LRB-5873/1
EAW:skw
2021 - 2022 LEGISLATURE
February 9, 2022 - Introduced by Senators LeMahieu, Wanggaard, Feyen,
Ballweg and Darling, cosponsored by Representatives Vos, Magnafici,
Armstrong, Born, Cabral-Guevara, Dittrich, Duchow, Edming, Gundrum,
James, Kuglitsch, Moses, Novak, Steffen, Vorpagel, Wittke, Schraa, Kurtz
and Rozar. Referred to Committee on Judiciary and Public Safety.
SB970,1,7 1An Act to repeal 940.20 (2r) and 940.20 (7); to amend 48.685 (2) (bb), 48.685
2(5) (bm) 4., 48.686 (1) (c) 9., 48.686 (1) (c) 12., 48.686 (2) (bb), 50.065 (2) (bb),
3103.88 (1) (d), 165.84 (7) (ab) 2., 301.048 (2) (bm) 1. a., 767.461 (4), 940.03,
4941.29 (1g) (a), 941.291 (1) (b), 949.03 (1) (b), 968.26 (1b) (a) 2. a., 969.08 (10)
5(b) and 973.123 (1); and to create 103.88 (1) (bd) and 940.204 of the statutes;
6relating to: battery or threat to a health care provider or staff member of a
7health care facility and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, the crime of battery is defined as intentionally causing
another person bodily harm and is a Class A misdemeanor. Under current law, if the
battery is a special circumstance battery—for example, the battery is committed by
a prisoner or against certain individuals because of the individual's professional
status—the penalty is increased. Under current law, it is a Class H felony to commit
a battery against a nurse, an emergency medical care provider, or a person who is
working in an emergency department.
Under this bill, it is a Class H felony to commit a battery against a person who
is a health care provider, a staff member of a health care facility, or a family member
of a health care provider or staff member, or to threaten such a person, if the battery
or threat is in response to an action taken by the health care provider in his or her
official capacity, or in response to something that happened at the health care facility.

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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB970,1 1Section 1. 48.685 (2) (bb) of the statutes is amended to read:
SB970,2,182 48.685 (2) (bb) If information obtained under par. (am), (b), or (ba) indicates a
3charge of a serious crime, but does not completely and clearly indicate the final
4disposition of the charge, the department, county department, child welfare agency,
5or entity shall make every reasonable effort to contact the clerk of courts to determine
6the final disposition of the charge. If a background information form under sub. (6)
7(a) or (am) indicates a charge or a conviction of a serious crime, but information
8obtained under par. (am), (b), or (ba) does not indicate such a charge or conviction,
9the department, county department, child welfare agency, or entity shall make every
10reasonable effort to contact the clerk of courts to obtain a copy of the criminal
11complaint and the final disposition of the complaint. If information obtained under
12par. (am), (b), or (ba), a background information form under sub. (6) (a) or (am), or
13any other information indicates a conviction of a violation of s. 940.19 (1), 940.195,
14940.20, 940.204, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5
15years before the date on which that information was obtained, the department,
16county department, child welfare agency, or entity shall make every reasonable
17effort to contact the clerk of courts to obtain a copy of the criminal complaint and
18judgment of conviction relating to that violation.
SB970,2 19Section 2. 48.685 (5) (bm) 4. of the statutes is amended to read:
SB970,3,6
148.685 (5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1),
2125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5),
3or (6), 940.20, 940.203, 940.204, 940.205, 940.207, or 940.25, a violation of s. 346.63
4(1), (2), (5), or (6) that is a felony under s. 346.65 (2) (am) 4. to 7., or (f), (2j) (d), or (3m),
5or an offense under ch. 961 that is a felony, if committed not more than 5 years before
6the date of the investigation under sub. (2) (am).
SB970,3 7Section 3. 48.686 (1) (c) 9. of the statutes is amended to read:
SB970,3,128 48.686 (1) (c) 9. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b),
9125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.203, 940.204,
10940.205, 940.207, 940.25, or 943.23 (1g), a violation of s. 346.63 (1), (2), (5), or (6) that
11is a felony under s. 346.65 (2) (am) 4., 5., 6., or 7. or (f), (2j) (d), or (3m), or an offense
12under ch. 961 that is a felony.
SB970,4 13Section 4. 48.686 (1) (c) 12. of the statutes is amended to read:
SB970,3,1814 48.686 (1) (c) 12. A violation of the laws of another state or United States
15jurisdiction that if committed in this state would constitute felony battery under s.
16940.19 (2), (4), (5), or (6) or, 940.20, or 940.204, a felony offense of domestic abuse, as
17defined in s. 813.12 (1) (am), a sex offense or a violent crime under ch. 948, or a
18violation of s. 940.225 if the victim was a child.
SB970,5 19Section 5. 48.686 (2) (bb) of the statutes is amended to read:
SB970,4,820 48.686 (2) (bb) If information obtained under par. (am) indicates a charge of a
21serious crime, but does not completely and clearly indicate the final disposition of the
22charge, the department shall make every reasonable effort to contact the clerk of
23courts to determine the final disposition of the charge. If information submitted to
24the department under par. (ag) indicates a charge or a conviction of a serious crime,
25but information obtained under par. (am) does not indicate such a charge or

1conviction, the department shall make every reasonable effort to contact the clerk
2of courts to obtain a copy of the criminal complaint and the final disposition of the
3complaint. If information obtained under par. (am), information submitted under
4par. (ag), or any other information indicates a conviction of a violation of s. 940.19 (1),
5940.195, 940.20, 940.204, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more
6than 5 years before the date on which that information was obtained, the department
7shall make every reasonable effort to contact the clerk of courts to obtain a copy of
8the criminal complaint and judgment of conviction relating to that violation.
SB970,6 9Section 6. 50.065 (2) (bb) of the statutes is amended to read:
SB970,5,210 50.065 (2) (bb) If information obtained under par. (am) or (b) indicates a charge
11of a serious crime, but does not completely and clearly indicate the final disposition
12of the charge, the department or entity shall make every reasonable effort to contact
13the clerk of courts to determine the final disposition of the charge. If a background
14information form under sub. (6) (a) or (am), or any disclosure made pursuant to a
15disclosure policy described under sub. (6) (am), indicates a charge or a conviction of
16a serious crime, but information obtained under par. (am) or (b) does not indicate
17such a charge or conviction, the department or entity shall make every reasonable
18effort to contact the clerk of courts to obtain a copy of the criminal complaint and the
19final disposition of the complaint. If information obtained under par. (am) or (b), a
20background information form under sub. (6) (a) or (am), any disclosure made
21pursuant to a disclosure policy described under sub. (6) (am), or any other
22information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20,
23940.204, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before
24the date on which that information was obtained, the department or entity shall

1make every reasonable effort to contact the clerk of courts to obtain a copy of the
2criminal complaint and judgment of conviction relating to that violation.
SB970,7 3Section 7. 103.88 (1) (bd) of the statutes is created to read:
SB970,5,64 103.88 (1) (bd) “Emergency department" means a room or area in a hospital
5that is primarily used to provide emergency care, diagnosis, or radiological
6treatment.
SB970,8 7Section 8. 103.88 (1) (d) of the statutes is amended to read:
SB970,5,118 103.88 (1) (d) “Employee" means an individual employed in this state by an
9employer, but does not include an individual employed to provide direct patient care
10at a hospital intensive care unit or emergency department, as defined in s. 940.20 (7)
11(a) 1g
.
SB970,9 12Section 9. 165.84 (7) (ab) 2. of the statutes is amended to read:
SB970,5,1613 165.84 (7) (ab) 2. A felony violation of s. 940.02, 940.03, 940.06, 940.07, 940.08,
14940.09 (1c), 940.10, 940.19 (2), (4), (5), or (6), 940.195 (2), (4), (5), or (6), 940.20,
15940.201 (2), 940.203 (2), 940.204, 940.205 (2), 940.207 (2), 940.208, 940.23, 941.30,
16or 948.03 (3) or (5) (a) 4.
SB970,10 17Section 10. 301.048 (2) (bm) 1. a. of the statutes, as affected by 2021 Wisconsin
18Act 76
, is amended to read:
SB970,6,219 301.048 (2) (bm) 1. a. A crime specified in s. 940.19 (3), 1999 stats., s. 940.195
20(3), 1999 stats., s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., or s. 940.01,
21940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (4) or (5), 940.195 (4)
22or (5), 940.198 (2), 940.20, 940.201, 940.203, 940.204, 940.21, 940.225 (1) to (3),
23940.23, 940.235, 940.285 (2) (a) 1. or 2., 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2., or 3.,
24940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20 (2) or (3), 941.26, 941.30, 941.327,
25943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g),

1943.30, 943.32, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05,
2948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.
SB970,11 3Section 11. 767.461 (4) of the statutes, as created by 2021 Wisconsin Act 20,
4is amended to read:
SB970,6,165 767.461 (4) A term of incarceration, extended supervision, parole, or probation
6for a violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10,
7940.19, 940.195, 940.20, 940.201 (2), 940.203 (2), 940.204, 940.225 (1), (2), or (3),
8940.23, 940.235, 940.24 (1), 940.30, 940.302 (2), 940.305, 940.31, 940.32 (2), (2e), or
9(2m), 940.42, 940.43, 940.44, 940.45, 941.20, 941.29, 941.30, 941.39, 943.011 (2),
10947.012, 947.013, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.055,
11948.06, 948.07, 948.08, 948.085, 948.095, 948.30, 948.55, or 951.02 or any felony to
12which the penalty enhancer under s. 939.621 could be imposed, for a violation of a
1372-hour no contact order under s. 968.075 (5), for a violation of a domestic abuse
14restraining order, child abuse restraining order, or harassment restraining order, or
15for a violation to which a penalty enhancer for the use of a dangerous weapon is
16applied.
SB970,12 17Section 12. 940.03 of the statutes is amended to read:
SB970,6,23 18940.03 Felony murder. Whoever causes the death of another human being
19while committing or attempting to commit a crime specified in s. 940.19, 940.195,
20940.20, 940.201, 940.203, 940.204, 940.225 (1) or (2) (a), 940.30, 940.31, 943.02,
21943.10 (2), 943.23 (1g), or 943.32 (2) may be imprisoned for not more than 15 years
22in excess of the maximum term of imprisonment provided by law for that crime or
23attempt.
SB970,13 24Section 13. 940.20 (2r) of the statutes is repealed.
SB970,14 25Section 14. 940.20 (7) of the statutes is repealed.
SB970,15
1Section 15. 940.204 of the statutes is created to read:
SB970,7,3 2940.204 Battery or threat to health care providers and staff. (1) In this
3section:
SB970,7,54 (a) “Family member” means a parent, spouse, sibling, child, stepchild, or foster
5child.
SB970,7,66 (b) “Health care facility” means any of the following:
SB970,7,77 1. A hospital, as defined in s. 50.33 (2).
SB970,7,98 2. A clinic, which is a location with the primary purpose of providing outpatient
9diagnosis, treatment, or management of health conditions.
SB970,7,1010 3. A pharmacy that is licensed under s. 450.06.
SB970,7,1111 4. An adult day care center, as defined in s. 49.45 (47).
SB970,7,1212 5. An adult family home, as defined in s. 50.01 (1).
SB970,7,1313 6. A community-based residential facility, as defined in s. 50.01 (1g).
SB970,7,1414 7. A residential care apartment complex, as defined in s. 50.01 (6d).
SB970,7,1515 8. A nursing home, as defined in s. 50.01 (3).
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