AB3-ASA1, s. 296
16Section
296. 939.63 (1) of the statutes is renumbered 939.63, and 939.63 (1)
17(d), (2) and (3), as renumbered, are amended to read:
AB3-ASA1,91,1918
939.63
(1) (d) The maximum term of imprisonment for a felony not specified
19in
subd. 2. or 3. par (b) or (c) may be increased by not more than 3 years.
AB3-ASA1,91,22
20(2) The increased penalty provided in this
subsection section does not apply if
21possessing, using or threatening to use a dangerous weapon is an essential element
22of the crime charged.
AB3-ASA1,91,24
23(3) This
subsection section applies only to crimes specified under chs. 939 to
24951 and 961.
AB3-ASA1, s. 298
1Section
298. 939.632 (1) (e) 1. of the statutes is amended to read:
AB3-ASA1,92,62
939.632
(1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
(1) 3(1c), 940.19 (2),
(3), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.305, 940.31, 941.20,
4941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g),
(1m) or (1r), 943.32 (2), 948.02 (1) or
5(2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.055, 948.07, 948.08,
or 948.30 (2)
, 948.35
6(1) (b) or (c) or 948.36.
AB3-ASA1,92,98
939.632
(2) If a person commits a violent crime in a school zone, the maximum
9period term of imprisonment is increased as follows:
AB3-ASA1,92,1110
(a) If the violent crime is a felony, the maximum
period term of imprisonment
11is increased by 5 years.
AB3-ASA1,92,1412
(b) If the violent crime is a misdemeanor, the maximum
period term of
13imprisonment is increased by 3 months and the place of imprisonment is the county
14jail.
AB3-ASA1,92,2219
939.645
(2) (a) If the crime committed under sub. (1) is ordinarily a
20misdemeanor other than a Class A misdemeanor, the revised maximum fine is
21$10,000 and the revised maximum
period term of imprisonment is one year in the
22county jail.
AB3-ASA1,93,223
(b) If the crime committed under sub. (1) is ordinarily a Class A misdemeanor,
24the penalty increase under this section changes the status of the crime to a felony and
1the revised maximum fine is $10,000 and the revised maximum
period term of
2imprisonment is 2 years.
AB3-ASA1,93,63
(c) If the crime committed under sub. (1) is a felony, the maximum fine
4prescribed by law for the crime may be increased by not more than $5,000 and the
5maximum
period term of imprisonment prescribed by law for the crime may be
6increased by not more than 5 years.
AB3-ASA1,93,1211
939.72
(1) Section 939.30
, 948.35 or 948.36 for solicitation and s. 939.05 as a
12party to a crime which is the objective of the solicitation; or
AB3-ASA1,93,1814
939.75
(1) In this section and ss. 939.24 (1), 939.25 (1), 940.01 (1) (b), 940.02
15(1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e)
, (1b) and (1g) (c)
16and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2) and 940.25 (1) (c) to
17(e)
and (1b), "unborn child" means any individual of the human species from
18fertilization until birth that is gestating inside a woman.
AB3-ASA1, s. 309
19Section
309. 940.02 (2) (intro.) of the statutes is amended to read:
AB3-ASA1,93,2120
940.02
(2) (intro.) Whoever causes the death of another human being under any
21of the following circumstances is guilty of a Class
B
C felony:
AB3-ASA1,94,2
23940.03 Felony murder. Whoever causes the death of another human being
24while committing or attempting to commit a crime specified in s. 940.225 (1) or (2)
25(a), 943.02, 943.10 (2)
, 943.23 (1g), or 943.32 (2) may be imprisoned for not more than
120 15 years in excess of the maximum
period term of imprisonment provided by law
2for that crime or attempt.
AB3-ASA1,94,64
940.04
(1) Any person, other than the mother, who intentionally destroys the
5life of an unborn child
may be fined not more than $5,000 or imprisoned not more
6than 3 years or both is guilty of a Class H felony.
AB3-ASA1, s. 312
7Section
312. 940.04 (2) (intro.) of the statutes is amended to read:
AB3-ASA1,94,98
940.04
(2) (intro.) Any person, other than the mother, who does either of the
9following
may be imprisoned not more than 15 years
is guilty of a Class E felony:
AB3-ASA1,94,1311
940.04
(4) Any pregnant woman who intentionally destroys the life of her
12unborn quick child or who consents to such destruction by another
may be
13imprisoned not more than 2 years is guilty of a Class I felony.
AB3-ASA1,94,1615
940.06
(1) Whoever recklessly causes the death of another human being is
16guilty of a Class
C D felony.
AB3-ASA1,94,1918
940.06
(2) Whoever recklessly causes the death of an unborn child is guilty of
19a Class
C D felony.
AB3-ASA1,94,25
21940.07 Homicide resulting from negligent control of vicious animal. 22Whoever knowing the vicious propensities of any animal intentionally allows it to go
23at large or keeps it without ordinary care, if such animal, while so at large or not
24confined, kills any human being who has taken all the precautions which the
25circumstances may permit to avoid such animal, is guilty of a Class
C G felony.
AB3-ASA1,95,42
940.08
(1) Whoever causes the death of another human being by the negligent
3operation or handling of a dangerous weapon, explosives or fire is guilty of a Class
4D G felony.
AB3-ASA1,95,86
940.08
(2) Whoever causes the death of an unborn child by the negligent
7operation or handling of a dangerous weapon, explosives or fire is guilty of a Class
D 8G felony.
AB3-ASA1, s. 319
9Section
319. 940.09 (1) (intro.) of the statutes is amended to read:
AB3-ASA1,95,1110
940.09
(1) (intro.) Any person who does any of the following
is guilty of a Class
11B felony may be penalized as provided in sub. (1c):
AB3-ASA1,95,1514
940.09
(1c) (a) Except as provided in par. (b), a person who violates sub. (1) is
15guilty of a Class D felony.
AB3-ASA1,95,1816
(b) A person who violates sub. (1) is guilty of a Class C felony if the person has
17one or more prior convictions, suspensions, or revocations, as counted under s.
18343.307 (2).
AB3-ASA1,95,2120
940.10
(1) Whoever causes the death of another human being by the negligent
21operation or handling of a vehicle is guilty of a Class
E G felony.
AB3-ASA1,95,2423
940.10
(2) Whoever causes the death of an unborn child by the negligent
24operation or handling of a vehicle is guilty of a Class
E G felony.
AB3-ASA1,96,3
1940.11
(1) Whoever mutilates, disfigures or dismembers a corpse, with intent
2to conceal a crime or avoid apprehension, prosecution or conviction for a crime, is
3guilty of a Class
C F felony.
AB3-ASA1,96,75
940.11
(2) Whoever hides or buries a corpse, with intent to conceal a crime or
6avoid apprehension, prosecution or conviction for a crime, is guilty of a Class
D G 7felony.
AB3-ASA1,96,10
9940.12 Assisting suicide. Whoever with intent that another take his or her
10own life assists such person to commit suicide is guilty of a Class
D H felony.
AB3-ASA1,96,1412
940.15
(2) Whoever intentionally performs an abortion after the fetus or
13unborn child reaches viability, as determined by reasonable medical judgment of the
14woman's attending physician, is guilty of a Class
E
I felony.
AB3-ASA1,96,1716
940.15
(5) Whoever intentionally performs an abortion and who is not a
17physician is guilty of a Class
E I felony.
AB3-ASA1,96,2519
940.15
(6) Any physician who intentionally performs an abortion under sub.
20(3) shall use that method of abortion which, of those he or she knows to be available,
21is in his or her medical judgment most likely to preserve the life and health of the
22fetus or unborn child. Nothing in this subsection requires a physician performing
23an abortion to employ a method of abortion which, in his or her medical judgment
24based on the particular facts of the case before him or her, would increase the risk
25to the woman. Any physician violating this subsection is guilty of a Class
E I felony.
AB3-ASA1,97,42
940.19
(2) Whoever causes substantial bodily harm to another by an act done
3with intent to cause bodily harm to that person or another is guilty of a Class
E I 4felony.
AB3-ASA1,97,87
940.19
(4) Whoever causes great bodily harm to another by an act done with
8intent to cause bodily harm to that person or another is guilty of a Class
D H felony.
AB3-ASA1,97,1210
940.19
(5) Whoever causes great bodily harm to another by an act done with
11intent to cause
either substantial bodily harm or great bodily harm to that person
12or another is guilty of a Class
C E felony.
AB3-ASA1, s. 334
13Section
334. 940.19 (6) (intro.) of the statutes is amended to read:
AB3-ASA1,97,1714
940.19
(6) (intro.) Whoever intentionally causes bodily harm to another by
15conduct that creates a substantial risk of great bodily harm is guilty of a Class
D H 16felony. A rebuttable presumption of conduct creating a substantial risk of great
17bodily harm arises:
AB3-ASA1,97,2119
940.195
(2) Whoever causes substantial bodily harm to an unborn child by an
20act done with intent to cause bodily harm to that unborn child, to the woman who is
21pregnant with that unborn child or another is guilty of a Class
E I felony.
AB3-ASA1,98,3
1940.195
(4) Whoever causes great bodily harm to an unborn child by an act
2done with intent to cause bodily harm to that unborn child, to the woman who is
3pregnant with that unborn child or another is guilty of a Class
D H felony.
AB3-ASA1,98,85
940.195
(5) Whoever causes great bodily harm to an unborn child by an act
6done with intent to cause
either substantial bodily harm or great bodily harm to that
7unborn child, to the woman who is pregnant with that unborn child or another is
8guilty of a Class
C E felony.
AB3-ASA1,98,1411
940.20
(1) Battery by prisoners. Any prisoner confined to a state prison or
12other state, county or municipal detention facility who intentionally causes bodily
13harm to an officer, employee, visitor or another inmate of such prison or institution,
14without his or her consent, is guilty of a Class
D
H felony.
