Amendment ASA1-AB3

AB3-ASA1, s. 319 Section 319. 940.09 (1) (intro.) of the statutes is amended to read:

AB3-ASA1,95,11 940.09 (1) (intro.) Any person who does any of the following is guilty of a Class B felony may be penalized as provided in sub. (1c):

AB3-ASA1, s. 320 Section 320. 940.09 (1b) of the statutes is repealed.

AB3-ASA1, s. 321 Section 321. 940.09 (1c) of the statutes is created to read:

AB3-ASA1,95,15 940.09 (1c) (a) Except as provided in par. (b), a person who violates sub. (1) is guilty of a Class D felony.

AB3-ASA1,95,18 (b) A person who violates sub. (1) is guilty of a Class C felony if the person has one or more prior convictions, suspensions, or revocations, as counted under s. 343.307 (2).

AB3-ASA1, s. 322 Section 322. 940.10 (1) of the statutes is amended to read:

AB3-ASA1,95,21 940.10 (1) Whoever causes the death of another human being by the negligent operation or handling of a vehicle is guilty of a Class E G felony.

AB3-ASA1, s. 323 Section 323. 940.10 (2) of the statutes is amended to read:

AB3-ASA1,95,24 940.10 (2) Whoever causes the death of an unborn child by the negligent operation or handling of a vehicle is guilty of a Class E G felony.

AB3-ASA1, s. 324 Section 324. 940.11 (1) of the statutes is amended to read:

AB3-ASA1,96,3 940.11 (1) Whoever mutilates, disfigures or dismembers a corpse, with intent to conceal a crime or avoid apprehension, prosecution or conviction for a crime, is guilty of a Class C F felony.

AB3-ASA1, s. 325 Section 325. 940.11 (2) of the statutes is amended to read:

AB3-ASA1,96,7 940.11 (2) Whoever hides or buries a corpse, with intent to conceal a crime or avoid apprehension, prosecution or conviction for a crime, is guilty of a Class D G felony.

AB3-ASA1, s. 326 Section 326. 940.12 of the statutes is amended to read:

AB3-ASA1,96,10 940.12 Assisting suicide. Whoever with intent that another take his or her own life assists such person to commit suicide is guilty of a Class D H felony.

AB3-ASA1, s. 327 Section 327. 940.15 (2) of the statutes is amended to read:

AB3-ASA1,96,14 940.15 (2) Whoever intentionally performs an abortion after the fetus or unborn child reaches viability, as determined by reasonable medical judgment of the woman's attending physician, is guilty of a Class E I felony.

AB3-ASA1, s. 328 Section 328. 940.15 (5) of the statutes is amended to read:

AB3-ASA1,96,17 940.15 (5) Whoever intentionally performs an abortion and who is not a physician is guilty of a Class E I felony.

AB3-ASA1, s. 329 Section 329. 940.15 (6) of the statutes is amended to read:

AB3-ASA1,96,25 940.15 (6) Any physician who intentionally performs an abortion under sub. (3) shall use that method of abortion which, of those he or she knows to be available, is in his or her medical judgment most likely to preserve the life and health of the fetus or unborn child. Nothing in this subsection requires a physician performing an abortion to employ a method of abortion which, in his or her medical judgment based on the particular facts of the case before him or her, would increase the risk to the woman. Any physician violating this subsection is guilty of a Class E I felony.

AB3-ASA1, s. 330 Section 330. 940.19 (2) of the statutes is amended to read:

AB3-ASA1,97,4 940.19 (2) Whoever causes substantial bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class E I felony.

AB3-ASA1, s. 331 Section 331. 940.19 (3) of the statutes is repealed.

AB3-ASA1, s. 332 Section 332. 940.19 (4) of the statutes is amended to read:

AB3-ASA1,97,8 940.19 (4) Whoever causes great bodily harm to another by an act done with intent to cause bodily harm to that person or another is guilty of a Class D H felony.

AB3-ASA1, s. 333 Section 333. 940.19 (5) of the statutes is amended to read:

AB3-ASA1,97,12 940.19 (5) Whoever causes great bodily harm to another by an act done with intent to cause either substantial bodily harm or great bodily harm to that person or another is guilty of a Class C E felony.

AB3-ASA1, s. 334 Section 334. 940.19 (6) (intro.) of the statutes is amended to read:

AB3-ASA1,97,17 940.19 (6) (intro.) Whoever intentionally causes bodily harm to another by conduct that creates a substantial risk of great bodily harm is guilty of a Class D H felony. A rebuttable presumption of conduct creating a substantial risk of great bodily harm arises:

AB3-ASA1, s. 335 Section 335. 940.195 (2) of the statutes is amended to read:

AB3-ASA1,97,21 940.195 (2) Whoever causes substantial bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class E I felony.

AB3-ASA1, s. 336 Section 336. 940.195 (3) of the statutes is repealed.

AB3-ASA1, s. 337 Section 337. 940.195 (4) of the statutes is amended to read:

AB3-ASA1,98,3 940.195 (4) Whoever causes great bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class D H felony.

AB3-ASA1, s. 338 Section 338. 940.195 (5) of the statutes is amended to read:

AB3-ASA1,98,8 940.195 (5) Whoever causes great bodily harm to an unborn child by an act done with intent to cause either substantial bodily harm or great bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class C E felony.

AB3-ASA1, s. 339 Section 339. 940.195 (6) of the statutes is repealed.

AB3-ASA1, s. 340 Section 340. 940.20 (1) of the statutes is amended to read:

AB3-ASA1,98,14 940.20 (1) Battery by prisoners. Any prisoner confined to a state prison or other state, county or municipal detention facility who intentionally causes bodily harm to an officer, employee, visitor or another inmate of such prison or institution, without his or her consent, is guilty of a Class D H felony.

AB3-ASA1, s. 341 Section 341. 940.20 (1m) of the statutes is amended to read:

AB3-ASA1,98,20 940.20 (1m) Battery by persons subject to certain injunctions. (a) Any person who is subject to an injunction under s. 813.12 or a tribal injunction filed under s. 806.247 (3) and who intentionally causes bodily harm to the petitioner who sought the injunction by an act done without the consent of the petitioner is guilty of a Class E I felony.

AB3-ASA1,98,23 (b) Any person who is subject to an injunction under s. 813.125 and who intentionally causes bodily harm to the petitioner who sought the injunction by an act done without the consent of the petitioner is guilty of a Class E I felony.

AB3-ASA1, s. 342 Section 342. 940.20 (2) of the statutes is amended to read:

AB3-ASA1,99,6 940.20 (2) Battery to law enforcement officers and fire fighters. Whoever intentionally causes bodily harm to a law enforcement officer or fire fighter, as those terms are defined in s. 102.475 (8) (b) and (c), acting in an official capacity and the person knows or has reason to know that the victim is a law enforcement officer or fire fighter, by an act done without the consent of the person so injured, is guilty of a Class D H felony.

AB3-ASA1, s. 343 Section 343. 940.20 (2m) (b) of the statutes is amended to read:

AB3-ASA1,99,12 940.20 (2m) (b) Whoever intentionally causes bodily harm to a probation, extended supervision and parole agent or an aftercare agent, acting in an official capacity and the person knows or has reason to know that the victim is a probation, extended supervision and parole agent or an aftercare agent, by an act done without the consent of the person so injured, is guilty of a Class D H felony.

AB3-ASA1, s. 344 Section 344. 940.20 (3) of the statutes is amended to read:

AB3-ASA1,99,17 940.20 (3) Battery to jurors. Whoever intentionally causes bodily harm to a person who he or she knows or has reason to know is or was a grand or petit juror, and by reason of any verdict or indictment assented to by the person, without the consent of the person injured, is guilty of a Class D H felony.

AB3-ASA1, s. 345 Section 345. 940.20 (4) of the statutes is amended to read:

AB3-ASA1,99,22 940.20 (4) Battery to public officers. Whoever intentionally causes bodily harm to a public officer in order to influence the action of such officer or as a result of any action taken within an official capacity, without the consent of the person injured, is guilty of a Class E I felony.

AB3-ASA1, s. 346 Section 346. 940.20 (5) (b) of the statutes is amended to read:

AB3-ASA1,99,25 940.20 (5) (b) Whoever intentionally causes bodily harm to a technical college district or school district officer or employee acting in that capacity, and the person knows or has reason to know that the victim is a technical college district or school district officer or employee, without the consent of the person so injured, is guilty of a Class E I felony.

AB3-ASA1, s. 347 Section 347. 940.20 (6) (b) (intro.) of the statutes is amended to read:

AB3-ASA1,100,6 940.20 (6) (b) (intro.) Whoever intentionally causes bodily harm to another under any of the following circumstances is guilty of a Class E I felony:

AB3-ASA1, s. 348 Section 348. 940.20 (7) (b) of the statutes is amended to read:

AB3-ASA1,100,13 940.20 (7) (b) Whoever intentionally causes bodily harm to an emergency department worker, an emergency medical technician, a first responder or an ambulance driver who is acting in an official capacity and who the person knows or has reason to know is an emergency department worker, an emergency medical technician, a first responder or an ambulance driver, by an act done without the consent of the person so injured, is guilty of a Class D H felony.

AB3-ASA1, s. 349 Section 349. 940.201 (2) (intro.) of the statutes is amended to read:

AB3-ASA1,100,16 940.201 (2) (intro.) Whoever does any of the following is guilty of a Class D H felony:

AB3-ASA1, s. 350 Section 350. 940.203 (2) (intro.) of the statutes is amended to read:

AB3-ASA1,100,20 940.203 (2) (intro.) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any judge under all of the following circumstances is guilty of a Class D H felony:

AB3-ASA1, s. 351 Section 351. 940.205 (2) (intro.) of the statutes is amended to read:

AB3-ASA1,100,25 940.205 (2) (intro.) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any department of revenue official, employee or agent under all of the following circumstances is guilty of a Class D H felony:

AB3-ASA1, s. 352 Section 352. 940.207 (2) (intro.) of the statutes is amended to read:

AB3-ASA1,101,5 940.207 (2) (intro.) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any department of commerce or department of workforce development official, employee or agent under all of the following circumstances is guilty of a Class D H felony:

AB3-ASA1, s. 353 Section 353. 940.21 of the statutes is amended to read:

AB3-ASA1,101,9 940.21 Mayhem. Whoever, with intent to disable or disfigure another, cuts or mutilates the tongue, eye, ear, nose, lip, limb or other bodily member of another, is guilty of a Class B C felony.

AB3-ASA1, s. 354 Section 354. 940.22 (2) of the statutes is amended to read:

AB3-ASA1,101,16 940.22 (2) Sexual contact prohibited. Any person who is or who holds himself or herself out to be a therapist and who intentionally has sexual contact with a patient or client during any ongoing therapist-patient or therapist-client relationship, regardless of whether it occurs during any treatment, consultation, interview or examination, is guilty of a Class C F felony. Consent is not an issue in an action under this subsection.

AB3-ASA1, s. 355 Section 355. 940.225 (2) (intro.) of the statutes is amended to read:

AB3-ASA1,101,19 940.225 (2) Second degree sexual assault. (intro.) Whoever does any of the following is guilty of a Class BC C felony:

AB3-ASA1, s. 356 Section 356. 940.225 (3) of the statutes is amended to read:

AB3-ASA1,101,24 940.225 (3) Third degree sexual assault. Whoever has sexual intercourse with a person without the consent of that person is guilty of a Class D G felony. Whoever has sexual contact in the manner described in sub. (5) (b) 2. with a person without the consent of that person is guilty of a Class D G felony.

AB3-ASA1, s. 357 Section 357. 940.23 (1) (a) of the statutes is amended to read:

AB3-ASA1,102,3 940.23 (1) (a) Whoever recklessly causes great bodily harm to another human being under circumstances which show utter disregard for human life is guilty of a Class C D felony.

AB3-ASA1, s. 358 Section 358. 940.23 (1) (b) of the statutes is amended to read:

AB3-ASA1,102,8 940.23 (1) (b) Whoever recklessly causes great bodily harm to an unborn child under circumstances that show utter disregard for the life of that unborn child, the woman who is pregnant with that unborn child or another is guilty of a Class C D felony.

AB3-ASA1, s. 359 Section 359. 940.23 (2) (a) of the statutes is amended to read:

AB3-ASA1,102,11 940.23 (2) (a) Whoever recklessly causes great bodily harm to another human being is guilty of a Class D F felony.

AB3-ASA1, s. 360 Section 360. 940.23 (2) (b) of the statutes is amended to read:

AB3-ASA1,102,14 940.23 (2) (b) Whoever recklessly causes great bodily harm to an unborn child is guilty of a Class D F felony.

AB3-ASA1, s. 361 Section 361. 940.24 (1) of the statutes is amended to read:

AB3-ASA1,102,17 940.24 (1) Whoever causes bodily harm to another by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class E I felony.

AB3-ASA1, s. 362 Section 362. 940.24 (2) of the statutes is amended to read:

AB3-ASA1,102,21 940.24 (2) Whoever causes bodily harm to an unborn child by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class E I felony.

AB3-ASA1, s. 363 Section 363. 940.25 (1) (intro.) of the statutes is amended to read:

AB3-ASA1,102,24 940.25 (1) (intro.) Any person who does any of the following is guilty of a Class D F felony:

AB3-ASA1, s. 364 Section 364. 940.25 (1b) of the statutes is repealed.