SB237: Bill Text

SB237, s. 245 Section 245. 939.50 (3) (h) of the statutes is created to read:

SB237,91,2 939.50 (3) (h) For a Class H felony, a fine not to exceed $10,000 or imprisonment not to exceed 6 years, or both.

SB237, s. 246 Section 246. 939.50 (3) (i) of the statutes is created to read:

SB237,91,5 939.50 (3) (i) For a Class I felony, a fine not to exceed $10,000 or imprisonment not to exceed 3 years and 6 months, or both.

SB237, s. 247 Section 247. 939.615 (7) (b) 2. of the statutes is amended to read:

SB237,91,8 939.615 (7) (b) 2. Whoever violates par. (a) is guilty of a Class E I felony if the same conduct that violates par. (a) also constitutes a crime that is a felony.

SB237, s. 248 Section 248. 939.615 (7) (c) of the statutes is repealed.

SB237, s. 249 Section 249. 939.62 (1) (a) of the statutes is amended to read:

SB237,91,12 939.62 (1) (a) A maximum term of imprisonment of one year or less may be increased to not more than 3 2 years.

SB237, s. 250 Section 250. 939.62 (1) (b) of the statutes is amended to read:

SB237,91,17 939.62 (1) (b) A maximum term of imprisonment of more than one year but not more than 10 years may be increased by not more than 2 years if the prior convictions were for misdemeanors and by not more than 6 4 years if the prior conviction was for a felony.

SB237, s. 251 Section 251. 939.62 (1) (c) of the statutes is amended to read:

SB237,91,21 939.62 (1) (c) A maximum term of imprisonment of more than 10 years may be increased by not more than 2 years if the prior convictions were for misdemeanors and by not more than 10 6 years if the prior conviction was for a felony.

SB237, s. 252 Section 252. 939.62 (2m) (a) 2m. a. of the statutes is amended to read:

SB237,91,25 939.62 (2m) (a) 2m. a. Any felony under s. 961.41 (1), (1m) or (1x) if the felony is that is a Class A, B or C felony or, if the felony was committed before December 31, 1999, that was punishable by a maximum prison term of 30 years or more.

SB237, s. 253 Section 253. 939.62 (2m) (a) 2m. b. of the statutes is amended to read:

SB237,92,7 939.62 (2m) (a) 2m. b. Any felony under s. 940.09 (1), 1997 stats., s. 943.23 (1m) or (1r), 1997 stats., s. 948.35 (1) (b) or (c), 1997 stats., or s. 948.36, 1997 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.16, 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, or 948.30 (2), 948.35 (1) (b) or (c) or 948.36.

SB237, s. 254 Section 254. 939.622 of the statutes is repealed.

SB237, s. 255 Section 255. 939.623 of the statutes is repealed.

SB237, s. 256 Section 256. 939.624 of the statutes is repealed.

SB237, s. 257 Section 257. 939.625 of the statutes is repealed.

SB237, s. 258 Section 258. 939.63 (1) of the statutes is renumbered 939.63, and 939.63 (1) (d), (2) and (3), as renumbered, are amended to read:

SB237,92,15 939.63 (1) (d) The maximum term of imprisonment for a felony not specified in subd. 2. or 3. par (b) or (c) may be increased by not more than 3 years.

SB237,92,18 (2) The increased penalty provided in this subsection section does not apply if possessing, using or threatening to use a dangerous weapon is an essential element of the crime charged.

SB237,92,20 (3) This subsection section applies only to crimes specified under chs. 939 to 951 and 961.

SB237, s. 259 Section 259. 939.63 (2) of the statutes is repealed.

SB237, s. 260 Section 260. 939.632 (1) (e) 1. of the statutes is amended to read:

SB237,93,2 939.632 (1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1) (1c), 940.19 (2), (3), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.305, 940.31, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.055, 948.07, 948.08, or 948.30 (2), 948.35 (1) (b) or (c) or 948.36.

SB237, s. 261 Section 261. 939.632 (2) of the statutes is amended to read:

SB237,93,5 939.632 (2) If a person commits a violent crime in a school zone, the maximum period term of imprisonment is increased as follows:

SB237,93,7 (a) If the violent crime is a felony, the maximum period term of imprisonment is increased by 5 years.

SB237,93,10 (b) If the violent crime is a misdemeanor, the maximum period term of imprisonment is increased by 3 months and the place of imprisonment is the county jail.

SB237, s. 262 Section 262. 939.635 of the statutes is repealed.

SB237, s. 263 Section 263. 939.64 of the statutes is repealed.

SB237, s. 264 Section 264. 939.641 of the statutes is repealed.

SB237, s. 265 Section 265. 939.645 (2) of the statutes is amended to read:

SB237,93,18 939.645 (2) (a) If the crime committed under sub. (1) is ordinarily a misdemeanor other than a Class A misdemeanor, the revised maximum fine is $10,000 and the revised maximum period term of imprisonment is one year in the county jail.

SB237,93,22 (b) If the crime committed under sub. (1) is ordinarily a Class A misdemeanor, the penalty increase under this section changes the status of the crime to a felony and the revised maximum fine is $10,000 and the revised maximum period term of imprisonment is 2 years.

SB237,94,2 (c) If the crime committed under sub. (1) is a felony, the maximum fine prescribed by law for the crime may be increased by not more than $5,000 and the maximum period term of imprisonment prescribed by law for the crime may be increased by not more than 5 years.

SB237, s. 266 Section 266. 939.646 of the statutes is repealed.

SB237, s. 267 Section 267. 939.647 of the statutes is repealed.

SB237, s. 268 Section 268. 939.648 of the statutes is repealed.

SB237, s. 269 Section 269. 939.72 (1) of the statutes is amended to read:

SB237,94,8 939.72 (1) Section 939.30, 948.35 or 948.36 for solicitation and s. 939.05 as a party to a crime which is the objective of the solicitation; or

SB237, s. 270 Section 270. 939.75 (1) of the statutes is amended to read:

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: