JR2 AB1: Bill Text

AB1, s. 560 Section 560. 939.615 (7) (b) 2. of the statutes is amended to read:

AB1,264,21 939.615 (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.

AB1, s. 561 Section 561. 939.615 (7) (c) of the statutes is repealed.

AB1, s. 562 Section 562. 939.62 (1) (a) of the statutes is amended to read:

AB1,264,25 939.62 (1) (a) A maximum term of imprisonment of one year or less may be increased to not more than 3 2 years.

AB1, s. 563 Section 563. 939.62 (1) (b) of the statutes is amended to read:

AB1,265,5 939.62 (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.

AB1, s. 564 Section 564. 939.62 (1) (c) of the statutes is amended to read:

AB1,265,9 939.62 (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.

AB1, s. 565 Section 565. 939.62 (2m) (a) 2m. a. of the statutes is amended to read:

AB1,265,14 939.62 (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 the effective date of this subd. 2m. a. .... [revisor inserts date], that is or was punishable by a maximum prison term of 30 years or more.

AB1, s. 566 Section 566. 939.62 (2m) (a) 2m. b. of the statutes is amended to read:

AB1,265,21 939.62 (2m) (a) 2m. b. Any felony under s. 940.09 (1), 1999 stats., s. 943.23 (1m) or (1r), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 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 (1m), 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.

AB1, s. 567 Section 567. 939.622 of the statutes is repealed.

AB1, s. 568 Section 568. 939.623 (2) of the statutes is amended to read:

AB1,266,5 939.623 (2) If a person has one or more prior convictions for a serious sex crime and subsequently commits a serious sex crime, the court shall impose a bifurcated sentence the person to under s. 973.01. The term of confinement in prison portion of a bifurcated sentence imposed under this subsection may not be less than 5 years' imprisonment 3 years and 6 months, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court shall may not place the defendant on probation.

AB1, s. 569 Section 569. 939.624 (2) of the statutes is amended to read:

AB1,266,14 939.624 (2) If a person has one or more prior convictions for a serious violent crime or a crime punishable by life imprisonment and subsequently commits a serious violent crime, the court shall impose a bifurcated sentence the person to under s. 973.01. The term of confinement in prison portion of a bifurcated sentence imposed under this subsection may not be less than 5 years' imprisonment 3 years and 6 months, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court shall may not place the defendant on probation.

AB1, s. 570 Section 570. 939.625 of the statutes is repealed.

AB1, s. 571 Section 571. 939.63 (1) of the statutes is renumbered 939.63, and 939.63 (1) (d), (2) and (3), as renumbered, are amended to read:

AB1,266,19 939.63 (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.

AB1,266,22 (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.

AB1,266,24 (3) This subsection section applies only to crimes specified under chs. 939 to 951 and 961.

AB1, s. 572 Section 572. 939.63 (2) of the statutes is repealed.

AB1, s. 573 Section 573. 939.632 (1) (e) 1. of the statutes is amended to read:

AB1,267,6 939.632 (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.

AB1, s. 574 Section 574. 939.632 (2) of the statutes is amended to read:

AB1,267,9 939.632 (2) If a person commits a violent crime in a school zone, the maximum period term of imprisonment is increased as follows:

AB1,267,11 (a) If the violent crime is a felony, the maximum period term of imprisonment is increased by 5 years.

AB1,267,14 (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.

AB1, s. 575 Section 575. 939.635 of the statutes is repealed.

AB1, s. 576 Section 576. 939.64 of the statutes is repealed.

AB1, s. 577 Section 577. 939.641 of the statutes is repealed.

AB1, s. 578 Section 578. 939.645 (2) of the statutes is amended to read:

AB1,267,22 939.645 (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.

AB1,268,2 (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.

AB1,268,6 (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.

AB1, s. 579 Section 579. 939.646 of the statutes is repealed.

AB1, s. 580 Section 580. 939.647 of the statutes is repealed.

AB1, s. 581 Section 581. 939.648 of the statutes is repealed.

AB1, s. 582 Section 582. 939.72 (1) of the statutes is amended to read:

AB1,268,12 939.72 (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

AB1, s. 583 Section 583. 939.75 (1) of the statutes is amended to read:

AB1,268,18 939.75 (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.

AB1, s. 584 Section 584. 940.02 (2) (intro.) of the statutes is amended to read:

AB1,268,21 940.02 (2) (intro.) Whoever causes the death of another human being under any of the following circumstances is guilty of a Class B C felony:

AB1, s. 585 Section 585. 940.03 of the statutes is amended to read:

AB1,269,2 940.03 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.

AB1, s. 586 Section 586. 940.04 (1) of the statutes is amended to read:

AB1,269,6 940.04 (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.

AB1, s. 587 Section 587. 940.04 (2) (intro.) of the statutes is amended to read:

AB1,269,9 940.04 (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:

AB1, s. 588 Section 588. 940.04 (4) of the statutes is amended to read:

AB1,269,13 940.04 (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.

AB1, s. 589 Section 589. 940.06 (1) of the statutes is amended to read:

AB1,269,16 940.06 (1) Whoever recklessly causes the death of another human being is guilty of a Class C D felony.

AB1, s. 590 Section 590. 940.06 (2) of the statutes is amended to read:

AB1,269,19 940.06 (2) Whoever recklessly causes the death of an unborn child is guilty of a Class C D felony.

AB1, s. 591 Section 591. 940.07 of the statutes is amended to read:

AB1,269,25 940.07 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.

AB1, s. 592 Section 592. 940.08 (1) of the statutes is amended to read:

AB1,270,4 940.08 (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.

AB1, s. 593 Section 593. 940.08 (2) of the statutes is amended to read:

AB1,270,8 940.08 (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.

AB1, s. 594 Section 594. 940.09 (1) (intro.) of the statutes is amended to read:

AB1,270,11 940.09 (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):

AB1, s. 595 Section 595. 940.09 (1b) of the statutes is repealed.

AB1, s. 596 Section 596. 940.09 (1c) of the statutes is created to read:

AB1,270,15 940.09 (1c) (a) Except as provided in par. (b), a person who violates sub. (1) is guilty of a Class D felony.

AB1,270,18 (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).

AB1, s. 597 Section 597. 940.10 (1) of the statutes is amended to read:

AB1,270,21 940.10 (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.

AB1, s. 598 Section 598. 940.10 (2) of the statutes is amended to read:

AB1,270,24 940.10 (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.

AB1, s. 599 Section 599. 940.11 (1) of the statutes is amended to read:

AB1,271,3 940.11 (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.

AB1, s. 600 Section 600. 940.11 (2) of the statutes is amended to read:

AB1,271,7 940.11 (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.

AB1, s. 601 Section 601. 940.12 of the statutes is amended to read:

AB1,271,10 940.12 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.

AB1, s. 602 Section 602. 940.15 (2) of the statutes is amended to read:

AB1,271,14 940.15 (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.

AB1, s. 603 Section 603. 940.15 (5) of the statutes is amended to read:

AB1,271,17 940.15 (5) Whoever intentionally performs an abortion and who is not a physician is guilty of a Class E I felony.

AB1, s. 604 Section 604. 940.15 (6) of the statutes is amended to read:

AB1,271,25 940.15 (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.

AB1, s. 605 Section 605. 940.19 (2) of the statutes is amended to read:

AB1,272,4 940.19 (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.

AB1, s. 606 Section 606. 940.19 (3) of the statutes is repealed.