AB863,5,24 22(3) This section does not prohibit the use of the reports, statements, and records
23described in sub. (2) in any administrative proceeding conducted by a regulatory
24agency. This section does not apply to reports protected under s. 146.997.
AB863, s. 9 25Section 9. 940.08 (1) of the statutes is amended to read:
AB863,6,3
1940.08 (1) Whoever Except as provided in sub. (3), whoever causes the death
2of another human being by the negligent operation or handling of a dangerous
3weapon, explosives or fire is guilty of a Class G felony.
AB863, s. 10 4Section 10. 940.08 (3) of the statutes is created to read:
AB863,6,65 940.08 (3) Subsection (1) does not apply to a health care provider acting within
6the scope of his or her practice or employment.
AB863, s. 11 7Section 11. 940.24 (1) of the statutes is amended to read:
AB863,6,108 940.24 (1) Whoever Except as provided in sub. (3), whoever causes bodily harm
9to another by the negligent operation or handling of a dangerous weapon, explosives
10or fire is guilty of a Class I felony.
AB863, s. 12 11Section 12. 940.24 (3) of the statutes is created to read:
AB863,6,1312 940.24 (3) Subsection (1) does not apply to a health care provider acting within
13the scope of his or her practice or employment.
AB863, s. 13 14Section 13. 940.285 (2) (a) 3. of the statutes is repealed.
AB863, s. 14 15Section 14. 940.285 (2) (b) 1g. of the statutes is amended to read:
AB863,6,1816 940.285 (2) (b) 1g. Any person violating par. (a) 1. or 2. under circumstances
17that cause death is guilty of a Class C felony. Any person violating par. (a) 3. under
18circumstances that cause death is guilty of a Class D felony.
AB863, s. 15 19Section 15. 940.285 (2) (b) 1r. of the statutes is amended to read:
AB863,6,2320 940.285 (2) (b) 1r. Any person violating par. (a) 1. under circumstances that are
21likely to cause great bodily harm is guilty of a Class G felony. Any person violating
22par. (a) 2. or 3. under circumstances that are likely to cause great bodily harm is
23guilty of a Class I felony.
AB863, s. 16 24Section 16. 940.285 (2) (b) 4. of the statutes is amended to read:
AB863,7,2
1940.285 (2) (b) 4. Any person violating par. (a) 2. or 3. under circumstances that
2cause or are likely to cause bodily harm is guilty of a Class A misdemeanor.
AB863, s. 17 3Section 17. 940.285 (2) (b) 5. of the statutes is amended to read:
AB863,7,54 940.285 (2) (b) 5. Any person violating par. (a) 1. , or 2. or 3. under circumstances
5not causing and not likely to cause bodily harm is guilty of a Class B misdemeanor.
AB863, s. 18 6Section 18. 940.295 (1) (km) of the statutes is repealed.
AB863, s. 19 7Section 19. 940.295 (3) (a) 3. of the statutes is repealed.
AB863, s. 20 8Section 20. 940.295 (3) (b) 1g. of the statutes is amended to read:
AB863,7,129 940.295 (3) (b) 1g. Any person violating par. (a) 1. or 2. under circumstances
10that cause death to an individual at risk is guilty of a Class C felony. Any person
11violating par. (a) 3. under circumstances that cause death to an individual at risk is
12guilty of a Class D felony.
AB863, s. 21 13Section 21. 940.295 (3) (b) 3. of the statutes is amended to read:
AB863,7,1714 940.295 (3) (b) 3. Except as provided in subd. 1m., any person violating par. (a)
152. or 3. under circumstances that cause great bodily harm is guilty of a Class H felony.
16Any person violating par. (a) 2. or 3. under circumstances that are likely to cause
17great bodily harm is guilty of a Class I felony.
AB863, s. 22 18Section 22. 940.295 (3) (b) 4. of the statutes is amended to read:
AB863,7,2019 940.295 (3) (b) 4. Any person violating par. (a) 2. or 3. under circumstances that
20cause or are likely to cause bodily harm is guilty of a Class A misdemeanor.
AB863, s. 23 21Section 23. 940.295 (3) (b) 5. of the statutes is amended to read:
AB863,7,2322 940.295 (3) (b) 5. Any person violating par. (a) 1. , or 2. or 3. under circumstances
23not causing and not likely to cause bodily harm is guilty of a Class B misdemeanor.
AB863, s. 24 24Section 24. Initial applicability.
AB863,8,4
1(1) Crimes. The treatment of sections 940.08 (1) and (3), 940.24 (1) and (3),
2940.285 (2) (a) 3. and (b) 1g., 1r., 4., and 5., and 940.295 (1) (km) and (3) (a) 3. and
3(b) 1g., 3., 4., and 5. of the statutes first applies to acts or omissions committed on the
4effective date of this subsection.
AB863,8,75 (2) Disclosure and release of records or information. The treatment of
6section 146.38 (1m), (2), (3) (d) and (e), and (3m) of the statutes first applies to
7disclosures or releases occurring on the effective date of this subsection.
AB863,8,108 (3) Use of records or information. The treatment of section 146.38 (2) and
9(2m) of the statutes first applies to use of records or information on the effective date
10of this subsection.
AB863,8,1411 (4) Evidence. The treatment of section 904.16 of the statutes first applies to
12health care provider reports received, and statements of, or records of interviews
13with, employees of a health care provider obtained, on the effective date of this
14subsection.
AB863,8,1515 (End)
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