AB1-ASA1, s. 565
23Section 565. 939.62 (2m) (a) 2m. a. of the statutes is amended to read:
AB1-ASA1,233,224
939.62
(2m) (a) 2m. a. Any felony under s. 961.41 (1), (1m) or (1x)
if the felony
25is that is a Class A, B, or C felony or, if the felony was committed before the effective
1date of this subd. 2m. a. .... [revisor inserts date], that is or was punishable by a
2maximum prison term of 30 years or more.
AB1-ASA1, s. 566
3Section 566. 939.62 (2m) (a) 2m. b. of the statutes is amended to read:
AB1-ASA1,233,94
939.62
(2m) (a) 2m. b. Any felony under
s. 940.09 (1), 1999 stats., s. 943.23 (1m)
5or (1r), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats., or s.
6940.01, 940.02, 940.03, 940.05, 940.09
(1) (1c), 940.16, 940.19 (5), 940.195 (5), 940.21,
7940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g),
8(1m) or (1r), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c),
9948.05, 948.06, 948.07, 948.08,
or 948.30 (2)
, 948.35 (1) (b) or (c) or 948.36.
AB1-ASA1,233,1812
939.623
(2) If a person has one or more prior convictions for a serious sex crime
13and subsequently commits a serious sex crime, the court shall
impose a bifurcated 14sentence
the person to under s. 973.01. The term of confinement in prison portion
15of a bifurcated sentence imposed under this subsection may not
be less than
5 years'
16imprisonment 3 years and 6 months, but otherwise the penalties for the crime apply,
17subject to any applicable penalty enhancement. The court
shall may not place the
18defendant on probation.
AB1-ASA1,234,220
939.624
(2) If a person has one or more prior convictions for a serious violent
21crime or a crime punishable by life imprisonment and subsequently commits a
22serious violent crime, the court shall
impose a bifurcated sentence
the person to 23under s. 973.01. The term of confinement in prison portion of a bifurcated sentence
24imposed under this subsection may not
be less than
5 years' imprisonment 3 years
25and 6 months, but otherwise the penalties for the crime apply, subject to any
1applicable penalty enhancement. The court
shall may not place the defendant on
2probation.
AB1-ASA1, s. 571
4Section 571. 939.63 (1) of the statutes is renumbered 939.63, and 939.63 (1)
5(d), (2) and (3), as renumbered, are amended to read:
AB1-ASA1,234,76
939.63
(1) (d) The maximum term of imprisonment for a felony not specified
7in
subd. 2. or 3. par (b) or (c) may be increased by not more than 3 years.
AB1-ASA1,234,10
8(2) The increased penalty provided in this
subsection section does not apply if
9possessing, using or threatening to use a dangerous weapon is an essential element
10of the crime charged.
AB1-ASA1,234,12
11(3) This
subsection section applies only to crimes specified under chs. 939 to
12951 and 961.
AB1-ASA1, s. 573
14Section 573. 939.632 (1) (e) 1. of the statutes is amended to read:
AB1-ASA1,234,1915
939.632
(1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
(1) 16(1c), 940.19 (2),
(3), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.305, 940.31, 941.20,
17941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g),
(1m) or (1r), 943.32 (2), 948.02 (1) or
18(2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.055, 948.07, 948.08,
or 948.30 (2)
, 948.35
19(1) (b) or (c) or 948.36.
AB1-ASA1,234,2221
939.632
(2) If a person commits a violent crime in a school zone, the maximum
22period term of imprisonment is increased as follows:
AB1-ASA1,234,2423
(a) If the violent crime is a felony, the maximum
period term of imprisonment
24is increased by 5 years.
AB1-ASA1,235,3
1(b) If the violent crime is a misdemeanor, the maximum
period term of
2imprisonment is increased by 3 months and the place of imprisonment is the county
3jail.
AB1-ASA1,235,118
939.645
(2) (a) If the crime committed under sub. (1) is ordinarily a
9misdemeanor other than a Class A misdemeanor, the revised maximum fine is
10$10,000 and the revised maximum
period term of imprisonment is one year in the
11county jail.
AB1-ASA1,235,1512
(b) If the crime committed under sub. (1) is ordinarily a Class A misdemeanor,
13the penalty increase under this section changes the status of the crime to a felony and
14the revised maximum fine is $10,000 and the revised maximum
period term of
15imprisonment is 2 years.
AB1-ASA1,235,1916
(c) If the crime committed under sub. (1) is a felony, the maximum fine
17prescribed by law for the crime may be increased by not more than $5,000 and the
18maximum
period term of imprisonment prescribed by law for the crime may be
19increased by not more than 5 years.
AB1-ASA1,235,2524
939.72
(1) Section 939.30
, 948.35 or 948.36 for solicitation and s. 939.05 as a
25party to a crime which is the objective of the solicitation; or
AB1-ASA1,236,62
939.75
(1) In this section and ss. 939.24 (1), 939.25 (1), 940.01 (1) (b), 940.02
3(1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e)
, (1b) and (1g) (c)
4and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2) and 940.25 (1) (c) to
5(e)
and (1b), "unborn child" means any individual of the human species from
6fertilization until birth that is gestating inside a woman.
AB1-ASA1, s. 584
7Section 584. 940.02 (2) (intro.) of the statutes is amended to read:
AB1-ASA1,236,98
940.02
(2) (intro.) Whoever causes the death of another human being under any
9of the following circumstances is guilty of a Class
B
C felony:
AB1-ASA1,236,15
11940.03 Felony murder. Whoever causes the death of another human being
12while committing or attempting to commit a crime specified in s. 940.225 (1) or (2)
13(a), 943.02, 943.10 (2)
, 943.23 (1g), or 943.32 (2) may be imprisoned for not more than
1420 15 years in excess of the maximum
period term of imprisonment provided by law
15for that crime or attempt.
AB1-ASA1,236,1917
940.04
(1) Any person, other than the mother, who intentionally destroys the
18life of an unborn child
may be fined not more than $5,000 or imprisoned not more
19than 3 years or both is guilty of a Class H felony.
AB1-ASA1, s. 587
20Section 587. 940.04 (2) (intro.) of the statutes is amended to read:
AB1-ASA1,236,2221
940.04
(2) (intro.) Any person, other than the mother, who does either of the
22following
may be imprisoned not more than 15 years
is guilty of a Class E felony:
AB1-ASA1,237,3
1940.04
(4) Any pregnant woman who intentionally destroys the life of her
2unborn quick child or who consents to such destruction by another
may be
3imprisoned not more than 2 years is guilty of a Class I felony.
AB1-ASA1,237,65
940.06
(1) Whoever recklessly causes the death of another human being is
6guilty of a Class
C D felony.
AB1-ASA1,237,98
940.06
(2) Whoever recklessly causes the death of an unborn child is guilty of
9a Class
C D felony.
AB1-ASA1,237,15
11940.07 Homicide resulting from negligent control of vicious animal. 12Whoever knowing the vicious propensities of any animal intentionally allows it to go
13at large or keeps it without ordinary care, if such animal, while so at large or not
14confined, kills any human being who has taken all the precautions which the
15circumstances may permit to avoid such animal, is guilty of a Class
C G felony.
AB1-ASA1,237,1917
940.08
(1) Whoever causes the death of another human being by the negligent
18operation or handling of a dangerous weapon, explosives or fire is guilty of a Class
19D G felony.
AB1-ASA1,237,2321
940.08
(2) Whoever causes the death of an unborn child by the negligent
22operation or handling of a dangerous weapon, explosives or fire is guilty of a Class
D 23G felony.
AB1-ASA1, s. 594
24Section 594. 940.09 (1) (intro.) of the statutes is amended to read:
AB1-ASA1,238,2
1940.09
(1) (intro.) Any person who does any of the following
is guilty of a Class
2B felony may be penalized as provided in sub. (1c):
AB1-ASA1,238,65
940.09
(1c) (a) Except as provided in par. (b), a person who violates sub. (1) is
6guilty of a Class D felony.
AB1-ASA1,238,97
(b) A person who violates sub. (1) is guilty of a Class C felony if the person has
8one or more prior convictions, suspensions, or revocations, as counted under s.
9343.307 (2).
AB1-ASA1,238,1211
940.10
(1) Whoever causes the death of another human being by the negligent
12operation or handling of a vehicle is guilty of a Class
E G felony.
AB1-ASA1,238,1514
940.10
(2) Whoever causes the death of an unborn child by the negligent
15operation or handling of a vehicle is guilty of a Class
E G felony.
AB1-ASA1,238,1917
940.11
(1) Whoever mutilates, disfigures or dismembers a corpse, with intent
18to conceal a crime or avoid apprehension, prosecution or conviction for a crime, is
19guilty of a Class
C F felony.
AB1-ASA1,238,2321
940.11
(2) Whoever hides or buries a corpse, with intent to conceal a crime or
22avoid apprehension, prosecution or conviction for a crime, is guilty of a Class
D G 23felony.
AB1-ASA1,239,2
1940.12 Assisting suicide. Whoever with intent that another take his or her
2own life assists such person to commit suicide is guilty of a Class
D H felony.
AB1-ASA1,239,64
940.15
(2) Whoever intentionally performs an abortion after the fetus or
5unborn child reaches viability, as determined by reasonable medical judgment of the
6woman's attending physician, is guilty of a Class
E
I felony.
AB1-ASA1,239,98
940.15
(5) Whoever intentionally performs an abortion and who is not a
9physician is guilty of a Class
E I felony.
AB1-ASA1,239,1711
940.15
(6) Any physician who intentionally performs an abortion under sub.
12(3) shall use that method of abortion which, of those he or she knows to be available,
13is in his or her medical judgment most likely to preserve the life and health of the
14fetus or unborn child. Nothing in this subsection requires a physician performing
15an abortion to employ a method of abortion which, in his or her medical judgment
16based on the particular facts of the case before him or her, would increase the risk
17to the woman. Any physician violating this subsection is guilty of a Class
E I felony.
AB1-ASA1,239,2119
940.19
(2) Whoever causes substantial bodily harm to another by an act done
20with intent to cause bodily harm to that person or another is guilty of a Class
E I 21felony.
AB1-ASA1,239,2524
940.19
(4) Whoever causes great bodily harm to another by an act done with
25intent to cause bodily harm to that person or another is guilty of a Class
D H felony.
AB1-ASA1,240,42
940.19
(5) Whoever causes great bodily harm to another by an act done with
3intent to cause
either substantial bodily harm or great bodily harm to that person
4or another is guilty of a Class
C E felony.
AB1-ASA1, s. 609
5Section 609. 940.19 (6) (intro.) of the statutes is amended to read:
AB1-ASA1,240,96
940.19
(6) (intro.) Whoever intentionally causes bodily harm to another by
7conduct that creates a substantial risk of great bodily harm is guilty of a Class
D H 8felony. A rebuttable presumption of conduct creating a substantial risk of great
9bodily harm arises:
AB1-ASA1,240,1311
940.195
(2) Whoever causes substantial bodily harm to an unborn child by an
12act done with intent to cause bodily harm to that unborn child, to the woman who is
13pregnant with that unborn child or another is guilty of a Class
E I felony.
