AB146, s. 8 14Section 8. 939.25 (1) of the statutes is amended to read:
AB146,5,2215 939.25 (1) In this section, "criminal negligence" means ordinary negligence to
16a high degree, consisting of conduct which that the actor should realize creates a
17substantial and unreasonable risk of death or great bodily harm to another, except
18that for purposes of ss. 940.08 (2), 940.10 (2) and 940.24 (2), "criminal negligence"
19means ordinary negligence to a high degree, consisting of conduct that the actor
20should realize creates a substantial and unreasonable risk of death or great bodily
21harm to an unborn child, to the woman who is pregnant with that unborn child or
22to another
.
AB146, s. 9 23Section 9. 939.32 (1) (intro.) of the statutes is amended to read:
AB146,6,224 939.32 (1) (intro.) Whoever attempts to commit a felony or a battery as defined
25by
crime specified in s. 940.19 or theft as defined by s., 940.195 or 943.20 may be fined

1or imprisoned or both not to exceed one-half the maximum penalty for the completed
2crime; except:
AB146, s. 10 3Section 10. 939.62 (2m) (a) 2. of the statutes is amended to read:
AB146,6,84 939.62 (2m) (a) 2. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
5(1), 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b)
64., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 946.43, 948.02 (1) or (2),
7948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, 948.30 (2), 948.35 (1) (b)
8or (c) or 948.36.
AB146, s. 11 9Section 11. 939.75 of the statutes is created to read:
AB146,6,14 10939.75 Death or harm to an unborn child. (1) In this section and ss. 939.24
11(1), 939.25 (1), 940.01 (1) (b), 940.02 (1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2),
12940.09 (1) (c) to (e) and (1g) (c) and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b),
13940.24 (2) and 940.25 (1) (c) to (e), "unborn child" means any individual of the human
14species from fertilization until birth.
AB146,6,19 15(2) (a) In this subsection, "induced abortion" means the use of any instrument,
16medicine, drug or other substance or device in a medical procedure with the intent
17to terminate the pregnancy of a woman and with an intent other than to increase the
18probability of a live birth, to preserve the life or health of the infant after live birth
19or to remove a dead fetus.
AB146,6,2220 (b) Sections 940.01 (1) (b), 940.02 (1m), 940.05 (2g) and (2h), 940.06 (2), 940.08
21(2), 940.09 (1) (c) to (e) and (1g) (c) and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2)
22(b), 940.24 (2) and 940.25 (1) (c) to (e) do not apply to any of the following:
AB146,6,2423 1. An act that causes the death of an unborn child if the act was committed
24during any induced abortion, whether lawful or unlawful.
AB146,7,3
12. An act that is committed in accordance with the usual and customary
2standards of medical practice during diagnostic testing or therapeutic treatment
3performed by, or under the supervision of, a physician licensed under ch. 448.
AB146,7,54 3. An act by a woman who is pregnant with an unborn child that results in the
5death of or great bodily harm or bodily harm to that unborn child.
AB146,7,76 4. The prescription by a physician or the use by a woman of any medicine, drug
7or device that is used as a method of birth control or is intended to prevent pregnancy.
AB146,7,13 8(3) When the existence of an exception under sub. (2) has been placed in issue
9by the trial evidence, the state must prove beyond a reasonable doubt that the facts
10constituting the exception do not exist in order to sustain a finding of guilt under s.
11940.01 (1) (b), 940.02 (1m), 940.05 (2g), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e) or
12(1g) (c) or (d), 940.10 (2), 940.195, 940.23 (1) (b) or (2) (b), 940.24 (2) or 940.25 (1) (c)
13to (e).
AB146, s. 12 14Section 12. 940.01 (1) (title) of the statutes is amended to read:
AB146,7,1515 940.01 (1) (title) Offense Offenses.
AB146, s. 13 16Section 13. 940.01 (1) of the statutes is renumbered 940.01 (1) (a).
AB146, s. 14 17Section 14. 940.01 (1) (b) of the statutes is created to read:
AB146,7,2018 940.01 (1) (b) Except as provided in sub. (2), whoever causes the death of an
19unborn child with intent to kill that unborn child, kill the woman who is pregnant
20with that unborn child or kill another is guilty of a Class A felony.
AB146, s. 15 21Section 15. 940.02 (1m) of the statutes is created to read:
AB146,7,2422 940.02 (1m) Whoever recklessly causes the death of an unborn child under
23circumstances that show utter disregard for the life of that unborn child, the woman
24who is pregnant with that unborn child or another is guilty of a Class B felony.
AB146, s. 16 25Section 16. 940.05 (2) of the statutes is amended to read:
AB146,8,3
1940.05 (2) In prosecutions under this section sub. (1), it is sufficient to allege
2and prove that the defendant caused the death of another human being with intent
3to kill that person or another.
AB146, s. 17 4Section 17. 940.05 (2g) of the statutes is created to read:
AB146,8,75 940.05 (2g) Whoever causes the death of an unborn child with intent to kill that
6unborn child, kill the woman who is pregnant with that unborn child or kill another
7is guilty of a Class B felony if:
AB146,8,108 (a) In prosecutions under s. 940.01, the state fails to prove beyond a reasonable
9doubt that the mitigating circumstances specified in s. 940.01 (2) did not exist as
10required by s. 940.01 (3); or
AB146,8,1311 (b) The state concedes that it is unable to prove beyond a reasonable doubt that
12the mitigating circumstances specified in s. 940.01 (2) did not exist. By charging
13under this section, the state so concedes.
AB146, s. 18 14Section 18. 940.05 (2h) of the statutes is created to read:
AB146,8,1715 940.05 (2h) In prosecutions under sub. (2g), it is sufficient to allege and prove
16that the defendant caused the death of an unborn child with intent to kill that unborn
17child, kill the woman who is pregnant with that unborn child or kill another.
AB146, s. 19 18Section 19. 940.06 of the statutes is renumbered 940.06 (1).
AB146, s. 20 19Section 20. 940.06 (2) of the statutes is created to read:
AB146,8,2120 940.06 (2) Whoever recklessly causes the death of an unborn child is guilty of
21a Class C felony.
AB146, s. 21 22Section 21. 940.08 of the statutes is renumbered 940.08 (1).
AB146, s. 22 23Section 22. 940.08 (2) of the statutes is created to read:
AB146,9,3
1940.08 (2) Whoever causes the death of an unborn child by the negligent
2operation or handling of a dangerous weapon, explosives or fire is guilty of a Class
3D felony.
AB146, s. 23 4Section 23. 940.09 (1) (c) to (e) of the statutes are created to read:
AB146,9,65 940.09 (1) (c) Causes the death of an unborn child by the operation or handling
6of a vehicle while under the influence of an intoxicant.
AB146,9,97 (d) Causes the death of an unborn child by the operation or handling of a vehicle
8while the person has a prohibited alcohol concentration, as defined in s. 340.01
9(46m).
AB146,9,1210 (e) Causes the death of an unborn child by the operation of a commercial motor
11vehicle while the person has an alcohol concentration of 0.04 or more but less than
120.1.
AB146, s. 24 13Section 24. 940.09 (1d) of the statutes is amended to read:
AB146,9,1914 940.09 (1d) If the person who committed an offense under sub. (1) (a) or, (b), (c)
15or (d)
has 2 or more prior convictions, suspensions or revocations in a 10-year period,
16as counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be followed
17regarding the immobilization or seizure and forfeiture of a motor vehicle owned by
18the person who committed the offense or the equipping of a motor vehicle owned by
19the person with an ignition interlock device.
AB146, s. 25 20Section 25. 940.09 (1g) (c) and (d) of the statutes are created to read:
AB146,9,2221 940.09 (1g) (c) Causes the death of an unborn child by the operation or handling
22of a firearm or airgun while under the influence of an intoxicant.
AB146,9,2423 (d) Causes the death of an unborn child by the operation or handling of a
24firearm or airgun while the person has a blood alcohol concentration of 0.1% or more

1by weight of alcohol in that person's blood or 0.10 grams or more of alcohol in 210
2liters of that person's breath.
AB146, s. 26 3Section 26. 940.09 (1m) of the statutes is amended to read:
AB146,10,184 940.09 (1m) A person may be charged with and a prosecutor may proceed upon
5an information based upon a violation of sub. (1) (a) or (b) or both or of, sub. (1) (a)
6or (bm) or both or of, sub. (1) (c) or (d) or both, sub. (1) (c) or (e) or both, sub. (1g) (a)
7or (b) or both or sub. (1g) (c) or (d) or both for acts arising out of the same incident or
8occurrence. If the person is charged with violating both sub. (1) (a) and (b) or, both
9sub. (1) (a) and (bm) or, both sub. (1) (c) and (d), both sub. (1) (c) and (e), both sub. (1g)
10(a) and (b) or both sub. (1g) (c) and (d) in the information, the crimes shall be joined
11under s. 971.12. If the person is found guilty of both sub. (1) (a) and (b) or of, both
12sub. (1) (a) and (bm) or of, both sub. (1) (c) and (d), both sub. (1) (c) and (e), both sub.
13(1g) (a) and (b) or both sub. (1g) (c) and (d) for acts arising out of the same incident
14or occurrence, there shall be a single conviction for purposes of sentencing and for
15purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6)
16(a) 2. and 3., under s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3. Subsection (1)
17(a), (b) and, (bm), (c), (d) and (e), and sub. (1g) (a) and, (b), (c) and (d), each require
18proof of a fact for conviction which the other does not require.
AB146, s. 27 19Section 27. 940.09 (2) of the statutes is amended to read:
AB146,10,2420 940.09 (2) The defendant has a defense if he or she proves by a preponderance
21of the evidence that the death would have occurred even if he or she had been
22exercising due care and he or she had not been under the influence of an intoxicant
23or did not have a blood alcohol concentration described under sub. (1) (b) or, (bm), (d)
24or (e)
or (1g) (b) or (d).
AB146, s. 28 25Section 28. 940.10 of the statutes is renumbered 940.10 (1).
AB146, s. 29
1Section 29. 940.10 (2) of the statutes is created to read:
AB146,11,32 940.10 (2) Whoever causes the death of an unborn child by the negligent
3operation or handling of a vehicle is guilty of a Class E felony.
AB146, s. 30 4Section 30. 940.195 of the statutes is created to read:
AB146,11,9 5940.195 Battery to an unborn child; substantial battery to an unborn
6child; aggravated battery to an unborn child. (1)
Whoever causes bodily harm
7to an unborn child by an act done with intent to cause bodily harm to that unborn
8child, to the woman who is pregnant with that unborn child or another is guilty of
9a Class A misdemeanor.
AB146,11,12 10(2) Whoever causes substantial bodily harm to an unborn child by an act done
11with intent to cause bodily harm to that unborn child, to the woman who is pregnant
12with that unborn child or another is guilty of a Class E felony.
AB146,11,15 13(3) Whoever causes substantial bodily harm to an unborn child by an act done
14with intent to cause substantial bodily harm to that unborn child, to the woman who
15is pregnant with that unborn child or another is guilty of a Class D felony.
AB146,11,18 16(4) Whoever causes great bodily harm to an unborn child by an act done with
17intent to cause bodily harm to that unborn child, to the woman who is pregnant with
18that unborn child or another is guilty of a Class D felony.
AB146,11,22 19(5) Whoever causes great bodily harm to an unborn child by an act done with
20intent to cause either substantial bodily harm or great bodily harm to that unborn
21child, to the woman who is pregnant with that unborn child or another is guilty of
22a Class C felony.
AB146,11,24 23(6) Whoever intentionally causes bodily harm to an unborn child by conduct
24that creates a substantial risk of great bodily harm is guilty of a Class D felony.
AB146, s. 31 25Section 31. 940.23 (1) of the statutes is renumbered 940.23 (1) (a).
AB146, s. 32
1Section 32. 940.23 (1) (b) of the statutes is created to read:
AB146,12,42 940.23 (1) (b) Whoever recklessly causes great bodily harm to an unborn child
3under circumstances that show utter disregard for the life of that unborn child, the
4woman who is pregnant with that unborn child or another is guilty of a Class C felony.
AB146, s. 33 5Section 33. 940.23 (2) of the statutes is renumbered 940.23 (2) (a).
AB146, s. 34 6Section 34. 940.23 (2) (b) of the statutes is created to read:
AB146,12,87 940.23 (2) (b) Whoever recklessly causes great bodily harm to an unborn child
8is guilty of a Class D felony.
AB146, s. 35 9Section 35. 940.24 of the statutes is renumbered 940.24 (1).
AB146, s. 36 10Section 36. 940.24 (2) of the statutes is created to read:
AB146,12,1311 940.24 (2) Whoever causes bodily harm to an unborn child by the negligent
12operation or handling of a dangerous weapon, explosives or fire is guilty of a Class
13E felony.
AB146, s. 37 14Section 37. 940.25 (1) (c) to (e) of the statutes are created to read:
AB146,12,1615 940.25 (1) (c) Causes great bodily harm to an unborn child by the operation of
16a vehicle while under the influence of an intoxicant.
AB146,12,1917 (d) Causes great bodily harm to an unborn child by the operation of a vehicle
18while the person has a prohibited alcohol concentration, as defined in s. 340.01
19(46m).
AB146,12,2220 (e) Causes great bodily harm to an unborn child by the operation of a
21commercial motor vehicle while the person has an alcohol concentration of 0.04 or
22more but less than 0.1.
AB146, s. 38 23Section 38. 940.25 (1d) of the statutes is amended to read:
AB146,13,424 940.25 (1d) If the person who committed the offense under sub. (1) (a) or, (b),
25(c) or (d)
has 2 or more prior convictions, suspensions or revocations in a 10-year

1period, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be
2followed regarding the immobilization or seizure and forfeiture of a motor vehicle
3owned by the person who committed the offense or the equipping of a motor vehicle
4owned by the person with an ignition interlock device.
AB146, s. 39 5Section 39. 940.25 (1m) of the statutes is amended to read:
AB146,13,186 940.25 (1m) A person may be charged with and a prosecutor may proceed upon
7an information based upon a violation of sub. (1) (a) or (b) or both or of, sub. (1) (a)
8or (bm) or both, sub. (1) (c) or (d) or both or sub. (1) (c) or (e) or both for acts arising
9out of the same incident or occurrence. If the person is charged with violating both
10sub. (1) (a) and (b) or, both sub. (1) (a) and (bm), both sub. (1) (c) and (d) or both sub.
11(1) (c) and (e)
in the information, the crimes shall be joined under s. 971.12. If the
12person is found guilty of both sub. (1) (a) and (b) or of, both sub. (1) (a) and (bm), both
13sub. (1) (c) and (d) or both sub. (1) (c) and (e)
for acts arising out of the same incident
14or occurrence, there shall be a single conviction for purposes of sentencing and for
15purposes of counting convictions under s. 23.33 (13) (b) 2 and 3, under s. 30.80 (6) (a)
162 or 3, under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2 and 3. Subsection
17(1) (a), (b) and, (bm), (c), (d) and (e) each require proof of a fact for conviction which
18the other does not require.
AB146, s. 40 19Section 40. 940.25 (2) of the statutes is amended to read:
AB146,13,2420 940.25 (2) The defendant has a defense if he or she proves by a preponderance
21of the evidence that the great bodily harm would have occurred even if he or she had
22been exercising due care and he or she had not been under the influence of an
23intoxicant or did not have a blood alcohol concentration described under sub. (1) (b)
24or, (bm), (d) or (e).
AB146, s. 41 25Section 41. 941.38 (1) (b) 4. of the statutes is amended to read:
AB146,14,2
1941.38 (1) (b) 4. Battery, substantial battery or aggravated battery, as
2prohibited in s. 940.19 or 940.195.
AB146, s. 42 3Section 42. 969.035 (1) of the statutes is amended to read:
AB146,14,64 969.035 (1) In this section, "violent crime" means any crime specified in s.
5940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.10, 940.19 (5), 940.195
6(5),
940.21, 940.225 (1), 940.23, 941.327, 948.02 (1) or (2), 948.025 or 948.03.
AB146, s. 43 7Section 43. 969.08 (10) (b) of the statutes is amended to read:
AB146,14,148 969.08 (10) (b) "Serious crime" means any crime specified in s. 346.62 (4),
9940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195
10(5),
940.20, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29,
11940.295 (3) (b) 1., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01
12(2) (c), 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m) or (1r),
13943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03,
14948.04, 948.05, 948.06, 948.07 or 948.30.
AB146, s. 44 15Section 44. 973.0135 (1) (b) 2. of the statutes is amended to read:
AB146,14,2016 973.0135 (1) (b) 2. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
17(1), 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b)
184., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 946.43, 948.02 (1) or (2),
19948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, 948.30 (2), 948.35 (1) (b)
20or (c) or 948.36.
AB146, s. 45 21Section 45. 980.01 (6) (b) of the statutes is amended to read:
AB146,14,2422 980.01 (6) (b) Any crime specified in s. 940.01, 940.02, 940.05, 940.06, 940.19
23(4) or (5), 940.195 (4) or (5), 940.30, 940.305, 940.31 or 943.10 that is determined, in
24a proceeding under s. 980.05 (3) (b), to have been sexually motivated.
AB146, s. 46 25Section 46. Initial applicability.
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