SB571: Bill Text

LRB-2399/3

JEO&BF:kmg:jlb

1995 - 1996 LEGISLATURE

1995 Senate BILL 571

February 21, 1996 - Introduced by Senators Huelsman, Rosenzweig and Jauch. Referred to Committee on Judiciary.

SB571,1,4 An Act to amend 767.11 (8) (b) 2., 767.11 (10) (e) 2., 767.24 (2) (b) 2. c., 767.24 (5) (i), 939.48 (3), 971.37 (1m) (a) 2. and 973.055 (1) (a) 1.; and to create 940.20 (7), 940.20 (8) and 940.235 of the statutes; relating to: battery or reckless inju ry to a pregnant female resulting in great bodily harm to or death of her fetus.

Analysis by the Legislative Reference Bureau

Presently, ordinary battery (intentionally causing bodily harm to another per son without consent) is a Class A misdemeanor. However, if the battery is against a police officer, probation and parole agent, fire fighter, witness, juror or public offi cial or under other special circumstances, the crime is a felony. This bill makes it a Class D felony to commit a battery against a pregnant female and cause great bodily harm to her fetus and makes it a Class B felony to commit a battery against a preg nant female and cause the death of her fetus.

Also, under current law, recklessly causing great bodily harm to another person is a Class D felony. However, recklessly causing great bodily harm to another human being under circumstances which show utter disregard for human life is a Class C felony. This bill provides that recklessly causing great bodily harm to a pregnant fe male and causing great bodily harm to or the death of her fetus is a Class C felony.

The maximum penalties for persons convicted of the crime classifications men tioned are: - See PDF for table

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB571, s. 1 Section 1. 767.11 (8) (b) 2. of the statutes is amended to read:

SB571,2,3 767.11 (8) (b) 2. Interspousal battery as described under s. 940.19 or 940.20 (7) or (8) or domestic abuse as defined in s. 813.12 (1) (a).

SB571, s. 2 Section 2. 767.11 (10) (e) 2. of the statutes is amended to read:

SB571,2,6 767.11 (10) (e) 2. There is evidence of interspousal battery as described under s. 940.19 or 940.20 (7) or (8) or domestic abuse as defined in s. 813.12 (1) (a).

SB571, s. 3 Section 3. 767.24 (2) (b) 2. c. of the statutes is amended to read:

SB571,2,17 767.24 (2) (b) 2. c. The parties will be able to cooperate in the future decision making required under an award of joint legal custody. In making this finding the court shall consider, along with any other pertinent items, any reasons offered by a party objecting to joint legal custody. Evidence that either party engaged in abuse of the child as defined in s. 48.981 (1) (a) and (b) or 813.122 (1) (a) or evidence of inter spousal battery as described under s. 940.19 or 940.20 (7) or (8) or domestic abuse as defined in s. 813.12 (1) (a) creates a rebuttable presumption that the parties will not be able to cooperate in the future decision making required. This presumption may be rebutted by clear and convincing evidence that the abuse will not interfere with the parties' ability to cooperate in the future decision making required.

SB571, s. 4 Section 4. 767.24 (5) (i) of the statutes is amended to read:

SB571,2,20 767.24 (5) (i) Whether there is evidence of interspousal battery as described under s. 940.19 or 940.20 (7) or (8) or domestic abuse as defined in s. 813.12 (1) (a).

SB571, s. 5 Section 5. 939.48 (3) of the statutes is amended to read:

SB571,3,8 939.48 (3) The privilege of self-defense extends not only to the intentional in fliction of harm upon a real or apparent wrongdoer, but also to the unintended inflic tion of harm upon a 3rd person, except that if the unintended infliction of harm amounts to the crime of first-degree or 2nd-degree reckless homicide, homicide by negligent handling of dangerous weapon, explosives or fire, first-degree or 2nd-de gree reckless injury, reckless injury resulting in fetal death or injury or injury by neg ligent handling of dangerous weapon, explosives or fire, the actor is liable for which ever one of those crimes is committed.

SB571, s. 6 Section 6. 940.20 (7) of the statutes is created to read:

SB571,3,13 940.20 (7) Battery to a person resulting in fetal injury. Whoever intentional ly causes bodily harm to a person who he or she knows or has reason to know is preg nant, resulting in great bodily harm to the fetus that that person is carrying, without the consent of the injured person, is guilty of a Class D felony.

SB571, s. 7 Section 7. 940.20 (8) of the statutes is created to read:

SB571,3,18 940.20 (8) Battery to a person resulting in fetal death. Whoever intentional ly causes bodily harm to a person who he or she knows or has reason to know is preg nant, resulting in the death of the fetus that that person is carrying, without the con sent of the injured person, is guilty of a Class B felony.

SB571, s. 8 Section 8. 940.235 of the statutes is created to read:

SB571,3,23 940.235 Reckless injury resulting in fetal death or injury. Whoever reck lessly causes great bodily harm to a person who he or she knows or has reason to know is pregnant, resulting in great bodily harm to or death of the fetus that that person is carrying, is guilty of a Class C felony.

SB571, s. 9 Section 9. 971.37 (1m) (a) 2. of the statutes is amended to read:

SB571,4,7 971.37 (1m) (a) 2. An adult accused of or charged with a criminal violation of s. 940.19, 940.20 (3), (7) or (8), 940.225, 940.23, 940.235, 940.285, 940.30, 940.42, 940.43, 940.44, 940.45, 940.48, 941.20, 941.30, 943.01, 943.14, 943.15, 946.49, 947.01 or 947.012 and the conduct constituting the violation involved an act by the adult person against his or her spouse or former spouse, against an adult with whom the adult person resides or formerly resided or against an adult with whom the adult per son has created a child.

SB571, s. 10 Section 10. 973.055 (1) (a) 1. of the statutes is amended to read:

SB571,4,14 973.055 (1) (a) 1. The court convicts the person of a violation of a crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.19, 940.20 (3), (7) or (8), 940.21, 940.225, 940.23, 940.235, 940.285, 940.30, 940.305, 940.31, 940.42, 940.43, 940.44, 940.45, 940.48, 941.20, 941.30, 943.01, 943.14, 943.15, 946.49, 947.01 or 947.012 or of a municipal ordinance conforming to s. 941.20, 941.30, 943.01, 943.14, 943.15, 946.49, 947.01 or 947.012; and

SB571, s. 11 Section 11. Initial applicability.

SB571,4,17 (1)  This act first applies to offenses committed on the effective date of this sub section.

SB571,4,18 (End)