Amendment ASA1-AB192

LRBs0162/1

PJH:kjf:md

2009 - 2010 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2009 ASSEMBLY BILL 192

October 15, 2009 - Offered by Committee on Criminal Justice.

AB192-ASA1,1,5 An Act to repeal 940.20 (2), 940.20 (2m), 940.20 (4), 940.20 (5), 940.20 (6), 940.20 (7), 940.205, 940.207 and 940.208; to amend 48.685 (5) (bm) 4., 115.31 (2g), 118.19 (4) (a), 938.183 (1) (a), 938.183 (1m) (c) 1. and 938.183 (1m) (c) 2.; and to create 940.209 of the statutes; relating to: battery to a person working in his or her official capacity and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB192-ASA1, s. 1 Section 1. 48.685 (5) (bm) 4. of the statutes is amended to read:

AB192-ASA1,1,12 48.685 (5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.203, 940.205, 2007 stats., 940.207, 2007 stats., or 940.25, a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2) (am) 5., 6., or 7., or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2) (am).

AB192-ASA1, s. 2 Section 2. 115.31 (2g) of the statutes is amended to read:

AB192-ASA1,2,7 115.31 (2g) Notwithstanding subch. II of ch. 111, the state superintendent shall revoke a license granted by the state superintendent, without a hearing, if the licensee is convicted of any Class A, B, C, or D felony under ch. 940 or 948, except ss. 940.08 and 940.205, for a violation that occurs on or after September 12, 1991, or any Class E, F, G, or H felony under ch. 940 or 948, except ss. s. 940.08 and s. 940.205, 2007 stats., for a violation that occurs on or after February 1, 2003.

AB192-ASA1, s. 3 Section 3. 118.19 (4) (a) of the statutes is amended to read:

AB192-ASA1,2,17 118.19 (4) (a) Notwithstanding subch. II of ch. 111, the state superintendent may not grant a license, for 6 years following the date of the conviction, to any person who has been convicted of any Class A, B, C, or D felony under ch. 940 or 948, except ss. 940.08 and 940.205 or of an equivalent crime in another state or country, for a violation that occurs on or after September 12, 1991, or any Class E, F, G, or H felony under ch. 940 or 948, except ss. s. 940.08 and s. 940.205, 2007 stats., for a violation that occurs on or after February 1, 2003. The state superintendent may grant the license only if the person establishes by clear and convincing evidence that he or she is entitled to the license.

AB192-ASA1, s. 4 Section 4. 938.183 (1) (a) of the statutes is amended to read:

AB192-ASA1,2,23 938.183 (1) (a) A juvenile who has been adjudicated delinquent and who is alleged to have violated s. 940.20 (1) or 946.43 while placed in a juvenile correctional facility, a juvenile detention facility, or a secured residential care center for children and youth or who has been adjudicated delinquent and who is alleged to have committed a violation of s. 940.20 (2m), 2007 stats.

AB192-ASA1, s. 5 Section 5. 938.183 (1m) (c) 1. of the statutes is amended to read:

AB192-ASA1,3,8 938.183 (1m) (c) 1. Except as provided in subd. 3., the court of criminal jurisdiction finds that the juvenile has committed a lesser offense or a joined offense that is not a violation of s. 940.20 (1) or (2m) s. 940.20 (2m), 2007 stats., or 946.43 under the circumstances described in sub. (1) (a), that is not an attempt to violate s. 940.01 under the circumstances described in sub. (1) (am), that is not a violation of s. 940.02 or 940.05 under the circumstances described in sub. (1) (am), and that is not an offense for which the court assigned to exercise jurisdiction under this chapter and ch. 48 may waive its jurisdiction over the juvenile under s. 938.18.

AB192-ASA1, s. 6 Section 6. 938.183 (1m) (c) 2. of the statutes is amended to read:

AB192-ASA1,3,21 938.183 (1m) (c) 2. Except as provided in subd. 3., the court of criminal jurisdiction finds that the juvenile has committed a lesser offense or a joined offense that is a violation of s. 940.20 (1) or (2m) s. 940.20 (2m), 2007 stats., or 946.43 under the circumstances described in sub. (1) (a), that is an attempt to violate s. 940.01 under the circumstances described in sub. (1) (am), that is a violation of s. 940.02 or 940.05 under the circumstances described in sub. (1) (am), or that is an offense for which the court assigned to exercise jurisdiction under this chapter and ch. 48 may waive its jurisdiction over the juvenile under s. 938.18 and the court of criminal jurisdiction, after considering the criteria specified in s. 938.18 (5), determines that the juvenile has proved by clear and convincing evidence that it would be in the best interests of the juvenile and of the public to adjudge the juvenile to be delinquent and impose a disposition specified in s. 938.34.

AB192-ASA1, s. 7 Section 7. 940.20 (2) of the statutes is repealed.

AB192-ASA1, s. 8 Section 8. 940.20 (2m) of the statutes is repealed.

AB192-ASA1, s. 9 Section 9. 940.20 (4) of the statutes is repealed.

AB192-ASA1, s. 10 Section 10. 940.20 (5) of the statutes is repealed.

AB192-ASA1, s. 11 Section 11. 940.20 (6) of the statutes is repealed.

AB192-ASA1, s. 12 Section 12. 940.20 (7) of the statutes is repealed.

AB192-ASA1, s. 13 Section 13. 940.205 of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

AB192-ASA1, s. 14 Section 14. 940.207 of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

AB192-ASA1, s. 15 Section 15. 940.208 of the statutes is repealed.

AB192-ASA1, s. 16 Section 16. 940.209 of the statutes is created to read:

AB192-ASA1,4,12 940.209 Battery to persons acting in official capacity. Except as provided in s. 940.203, whoever intentionally causes bodily harm to a worker or employee when the worker or employee is acting in an official capacity is guilty of a Class I felony.

AB192-ASA1,4,13 (End)