2019 - 2020 LEGISLATURE
April 11, 2019 - Introduced by Senators Kooyenga, Carpenter, Cowles,
Jacque, Marklein, Nass and Testin, cosponsored by Representatives
Magnafici, Duchow, Tittl, Kuglitsch, Brooks, Dittrich, Horlacher, James,
Kerkman, Kulp, Kurtz, Murphy, Novak, Ohnstad, Ott, Petersen, Rohrkaste,
Sinicki, Skowronski, Spiros, Thiesfeldt, Tranel, Tusler, Wichgers and
Quinn. Referred to Committee on Judiciary and Public Safety.
1An Act to create
940.20 (2r) of the statutes; relating to: causing bodily harm
2to a nurse and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who intentionally causes bodily harm to another
person without the other person's consent commits the crime of battery, a Class A
misdemeanor. Under current law, the penalty for battery is increased in certain
circumstances. For example, if a person commits battery against certain victims,
such fire fighters, jurors, or emergency medical care providers, the person is guilty
of a Class H felony. This bill makes it a Class H felony to commit battery against a
licensed registered nurse (RN), a licensed practical nurse (LPN), or an individual
working under the supervision of an RN or LPN.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
940.20 (2r) of the statutes is created to read:
940.20 (2r) Battery to a nurse.
(a) In this subsection, “nurse" means an 2
individual who is licensed pursuant to s. 441.06 or 441.10.
(b) Whoever intentionally causes bodily harm to a nurse, or to an individual 4
acting under the supervision of a nurse, who is acting in his or her professional 5
capacity, and the actor knows or has reason to know that the victim is a nurse or an 6
individual acting under the supervision of a nurse, by an act done without the 7
consent of the individual so injured, is guilty of a Class H felony.