AB146-ASA1,10,3
1(4) Whoever causes great bodily harm to an unborn child by an act done with
2intent to cause bodily harm to that unborn child, to the woman who is pregnant with
3that unborn child or another is guilty of a Class D felony.
AB146-ASA1,10,7 4(5) Whoever causes great bodily harm to an unborn child by an act done with
5intent to cause either substantial bodily harm or great bodily harm to that unborn
6child, to the woman who is pregnant with that unborn child or another is guilty of
7a Class C felony.
AB146-ASA1,10,9 8(6) Whoever intentionally causes bodily harm to an unborn child by conduct
9that creates a substantial risk of great bodily harm is guilty of a Class D felony.
AB146-ASA1, s. 32 10Section 32. 940.23 (1) of the statutes is renumbered 940.23 (1) (a).
AB146-ASA1, s. 33 11Section 33. 940.23 (1) (b) of the statutes is created to read:
AB146-ASA1,10,1412 940.23 (1) (b) Whoever recklessly causes great bodily harm to an unborn child
13under circumstances that show utter disregard for the life of that unborn child, the
14woman who is pregnant with that unborn child or another is guilty of a Class C felony.
AB146-ASA1, s. 34 15Section 34. 940.23 (2) of the statutes is renumbered 940.23 (2) (a).
AB146-ASA1, s. 35 16Section 35. 940.23 (2) (b) of the statutes is created to read:
AB146-ASA1,10,1817 940.23 (2) (b) Whoever recklessly causes great bodily harm to an unborn child
18is guilty of a Class D felony.
AB146-ASA1, s. 36 19Section 36. 940.24 of the statutes is renumbered 940.24 (1).
AB146-ASA1, s. 37 20Section 37. 940.24 (2) of the statutes is created to read:
AB146-ASA1,10,2321 940.24 (2) Whoever causes bodily harm to an unborn child by the negligent
22operation or handling of a dangerous weapon, explosives or fire is guilty of a Class
23E felony.
AB146-ASA1, s. 38 24Section 38. 940.25 (1) (c) to (e) of the statutes are created to read:
AB146-ASA1,11,2
1940.25 (1) (c) Causes great bodily harm to an unborn child by the operation of
2a vehicle while under the influence of an intoxicant.
AB146-ASA1,11,53 (d) Causes great bodily harm to an unborn child by the operation of a vehicle
4while the person has a prohibited alcohol concentration, as defined in s. 340.01
5(46m).
AB146-ASA1,11,86 (e) Causes great bodily harm to an unborn child by the operation of a
7commercial motor vehicle while the person has an alcohol concentration of 0.04 or
8more but less than 0.1.
AB146-ASA1, s. 39 9Section 39. 940.25 (1d) of the statutes is amended to read:
AB146-ASA1,11,1510 940.25 (1d) If the person who committed the offense under sub. (1) (a) or, (b),
11(c) or (d)
has 2 or more prior convictions, suspensions or revocations in a 10-year
12period, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be
13followed regarding the immobilization or seizure and forfeiture of a motor vehicle
14owned by the person who committed the offense or the equipping of a motor vehicle
15owned by the person with an ignition interlock device.
AB146-ASA1, s. 40 16Section 40. 940.25 (1m) of the statutes is amended to read:
AB146-ASA1,12,417 940.25 (1m) A person may be charged with and a prosecutor may proceed upon
18an information based upon a violation of sub. (1) (a) or (b) or both or of, sub. (1) (a)
19or (bm) or both, sub. (1) (c) or (d) or both or sub. (1) (c) or (e) or both for acts arising
20out of the same incident or occurrence. If the person is charged with violating both
21sub. (1) (a) and (b) or, both sub. (1) (a) and (bm), both sub. (1) (c) and (d) or both sub.
22(1) (c) and (e)
in the information, the crimes shall be joined under s. 971.12. If the
23person is found guilty of both sub. (1) (a) and (b) or of, both sub. (1) (a) and (bm), both
24sub. (1) (c) and (d) or both sub. (1) (c) and (e)
for acts arising out of the same incident
25or occurrence, there shall be a single conviction for purposes of sentencing and for

1purposes of counting convictions under s. 23.33 (13) (b) 2 and 3, under s. 30.80 (6) (a)
22 or 3, under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2 and 3. Subsection
3(1) (a), (b) and, (bm), (c), (d) and (e) each require proof of a fact for conviction which
4the other does not require.
AB146-ASA1, s. 41 5Section 41. 940.25 (2) of the statutes is amended to read:
AB146-ASA1,12,106 940.25 (2) The defendant has a defense if he or she proves by a preponderance
7of the evidence that the great bodily harm would have occurred even if he or she had
8been exercising due care and he or she had not been under the influence of an
9intoxicant or did not have a blood alcohol concentration described under sub. (1) (b)
10or, (bm), (d) or (e).
AB146-ASA1, s. 42 11Section 42. 941.38 (1) (b) 4. of the statutes is amended to read:
AB146-ASA1,12,1312 941.38 (1) (b) 4. Battery, substantial battery or aggravated battery, as
13prohibited in s. 940.19 or 940.195.
AB146-ASA1, s. 43 14Section 43. 969.035 (1) of the statutes is amended to read:
AB146-ASA1,12,1715 969.035 (1) In this section, "violent crime" means any crime specified in s.
16940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.10, 940.19 (5), 940.195
17(5),
940.21, 940.225 (1), 940.23, 941.327, 948.02 (1) or (2), 948.025 or 948.03.
AB146-ASA1, s. 44 18Section 44. 969.08 (10) (b) of the statutes is amended to read:
AB146-ASA1,12,2519 969.08 (10) (b) "Serious crime" means any crime specified in s. 346.62 (4),
20940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195
21(5),
940.20, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29,
22940.295 (3) (b) 1., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01
23(2) (c), 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m) or (1r),
24943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03,
25948.04, 948.05, 948.06, 948.07 or 948.30.
AB146-ASA1, s. 45
1Section 45. 973.0135 (1) (b) 2. of the statutes is amended to read:
AB146-ASA1,13,62 973.0135 (1) (b) 2. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
3(1), 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b)
44., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 946.43, 948.02 (1) or (2),
5948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, 948.30 (2), 948.35 (1) (b)
6or (c) or 948.36.
AB146-ASA1, s. 46 7Section 46. 980.01 (6) (b) of the statutes is amended to read:
AB146-ASA1,13,108 980.01 (6) (b) Any crime specified in s. 940.01, 940.02, 940.05, 940.06, 940.19
9(4) or (5), 940.195 (4) or (5), 940.30, 940.305, 940.31 or 943.10 that is determined, in
10a proceeding under s. 980.05 (3) (b), to have been sexually motivated.
AB146-ASA1, s. 47 11Section 47. Initial applicability.
AB146-ASA1,13,1312 (1)  This act first applies to offenses occurring on the effective date of this
13subsection.
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