February 4, 1999 - Introduced by Representatives Freese, Montgomery, Ryba,
Albers, Ladwig, Musser, Nass, Pettis, Porter, Urban, Vrakas
and J. Lehman,
cosponsored by Senators Schultz, Darling, Fitzgerald and Roessler.
Referred to Committee on Criminal Justice.
AB97,1,4 1An Act to renumber and amend 940.20 (5) (b); to amend 940.20 (5) (title),
2940.20 (5) (a) (intro.), 940.20 (5) (a) 1. and 940.20 (5) (a) 2.; and to create 940.20
3(5) (a) 1m., 940.20 (5) (a) 3. and 940.20 (5) (a) 4. of the statutes; relating to:
4battery to school officers and employes and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person is guilty of a type of special circumstances battery
if, without the consent of the person harmed, he or she intentionally causes bodily
harm to a technical college district or school district officer or employe who is acting
in that capacity and if he or she knows or has reason to know that the victim is a
technical college district or school district officer or employe. A person convicted of
this type of special circumstances battery may be fined not more than $10,000 or
imprisoned for not more than two years or both, if the offense occurs before December
31, 1999, or may be fined not more than $10,000 or imprisoned for not more than five
years or both, if the offense occurs on or after December 31, 1999.
This bill expands the class of victims covered by this type of special
circumstances battery. Specifically, the bill provides that, in addition to technical
college district and school district officers and employes, this special circumstances
battery applies to battery against officers and employes of any of the following: 1)
a private school; 2) a nonprofit or public educational institution awarding associate
and other higher degrees; and 3) a state school for the visually handicapped or
hearing impaired. A person could be convicted of this special circumstances battery
under the bill only if: 1) he or she intentionally causes bodily harm to a school officer

or employe without the consent of the person harmed; 2) he or she knows or has
reason to know that the victim is a school officer or employe; and 3) the act causing
the bodily harm is done either while the school officer or employe is acting in an
official capacity or in response to an action taken in an official capacity by the school
officer or employe.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB97, s. 1 1Section 1. 940.20 (5) (title) of the statutes is amended to read:
AB97,2,32 940.20 (5) (title) Battery to technical college district or school district
3officers and employes.
AB97, s. 2 4Section 2. 940.20 (5) (a) (intro.) of the statutes is amended to read:
AB97,2,65 940.20 (5) (a) (intro.) In this subsection, "school officer or employe" means an
6officer or employe of any of the following
:
AB97, s. 3 7Section 3. 940.20 (5) (a) 1. of the statutes is amended to read:
AB97,2,98 940.20 (5) (a) 1. "School district" has the meaning given A school district, as
9defined
in s. 115.01 (3).
AB97, s. 4 10Section 4. 940.20 (5) (a) 1m. of the statutes is created to read:
AB97,2,1111 940.20 (5) (a) 1m. A private school, as defined in s. 115.001 (3r).
AB97, s. 5 12Section 5. 940.20 (5) (a) 2. of the statutes is amended to read:
AB97,2,1413 940.20 (5) (a) 2. "Technical college district" means a A technical college district
14established under ch. 38.
AB97, s. 6 15Section 6. 940.20 (5) (a) 3. of the statutes is created to read:
AB97,2,1916 940.20 (5) (a) 3. A nonprofit or public educational institution that provides an
17educational program for which it awards an associate or higher degree and that
18admits as regular students only individuals having a high school diploma or its
19equivalent.
AB97, s. 7
1Section 7. 940.20 (5) (a) 4. of the statutes is created to read:
AB97,3,32 940.20 (5) (a) 4. A state school for the visually handicapped or hearing impaired
3under s. 115.52 (2).
AB97, s. 8 4Section 8. 940.20 (5) (b) of the statutes is renumbered 940.20 (5) (b) (intro.)
5and amended to read:
AB97,3,86 940.20 (5) (b) (intro.) Whoever intentionally causes bodily harm to a technical
7college district or
school district officer or employe under all of the following
8circumstances is guilty of a Class E felony:
AB97,3,11 91. The school officer or employe is acting in that an official capacity, and the
10person
at the time of the act, or the act is in response to any action taken by the school
11officer or employe in an official capacity.
AB97,3,13 122. At the time of the act, the actor knows or has reason to know that the victim
13is a technical college district or school district officer or employe, without the.
AB97,3,15 143. There is no consent of by the person so injured, is guilty of a Class E felony
15harmed.
AB97, s. 9 16Section 9. Initial applicability.
AB97,3,1817 (1)  This act applies to offenses occurring on or after the effective date of this
18subsection.
AB97,3,1919 (End)
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