SB237: Bill Text

SB237,94,14 939.75 (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 that is gestating inside a woman.

SB237, s. 271 Section 271. 940.02 (2) (intro.) of the statutes is amended to read:

SB237,94,17 940.02 (2) (intro.) Whoever causes the death of another human being under any of the following circumstances is guilty of a Class B C felony:

SB237, s. 272 Section 272. 940.03 of the statutes is amended to read:

SB237,94,23 940.03 Felony murder. Whoever causes the death of another human being while committing or attempting to commit a crime specified in s. 940.225 (1) or (2) (a), 943.02, 943.10 (2), 943.23 (1g) or 943.32 (2) may be imprisoned for not more than 20 15 years in excess of the maximum period term of imprisonment provided by law for that crime or attempt.

SB237, s. 273 Section 273. 940.04 (1) of the statutes is amended to read:

SB237,95,3 940.04 (1) Any person, other than the mother, who intentionally destroys the life of an unborn child may be fined not more than $5,000 or imprisoned not more than 3 years or both is guilty of a Class H felony.

SB237, s. 274 Section 274. 940.04 (2) (intro.) of the statutes is amended to read:

SB237,95,6 940.04 (2) (intro.) Any person, other than the mother, who does either of the following may be imprisoned not more than 15 years is guilty of a Class E felony:

SB237, s. 275 Section 275. 940.04 (4) of the statutes is amended to read:

SB237,95,10 940.04 (4) Any pregnant woman who intentionally destroys the life of her unborn quick child or who consents to such destruction by another may be imprisoned not more than 2 years is guilty of a Class I felony.

SB237, s. 276 Section 276. 940.06 (1) of the statutes is amended to read:

SB237,95,13 940.06 (1) Whoever recklessly causes the death of another human being is guilty of a Class C D felony.

SB237, s. 277 Section 277. 940.06 (2) of the statutes is amended to read:

SB237,95,16 940.06 (2) Whoever recklessly causes the death of an unborn child is guilty of a Class C D felony.

SB237, s. 278 Section 278. 940.07 of the statutes is amended to read:

SB237,95,22 940.07 Homicide resulting from negligent control of vicious animal. Whoever knowing the vicious propensities of any animal intentionally allows it to go at large or keeps it without ordinary care, if such animal, while so at large or not confined, kills any human being who has taken all the precautions which the circumstances may permit to avoid such animal, is guilty of a Class C G felony.

SB237, s. 279 Section 279. 940.08 (1) of the statutes is amended to read:

SB237,96,3 940.08 (1) Whoever causes the death of another human being by the negligent operation or handling of a dangerous weapon, explosives or fire is guilty of a Class D G felony.

SB237, s. 280 Section 280. 940.08 (2) of the statutes is amended to read:

SB237,96,7 940.08 (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 G felony.

SB237, s. 281 Section 281. 940.09 (1) (intro.) of the statutes is amended to read:

SB237,96,10 940.09 (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):

SB237, s. 282 Section 282. 940.09 (1b) of the statutes is repealed.

SB237, s. 283 Section 283. 940.09 (1c) of the statutes is created to read:

SB237,96,14 940.09 (1c) (a) Except as provided in par. (b), a person who violates sub. (1) is guilty of a Class D felony.

SB237,96,17 (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).

SB237, s. 284 Section 284. 940.10 (1) of the statutes is amended to read:

SB237,96,20 940.10 (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.

SB237, s. 285 Section 285. 940.10 (2) of the statutes is amended to read:

SB237,96,23 940.10 (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.

SB237, s. 286 Section 286. 940.11 (1) of the statutes is amended to read:

SB237,97,3 940.11 (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.

SB237, s. 287 Section 287. 940.11 (2) of the statutes is amended to read:

SB237,97,7 940.11 (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.

SB237, s. 288 Section 288. 940.12 of the statutes is amended to read:

SB237,97,10 940.12 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.

SB237, s. 289 Section 289. 940.15 (2) of the statutes is amended to read:

SB237,97,14 940.15 (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.

SB237, s. 290 Section 290. 940.15 (5) of the statutes is amended to read:

SB237,97,17 940.15 (5) Whoever intentionally performs an abortion and who is not a physician is guilty of a Class E I felony.

SB237, s. 291 Section 291. 940.15 (6) of the statutes is amended to read:

SB237,97,25 940.15 (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.

SB237, s. 292 Section 292. 940.19 (2) of the statutes is amended to read:

SB237,98,4 940.19 (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.

SB237, s. 293 Section 293. 940.19 (3) of the statutes is repealed.

SB237, s. 294 Section 294. 940.19 (4) of the statutes is amended to read:

SB237,98,8 940.19 (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.

SB237, s. 295 Section 295. 940.19 (5) of the statutes is amended to read:

SB237,98,12 940.19 (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.

SB237, s. 296 Section 296. 940.19 (6) (intro.) of the statutes is amended to read:

SB237,98,17 940.19 (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:

SB237, s. 297 Section 297. 940.195 (2) of the statutes is amended to read:

SB237,98,21 940.195 (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.

SB237, s. 298 Section 298. 940.195 (3) of the statutes is repealed.

SB237, s. 299 Section 299. 940.195 (4) of the statutes is amended to read:

SB237,99,3 940.195 (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.

SB237, s. 300 Section 300. 940.195 (5) of the statutes is amended to read:

SB237,99,8 940.195 (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.

SB237, s. 301 Section 301. 940.195 (6) of the statutes is repealed.

SB237, s. 302 Section 302. 940.20 (1) of the statutes is amended to read:

SB237,99,14 940.20 (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, employe, visitor or another inmate of such prison or institution, without his or her consent, is guilty of a Class D H felony.

SB237, s. 303 Section 303. 940.20 (1m) of the statutes is amended to read:

SB237,99,20 940.20 (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.

SB237,99,23 (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.

SB237, s. 304 Section 304. 940.20 (2) of the statutes is amended to read:

SB237,100,6 940.20 (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.

SB237, s. 305 Section 305. 940.20 (2m) (b) of the statutes is amended to read:

SB237,100,12 940.20 (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.

SB237, s. 306 Section 306. 940.20 (3) of the statutes is amended to read:

SB237,100,17 940.20 (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.

SB237, s. 307 Section 307. 940.20 (4) of the statutes is amended to read:

SB237,100,22 940.20 (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.

SB237, s. 308 Section 308. 940.20 (5) (b) of the statutes is amended to read:

SB237,101,3 940.20 (5) (b) Whoever intentionally causes bodily harm to a technical college district or school district officer or employe 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 employe, without the consent of the person so injured, is guilty of a Class E I felony.

SB237, s. 309 Section 309. 940.20 (6) (b) (intro.) of the statutes is amended to read:

SB237,101,6 940.20 (6) (b) (intro.) Whoever intentionally causes bodily harm to another under any of the following circumstances is guilty of a Class E I felony:

SB237, s. 310 Section 310. 940.20 (7) (b) of the statutes is amended to read:

SB237,101,13 940.20 (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.

SB237, s. 311 Section 311. 940.201 (2) (intro.) of the statutes is amended to read:

SB237,101,16 940.201 (2) (intro.) Whoever does any of the following is guilty of a Class D H felony:

SB237, s. 312 Section 312. 940.203 (2) (intro.) of the statutes is amended to read:

SB237,101,20 940.203 (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:

SB237, s. 313 Section 313. 940.205 (2) (intro.) of the statutes is amended to read:

SB237,101,25 940.205 (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, employe or agent under all of the following circumstances is guilty of a Class D H felony:

SB237, s. 314 Section 314. 940.207 (2) (intro.) of the statutes is amended to read:

SB237,102,5 940.207 (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, employe or agent under all of the following circumstances is guilty of a Class D H felony:

SB237, s. 315 Section 315. 940.21 of the statutes is amended to read:

SB237,102,9 940.21 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.