LRBs0096/2
BF:skg:ks
1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 146
May 10, 1995 - Offered by Representative Albers.
AB146-ASA1,1,10
1An Act to repeal 940.04 (1);
to renumber 940.06, 940.08, 940.10, 940.23 (1),
2940.23 (2) and 940.24;
to amend 302.11 (1g) (a) 2., 343.31 (3) (c), 346.65 (6) (a)
31., 346.65 (6) (a) 2., 346.65 (6) (d), 939.22 (21) (d), 939.24 (1), 939.25 (1), 939.32
4(1) (intro.), 939.62 (2m) (a) 2., 940.04 (2) (intro.), 940.04 (2) (a), 940.04 (6), 940.05
5(2), 940.09 (1d), 940.09 (1m), 940.09 (2), 940.25 (1d), 940.25 (1m), 940.25 (2),
6941.38 (1) (b) 4., 969.035 (1), 969.08 (10) (b), 973.0135 (1) (b) 2. and 980.01 (6)
7(b); and
to create 939.75, 940.02 (1m), 940.05 (2g), 940.05 (2h), 940.06 (2),
8940.08 (2), 940.09 (1) (c) to (e), 940.09 (1g) (c) and (d), 940.10 (2), 940.195, 940.23
9(1) (b), 940.23 (2) (b), 940.24 (2) and 940.25 (1) (c) to (e) of the statutes;
relating
10to: causing harm or death to an unborn child and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB146-ASA1, s. 1
11Section
1. 302.11 (1g) (a) 2. of the statutes is amended to read:
AB146-ASA1,2,212
302.11
(1g) (a) 2. Any felony under s. 940.02, 940.03, 940.05, 940.09 (1), 940.19
13(5),
940.195 (5), 940.21, 940.225 (1) or (2), 940.305 (2), 940.31 (1) or (2) (b), 943.02,
1943.10 (2), 943.23 (1g) or (1m), 943.32 (2), 946.43, 948.02 (1) or (2), 948.025, 948.03
2(2) (a) or (c), 948.05, 948.06, 948.07, 948.08, 948.30 (2), 948.35 (1) (b) or (c) or 948.36.
AB146-ASA1,2,64
343.31
(3) (c) Any person convicted under s. 940.09 of causing the death of
5another
or an unborn child by the operation or handling of a motor vehicle shall have
6his or her operating privilege revoked for 5 years.
AB146-ASA1, s. 3
7Section
3. 346.65 (6) (a) 1. of the statutes is amended to read:
AB146-ASA1,2,198
346.65
(6) (a) 1. Except as provided in this paragraph, the court may order a
9law enforcement officer to seize a motor vehicle, or, if the motor vehicle is not ordered
10seized, shall order a law enforcement officer to equip the motor vehicle with an
11ignition interlock device or immobilize any motor vehicle owned by the person whose
12operating privilege is revoked under s. 343.305 (10) or who committed a violation of
13s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a)
or, (b)
, (c) or (d) or 940.25 (1) (a)
14or, (b)
, (c) or (d) if the person whose operating privilege is revoked under s. 343.305
15(10) or who is convicted of the violation has 2 prior suspensions, revocations or
16convictions within a 10-year period that would be counted under s. 343.307 (1). The
17court shall not order a motor vehicle equipped with an ignition interlock device or
18immobilized if that would result in undue hardship or extreme inconvenience or
19would endanger the health and safety of a person.
AB146-ASA1, s. 4
20Section
4. 346.65 (6) (a) 2. of the statutes is amended to read:
AB146-ASA1,3,221
346.65
(6) (a) 2. The court shall order a law enforcement officer to seize a motor
22vehicle owned by a person whose operating privilege is revoked under s. 343.305 (10)
23or who commits a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a)
24or, (b)
, (c) or (d) or 940.25 (1) (a)
or, (b)
, (c) or (d) if the person whose operating privilege
25is revoked under s. 343.305 (10) or who is convicted of the violation has 3 or more prior
1suspensions, revocations or convictions within a 10-year period that would be
2counted under s. 343.307 (1).
AB146-ASA1,3,194
346.65
(6) (d) At the hearing set under par. (c), the state has the burden of
5proving to a reasonable certainty by the greater weight of the credible evidence that
6the motor vehicle is a motor vehicle owned by a person who committed a violation of
7s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a)
or, (b)
, (c) or (d) or 940.25 (1) (a)
8or, (b)
, (c) or (d) and, if the seizure is under par. (a) 1., that the person had 2 prior
9convictions, suspensions or revocations within a 10-year period as counted under s.
10343.307 (1) or, if the seizure is under par. (a) 2., 3 or more prior convictions,
11suspensions or revocations within a 10-year period as counted under s. 343.307 (1).
12If the owner of the motor vehicle proves by a preponderance of the evidence that he
13or she was not convicted of a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09
14(1) (a)
or, (b)
, (c) or (d) or 940.25 (1) (a)
or, (b)
, (c) or (d), or, if the seizure is under par.
15(a) 1., that he or she did not have 2 prior convictions, suspensions or revocations
16within a 10-year period as counted under s. 343.307 (1) or, if the seizure is under par.
17(a) 2., 3 or more prior convictions, suspensions or revocations within a 10-year period
18as counted under s. 343.307 (1), the motor vehicle shall be returned to the owner upon
19the payment of storage costs.
AB146-ASA1, s. 6
20Section
6. 939.22 (21) (d) of the statutes is amended to read:
AB146-ASA1,3,2221
939.22
(21) (d) Battery
, substantial battery or aggravated battery, as
22prohibited in s. 940.19
or 940.195.
AB146-ASA1,4,524
939.24
(1) In this section, "criminal recklessness" means that the actor creates
25an unreasonable and substantial risk of death or great bodily harm to another
1human being and the actor is aware of that risk
, except that for purposes of ss. 940.02
2(1m), 940.06 (2) and 940.23 (1) (b) and (2) (b), "criminal recklessness" means that the
3actor creates an unreasonable and substantial risk of death or great bodily harm to
4an unborn child, to the woman who is pregnant with that unborn child or to another
5and the actor is aware of that risk.
AB146-ASA1,4,147
939.25
(1) In this section, "criminal negligence" means ordinary negligence to
8a high degree, consisting of conduct
which that the actor should realize creates a
9substantial and unreasonable risk of death or great bodily harm to another
, except
10that for purposes of ss. 940.08 (2), 940.10 (2) and 940.24 (2), "criminal negligence"
11means ordinary negligence to a high degree, consisting of conduct that the actor
12should realize creates a substantial and unreasonable risk of death or great bodily
13harm to an unborn child, to the woman who is pregnant with that unborn child or
14to another.
AB146-ASA1, s. 9
15Section
9. 939.32 (1) (intro.) of the statutes is amended to read:
AB146-ASA1,4,1916
939.32
(1) (intro.) Whoever attempts to commit a felony or a
battery as defined
17by crime specified in s. 940.19
or theft as defined by s., 940.195 or 943.20 may be fined
18or imprisoned or both not to exceed one-half the maximum penalty for the completed
19crime; except:
AB146-ASA1, s. 10
20Section
10. 939.62 (2m) (a) 2. of the statutes is amended to read:
AB146-ASA1,4,2521
939.62
(2m) (a) 2. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
22(1), 940.19 (5),
940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b)
234., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 946.43, 948.02 (1) or (2),
24948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, 948.30 (2), 948.35 (1) (b)
25or (c) or 948.36.
AB146-ASA1,5,6
2939.75 Death or harm to an unborn child. (1) In this section and ss. 939.24
3(1), 939.25 (1), 940.02 (1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1) (c)
4to (e) and (1g) (c) and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2) and
5940.25 (1) (c) to (e), "unborn child" means any individual of the human species from
6fertilization until birth.
AB146-ASA1,5,12
7(2) Sections 940.02 (1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1)
8(c) to (e) and (1g) (c) and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2)
9and 940.25 (1) (c) to (e) do not apply to an act that is committed in accordance with
10the usual and customary standards of medical practice during diagnostic testing or
11therapeutic treatment performed by, or under the supervision of, a physician
12licensed under ch. 448.
AB146-ASA1,5,17
13(3) Sections 940.02 (1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1)
14(c) to (e) and (1g) (c) and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2)
15and 940.25 (1) (c) to (e) do not apply to an act by a woman who is pregnant with an
16unborn child that results in the death of or great bodily harm or bodily harm to that
17unborn child.
AB146-ASA1,5,22
18(4) When the existence of an exception under sub. (2) or (3) has been placed in
19issue by the trial evidence, the state must prove beyond a reasonable doubt that the
20facts constituting the exception do not exist in order to sustain a finding of guilt
21under s. 940.02 (1m), 940.05 (2g), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e) or (1g)
22(c) or (d), 940.10 (2), 940.195, 940.23 (1) (b) or (2) (b), 940.24 (2) or 940.25 (1) (c) to (e).
AB146-ASA1,6,3
1940.02
(1m) Whoever recklessly causes the death of an unborn child under
2circumstances that show utter disregard for the life of that unborn child, the woman
3who is pregnant with that unborn child or another is guilty of a Class B felony.
AB146-ASA1, s. 14
5Section
14. 940.04 (2) (intro.) of the statutes is amended to read:
AB146-ASA1,6,76
940.04
(2) (intro.) Any person, other than the mother, who does either of the
7following
may be imprisoned not more than 15 years
is guilty of a Class A felony:
AB146-ASA1,6,119
940.04
(2) (a)
Intentionally destroys
Destroys the life of an unborn
quick child
10by an act done with intent to kill that unborn child, kill the woman who is pregnant
11with that unborn child or kill another; or
AB146-ASA1,6,1513
940.04
(6) In this section "unborn child" means
a human being from the time
14of conception until it is born alive any individual of the human species from
15fertilization until birth.
AB146-ASA1,6,1917
940.05
(2) In prosecutions under
this section sub. (1), it is sufficient to allege
18and prove that the defendant caused the death of another human being with intent
19to kill that person or another.
AB146-ASA1,6,2221
940.05
(2g) Whoever causes the death of an unborn child with intent to kill the
22woman who is pregnant with that unborn child is guilty of a Class B felony.
AB146-ASA1,7,3
1940.05
(2h) In prosecutions under sub. (2g), it is sufficient to allege and prove
2that the defendant caused the death of an unborn child with intent to kill the woman
3who is pregnant with that unborn child.
AB146-ASA1,7,76
940.06
(2) Whoever recklessly causes the death of an unborn child is guilty of
7a Class C felony.
