Amendment SSA2-AB221

AB221-SSA2,10,18 940.10 (2) Whoever causes the death of a viable fetus by the negligent operation or handling of a vehicle is guilty of a Class E felony.

AB221-SSA2, s. 32 Section 32. 940.195 of the statutes is created to read:

AB221-SSA2,10,24 940.195 Battery to a viable fetus; substantial battery to a viable fetus; aggravated battery to a viable fetus. (1) Whoever causes bodily harm to a viable fetus by an act done with intent to cause bodily harm to that viable fetus or to the woman who the actor knows or should know is pregnant with that viable fetus is guilty of a Class A misdemeanor.

AB221-SSA2,11,3 (2) Whoever causes substantial bodily harm to a viable fetus by an act done with intent to cause bodily harm to that viable fetus or to the woman who the actor knows or should know is pregnant with that viable fetus is guilty of a Class E felony.

AB221-SSA2,11,7 (3) Whoever causes substantial bodily harm to a viable fetus by an act done with intent to cause substantial bodily harm to that viable fetus or to the woman who the actor knows or should know is pregnant with that viable fetus is guilty of a Class D felony.

AB221-SSA2,11,10 (4) Whoever causes great bodily harm to a viable fetus by an act done with intent to cause bodily harm to that viable fetus or to the woman who the actor knows or should know is pregnant with that viable fetus is guilty of a Class D felony.

AB221-SSA2,11,14 (5) Whoever causes great bodily harm to a viable fetus by an act done with intent to cause either substantial bodily harm or great bodily harm to that viable fetus or to the woman who the actor knows or should know is pregnant with that viable fetus is guilty of a Class C felony.

AB221-SSA2,11,17 (6) Whoever intentionally causes bodily harm to a viable fetus by conduct that creates a substantial risk of great bodily harm to that viable fetus is guilty of a Class D felony.

AB221-SSA2, s. 33 Section 33. 940.23 (1) of the statutes is renumbered 940.23 (1) (a).

AB221-SSA2, s. 34 Section 34. 940.23 (1) (b) of the statutes is created to read:

AB221-SSA2,11,23 940.23 (1) (b) Whoever recklessly causes great bodily harm to a viable fetus under circumstances that show utter disregard for the life of that viable fetus or the woman who the actor knows or should know is pregnant with that viable fetus is guilty of a Class C felony.

AB221-SSA2, s. 35 Section 35. 940.23 (2) of the statutes is renumbered 940.23 (2) (a).

AB221-SSA2, s. 36 Section 36. 940.23 (2) (b) of the statutes is created to read:

AB221-SSA2,12,2 940.23 (2) (b) Whoever recklessly causes great bodily harm to a viable fetus is guilty of a Class D felony.

AB221-SSA2, s. 37 Section 37. 940.24 of the statutes is renumbered 940.24 (1).

AB221-SSA2, s. 38 Section 38. 940.24 (2) of the statutes is created to read:

AB221-SSA2,12,7 940.24 (2) Whoever causes bodily harm to a viable fetus by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class E felony.

AB221-SSA2, s. 39 Section 39. 940.25 (1) (c) to (e) of the statutes are created to read:

AB221-SSA2,12,10 940.25 (1) (c) Causes great bodily harm to a viable fetus by the operation of a vehicle while under the influence of an intoxicant.

AB221-SSA2,12,12 (d) Causes great bodily harm to a viable fetus by the operation of a vehicle while the person has a prohibited alcohol concentration, as defined in s. 340.01 (46m).

AB221-SSA2,12,15 (e) Causes great bodily harm to a viable fetus by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1.

AB221-SSA2, s. 40 Section 40. 940.25 (1b) of the statutes is amended to read:

AB221-SSA2,12,20 940.25 (1b) If there was a minor passenger under 16 years of age or a viable fetus in the motor vehicle at the time of the violation that gave rise to the conviction under sub. (1), any applicable maximum fine or imprisonment specified for the conviction is doubled.

AB221-SSA2, s. 41 Section 41. 940.25 (1d) of the statutes is amended to read:

AB221-SSA2,13,2 940.25 (1d) If the person who committed the offense under sub. (1) (a) or, (b), (c) or (d) has 2 or more prior convictions, suspensions or revocations in a 10-year period, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be followed regarding the immobilization or seizure and forfeiture of a motor vehicle owned by the person who committed the offense or the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB221-SSA2, s. 42 Section 42. 940.25 (1m) of the statutes is amended to read:

AB221-SSA2,13,16 940.25 (1m) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of sub. (1) (a) or (b) or both or of, sub. (1) (a) or (bm) or both, sub. (1) (c) or (d) or both or sub. (1) (c) or (e) or both for acts arising out of the same incident or occurrence. If the person is charged with violating both sub. (1) (a) and (b) or, both sub. (1) (a) and (bm), both sub. (1) (c) and (d) or both sub. (1) (c) and (e) in the information, the crimes shall be joined under s. 971.12. If the person is found guilty of both sub. (1) (a) and (b) or of, both sub. (1) (a) and (bm), both sub. (1) (c) and (d) or both sub. (1) (c) and (e) for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (b) and, (bm), (c), (d) and (e) each require proof of a fact for conviction which the other does not require.

AB221-SSA2, s. 43 Section 43. 940.25 (2) of the statutes is amended to read:

AB221-SSA2,13,22 940.25 (2) The defendant has a defense if he or she proves by a preponderance of the evidence that the great bodily harm would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have an alcohol concentration described under sub. (1) (b), or (bm), (d) or (e).

AB221-SSA2, s. 44 Section 44. 941.38 (1) (b) 4. of the statutes is amended to read:

AB221-SSA2,13,25 941.38 (1) (b) 4. Battery, substantial battery or aggravated battery, as prohibited in s. 940.19 or 940.195.

AB221-SSA2, s. 45 Section 45. 969.035 (1) of the statutes is amended to read:

AB221-SSA2,14,4 969.035 (1) In this section, "violent crime" means any crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.10, 940.19 (5), 940.195 (5), 940.21, 940.225 (1), 940.23, 941.327, 948.02 (1) or (2), 948.025 or 948.03.

AB221-SSA2, s. 46 Section 46. 969.08 (10) (b) of the statutes, as affected by 1997 Wisconsin Acts 143 and .... (Assembly Bill 93), is amended to read:

AB221-SSA2,14,13 969.08 (10) (b) "Serious crime" means any crime specified in s. 346.62 (4), 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07 or 948.30.

AB221-SSA2, s. 47 Section 47. 973.0135 (1) (b) 2. of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 220), is amended to read:

AB221-SSA2,14,20 973.0135 (1) (b) 2. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1), 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, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, 948.30 (2), 948.35 (1) (b) or (c) or 948.36.

AB221-SSA2, s. 48 Section 48. 980.01 (6) (b) of the statutes is amended to read:

AB221-SSA2,14,24 980.01 (6) (b) Any crime specified in s. 940.01, 940.02, 940.05, 940.06, 940.19 (4) or (5), 940.195 (4) or (5), 940.30, 940.305, 940.31 or 943.10 that is determined, in a proceeding under s. 980.05 (3) (b), to have been sexually motivated.

AB221-SSA2, s. 49 Section 49. Initial applicability.

AB221-SSA2,15,2 (1) This act first applies to offenses occurring on the effective date of this subsection.

AB221-SSA2,15,3 (End)