AB221: Bill Text

AB221,7,3 939.75 Death or harm to an unborn child. (1) In this section and ss. 939.24 (1), 939.25 (1), 940.01 (1) (b), 940.02 (1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e), (1b) and (1g) (c) and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2) and 940.25 (1) (c) to (e) and (1b), "unborn child" means any individual of the human species from fertilization until birth.

AB221,7,8 (2) (a) In this subsection, "induced abortion" means the use of any instrument, medicine, drug or other substance or device in a medical procedure with the intent to terminate the pregnancy of a woman and with an intent other than to increase the probability of a live birth, to preserve the life or health of the infant after live birth or to remove a dead fetus.

AB221,7,11 (b) Sections 940.01 (1) (b), 940.02 (1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e) and (1g) (c) and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2) and 940.25 (1) (c) to (e) do not apply to any of the following:

AB221,7,13 1. An act committed during an induced abortion. This subdivision does not limit the applicability of ss. 940.04, 940.13 and 940.15 to an induced abortion.

AB221,7,16 2. An act that is committed in accordance with the usual and customary standards of medical practice during diagnostic testing or therapeutic treatment performed by, or under the supervision of, a physician licensed under ch. 448.

AB221,7,21 2h. An act by any health care provider, as defined in s. 155.01 (7), that is in accordance with a pregnant woman's power of attorney for health care instrument under ch. 155 or in accordance with a decision of a health care agent who is acting under a pregnant woman's power of attorney for health care instrument under ch. 155.

AB221,7,24 3. An act by a woman who is pregnant with an unborn child that results in the death of or great bodily harm, substantial bodily harm or bodily harm to that unborn child.

AB221,8,3 4. The prescription, dispensation or administration by any person lawfully authorized to do so and the use by a woman of any medicine, drug or device that is used as a method of birth control or is intended to prevent pregnancy.

AB221,8,9 (3) When the existence of an exception under sub. (2) has been placed in issue by the trial evidence, the state must prove beyond a reasonable doubt that the facts constituting the exception do not exist in order to sustain a finding of guilt under s. 940.01 (1) (b), 940.02 (1m), 940.05 (2g), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e) or (1g) (c) or (d), 940.10 (2), 940.195, 940.23 (1) (b) or (2) (b), 940.24 (2) or 940.25 (1) (c) to (e).

AB221, s. 13 Section 13. 940.01 (1) (title) of the statutes is amended to read:

AB221,8,11 940.01 (1) (title) Offense Offenses.

AB221, s. 14 Section 14. 940.01 (1) of the statutes is renumbered 940.01 (1) (a).

AB221, s. 15 Section 15. 940.01 (1) (b) of the statutes is created to read:

AB221,8,16 940.01 (1) (b) Except as provided in sub. (2), whoever causes the death of an unborn child with intent to kill that unborn child, kill the woman who is pregnant with that unborn child or kill another is guilty of a Class A felony.

AB221, s. 16 Section 16. 940.02 (1m) of the statutes is created to read:

AB221,8,20 940.02 (1m) Whoever recklessly causes the death of 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 B felony.

AB221, s. 17 Section 17. 940.05 (2) of the statutes is amended to read:

AB221,8,24 940.05 (2) In prosecutions under this section sub. (1), it is sufficient to allege and prove that the defendant caused the death of another human being with intent to kill that person or another.

AB221, s. 18 Section 18. 940.05 (2g) of the statutes is created to read:

AB221,9,3 940.05 (2g) Whoever causes the death of an unborn child with intent to kill that unborn child, kill the woman who is pregnant with that unborn child or kill another is guilty of a Class B felony if:

AB221,9,6 (a) In prosecutions under s. 940.01, the state fails to prove beyond a reasonable doubt that the mitigating circumstances specified in s. 940.01 (2) did not exist as required by s. 940.01 (3); or

AB221,9,9 (b) The state concedes that it is unable to prove beyond a reasonable doubt that the mitigating circumstances specified in s. 940.01 (2) did not exist. By charging under this section, the state so concedes.

AB221, s. 19 Section 19. 940.05 (2h) of the statutes is created to read:

AB221,9,13 940.05 (2h) In prosecutions under sub. (2g), it is sufficient to allege and prove that the defendant caused the death of an unborn child with intent to kill that unborn child, kill the woman who is pregnant with that unborn child or kill another.

AB221, s. 20 Section 20. 940.06 of the statutes is renumbered 940.06 (1).

AB221, s. 21 Section 21. 940.06 (2) of the statutes is created to read:

AB221,9,17 940.06 (2) Whoever recklessly causes the death of an unborn child is guilty of a Class C felony.

AB221, s. 22 Section 22. 940.08 of the statutes is renumbered 940.08 (1).

AB221, s. 23 Section 23. 940.08 (2) of the statutes is created to read:

AB221,9,22 940.08 (2) Whoever causes the death of an unborn child by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class D felony.

AB221, s. 24 Section 24. 940.09 (1) (c) to (e) of the statutes are created to read:

AB221,9,25 940.09 (1) (c) Causes the death of an unborn child by the operation or handling of a vehicle while under the influence of an intoxicant.

AB221,10,3 (d) Causes the death of an unborn child by the operation or handling of a vehicle while the person has a prohibited alcohol concentration, as defined in s. 340.01 (46m).

AB221,10,6 (e) Causes the death of an unborn child by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1.

AB221, s. 25 Section 25. 940.09 (1b) of the statutes is amended to read:

AB221,10,11 940.09 (1b) If there was a minor passenger under 16 years of age or an unborn child in the motor vehicle at the time of the violation that gave rise to the conviction under sub. (1), any applicable maximum fine or imprisonment specified for the conviction is doubled.

AB221, s. 26 Section 26. 940.09 (1d) of the statutes is amended to read:

AB221,10,18 940.09 (1d) If the person who committed an offense under sub. (1) (a) or, (b), (c) or (d) has 2 or more prior convictions, suspensions or revocations in a 10-year period, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be followed regarding the immobilization or seizure and forfeiture of a motor vehicle owned by the person who committed the offense or the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB221, s. 27 Section 27. 940.09 (1g) (c) and (d) of the statutes are created to read:

AB221,10,21 940.09 (1g) (c) Causes the death of an unborn child by the operation or handling of a firearm or airgun while under the influence of an intoxicant.

AB221,10,23 (d) Causes the death of an unborn child by the operation or handling of a firearm or airgun while the person has an alcohol concentration of 0.1 or more.

AB221, s. 28 Section 28. 940.09 (1m) of the statutes is amended to read:

AB221,11,15 940.09 (1m) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of sub. (1) (a) or (b) or both or of, sub. (1) (a) or (bm) or both or of, sub. (1) (c) or (d) or both, sub. (1) (c) or (e) or both, sub. (1g) (a) or (b) or both or sub. (1g) (c) or (d) or both for acts arising out of the same incident or occurrence. If the person is charged with violating both sub. (1) (a) and (b) or, both sub. (1) (a) and (bm) or, both sub. (1) (c) and (d), both sub. (1) (c) and (e), both sub. (1g) (a) and (b) or both sub. (1g) (c) and (d) in the information, the crimes shall be joined under s. 971.12. If the person is found guilty of both sub. (1) (a) and (b) or of, both sub. (1) (a) and (bm) or of, both sub. (1) (c) and (d), both sub. (1) (c) and (e), both sub. (1g) (a) and (b) or both sub. (1g) (c) and (d) for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (b) and, (bm), (c), (d) and (e), and sub. (1g) (a) and, (b), (c) and (d), each require proof of a fact for conviction which the other does not require.

AB221, s. 29 Section 29. 940.09 (2) of the statutes is amended to read:

AB221,11,21 940.09 (2) The defendant has a defense if he or she proves by a preponderance of the evidence that the death would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have an alcohol concentration described under sub. (1) (b) or, (bm), (d) or (e) or (1g) (b) or (d).

AB221, s. 30 Section 30. 940.10 of the statutes is renumbered 940.10 (1).

AB221, s. 31 Section 31. 940.10 (2) of the statutes is created to read:

AB221,11,25 940.10 (2) Whoever causes the death of an unborn child by the negligent operation or handling of a vehicle is guilty of a Class E felony.

AB221, s. 32 Section 32. 940.195 of the statutes is created to read:

AB221,12,6 940.195 Battery to an unborn child; substantial battery to an unborn child; aggravated battery to an unborn child. (1) Whoever causes 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 A misdemeanor.

AB221,12,9 (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 felony.

AB221,12,12 (3) Whoever causes substantial bodily harm to an unborn child by an act done with intent to cause substantial bodily harm to that unborn child, to the woman who is pregnant with that unborn child or another is guilty of a Class D felony.

AB221,12,15 (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 felony.

AB221,12,19 (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 felony.

AB221,12,21 (6) Whoever intentionally causes bodily harm to an unborn child by conduct that creates a substantial risk of great bodily harm is guilty of a Class D felony.

AB221, s. 33 Section 33. 940.23 (1) of the statutes is renumbered 940.23 (1) (a).

AB221, s. 34 Section 34. 940.23 (1) (b) of the statutes is created to read:

AB221,13,3 940.23 (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 felony.

AB221, s. 35 Section 35. 940.23 (2) of the statutes is renumbered 940.23 (2) (a).

AB221, s. 36 Section 36. 940.23 (2) (b) of the statutes is created to read:

AB221,13,7 940.23 (2) (b) Whoever recklessly causes great bodily harm to an unborn child is guilty of a Class D felony.

AB221, s. 37 Section 37. 940.24 of the statutes is renumbered 940.24 (1).

AB221, s. 38 Section 38. 940.24 (2) of the statutes is created to read:

AB221,13,12 940.24 (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 felony.

AB221, s. 39 Section 39. 940.25 (1) (c) to (e) of the statutes are created to read:

AB221,13,15 940.25 (1) (c) Causes great bodily harm to an unborn child by the operation of a vehicle while under the influence of an intoxicant.

AB221,13,18 (d) Causes great bodily harm to an unborn child by the operation of a vehicle while the person has a prohibited alcohol concentration, as defined in s. 340.01 (46m).

AB221,13,21 (e) Causes great bodily harm to an unborn child by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1.

AB221, s. 40 Section 40. 940.25 (1b) of the statutes is amended to read:

AB221,14,2 940.25 (1b) If there was a minor passenger under 16 years of age or an unborn child in the motor vehicle at the time of the violation that gave rise to the conviction under sub. (1), any applicable maximum fine or imprisonment specified for the conviction is doubled.

AB221, s. 41 Section 41. 940.25 (1d) of the statutes is amended to read:

AB221,14,9 940.25 (1d) If the person who committed the offense under sub. (1) (a) or, (b), (c) or (d) has 2 or more prior convictions, suspensions or revocations in a 10-year period, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be followed regarding the immobilization or seizure and forfeiture of a motor vehicle owned by the person who committed the offense or the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB221, s. 42 Section 42. 940.25 (1m) of the statutes is amended to read:

AB221,14,23 940.25 (1m) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of sub. (1) (a) or (b) or both or of, sub. (1) (a) or (bm) or both, sub. (1) (c) or (d) or both or sub. (1) (c) or (e) or both for acts arising out of the same incident or occurrence. If the person is charged with violating both sub. (1) (a) and (b) or, both sub. (1) (a) and (bm), both sub. (1) (c) and (d) or both sub. (1) (c) and (e) in the information, the crimes shall be joined under s. 971.12. If the person is found guilty of both sub. (1) (a) and (b) or of, both sub. (1) (a) and (bm), both sub. (1) (c) and (d) or both sub. (1) (c) and (e) for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (b) and, (bm), (c), (d) and (e) each require proof of a fact for conviction which the other does not require.

AB221, s. 43 Section 43. 940.25 (2) of the statutes is amended to read:

AB221,15,5 940.25 (2) The defendant has a defense if he or she proves by a preponderance of the evidence that the great bodily harm would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have an alcohol concentration described under sub. (1) (b), or (bm), (d) or (e).

AB221, s. 44 Section 44. 941.38 (1) (b) 4. of the statutes is amended to read:

AB221,15,8 941.38 (1) (b) 4. Battery, substantial battery or aggravated battery, as prohibited in s. 940.19 or 940.195.

AB221, s. 45 Section 45. 969.035 (1) of the statutes is amended to read:

AB221,15,12 969.035 (1) In this section, "violent crime" means any crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.10, 940.19 (5), 940.195 (5), 940.21, 940.225 (1), 940.23, 941.327, 948.02 (1) or (2), 948.025 or 948.03.

AB221, s. 46 Section 46. 969.08 (10) (b) of the statutes is amended to read:

AB221,15,20 969.08 (10) (b) "Serious crime" means any crime specified in s. 346.62 (4), 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.20, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07 or 948.30.

AB221, s. 47 Section 47. 973.0135 (1) (b) 2. of the statutes is amended to read:

AB221,16,2 973.0135 (1) (b) 2. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1), 940.19 (5), 940.195 (5), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 946.43, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, 948.30 (2), 948.35 (1) (b) or (c) or 948.36.

AB221, s. 48 Section 48. 980.01 (6) (b) of the statutes is amended to read:

AB221,16,6 980.01 (6) (b) Any crime specified in s. 940.01, 940.02, 940.05, 940.06, 940.19 (4) or (5), 940.195 (4) or (5), 940.30, 940.305, 940.31 or 943.10 that is determined, in a proceeding under s. 980.05 (3) (b), to have been sexually motivated.

AB221, s. 49 Section 49. Initial applicability.

AB221,16,9 (1) This act first applies to offenses occurring on the effective date of this subsection.

AB221,16,10 (End)