 940.06 (1) Whoever recklessly causes the death of another human being is guilty of a Class C D felony.

AB3, s. 310 Section 310. 940.06 (2) of the statutes is amended to read:

AB3,100,25 940.06 (2) Whoever recklessly causes the death of an unborn child is guilty of a Class C D felony.

AB3, s. 311 Section 311. 940.07 of the statutes is amended to read:

AB3,101,6 940.07 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.

AB3, s. 312 Section 312. 940.08 (1) of the statutes is amended to read:

AB3,101,10 940.08 (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.

AB3, s. 313 Section 313. 940.08 (2) of the statutes is amended to read:

AB3,101,14 940.08 (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.

AB3, s. 314 Section 314. 940.09 (1) (intro.) of the statutes is amended to read:

AB3,101,17 940.09 (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):

AB3, s. 315 Section 315. 940.09 (1b) of the statutes is repealed.

AB3, s. 316 Section 316. 940.09 (1c) of the statutes is created to read:

AB3,101,21 940.09 (1c) (a) Except as provided in par. (b), a person who violates sub. (1) is guilty of a Class D felony.

AB3,101,24 (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).

AB3, s. 317 Section 317. 940.10 (1) of the statutes is amended to read:

AB3,102,2 940.10 (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.

AB3, s. 318 Section 318. 940.10 (2) of the statutes is amended to read:

AB3,102,5 940.10 (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.

AB3, s. 319 Section 319. 940.11 (1) of the statutes is amended to read:

AB3,102,9 940.11 (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.

AB3, s. 320 Section 320. 940.11 (2) of the statutes is amended to read:

AB3,102,13 940.11 (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.

AB3, s. 321 Section 321. 940.12 of the statutes is amended to read:

AB3,102,16 940.12 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.

AB3, s. 322 Section 322. 940.15 (2) of the statutes is amended to read:

AB3,102,20 940.15 (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.

AB3, s. 323 Section 323. 940.15 (5) of the statutes is amended to read:

AB3,102,23 940.15 (5) Whoever intentionally performs an abortion and who is not a physician is guilty of a Class E I felony.

AB3, s. 324 Section 324. 940.15 (6) of the statutes is amended to read:

AB3,103,7 940.15 (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.

AB3, s. 325 Section 325. 940.19 (2) of the statutes is amended to read:

AB3,103,11 940.19 (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.

AB3, s. 326 Section 326. 940.19 (3) of the statutes is repealed.

AB3, s. 327 Section 327. 940.19 (4) of the statutes is amended to read:

AB3,103,15 940.19 (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.

AB3, s. 328 Section 328. 940.19 (5) of the statutes is amended to read:

AB3,103,19 940.19 (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.

AB3, s. 329 Section 329. 940.19 (6) (intro.) of the statutes is amended to read:

AB3,103,24 940.19 (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:

AB3, s. 330 Section 330. 940.195 (2) of the statutes is amended to read:

AB3,104,3 940.195 (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.

AB3, s. 331 Section 331. 940.195 (3) of the statutes is repealed.

AB3, s. 332 Section 332. 940.195 (4) of the statutes is amended to read: