AB314: Bill Text

AB314,332 Section 332. 939.24 (1) of the statutes is amended to read:

AB314,154,18 939.24 (1) In this section, “criminal recklessness” means that the actor creates an unreasonable and substantial risk of death or great bodily harm to another human being and the actor is aware of that risk, except that for purposes of ss. 940.02 (1m), 940.06 (2) and 940.23 (1) (b) and (2) (b), “criminal recklessness” means that the actor creates an unreasonable and substantial risk of death or great bodily harm to an unborn child, to the woman person who is pregnant with that unborn child, or to another and the actor is aware of that risk.

AB314,333 Section 333. 939.25 (1) of the statutes is amended to read:

AB314,155,4 939.25 (1) In this section, “criminal negligence” means ordinary negligence to a high degree, consisting of conduct that the actor should realize creates a substantial and unreasonable risk of death or great bodily harm to another, except that for purposes of ss. 940.08 (2), 940.10 (2) and 940.24 (2), “criminal negligence” means ordinary negligence to a high degree, consisting of conduct that the actor should realize creates a substantial and unreasonable risk of death or great bodily harm to an unborn child, to the woman person who is pregnant with that unborn child, or to another.

AB314,334 Section 334. 940.01 (1) (b) of the statutes is amended to read:

AB314,155,8 940.01 (1) (b) Except as provided in sub. (2), whoever causes the death of an unborn child with intent to kill that unborn child, kill the woman person who is pregnant with that unborn child, or kill another is guilty of a Class A felony.

AB314,335 Section 335. 940.02 (1m) of the statutes is amended to read:

AB314,155,13 940.02 (1m) Whoever recklessly causes the death of an unborn child under circumstances that show utter disregard for the life of that unborn child, the woman person who is pregnant with that unborn child, or another is guilty of a Class B felony.

AB314,336 Section 336. 940.05 (2g) (intro.) of the statutes is amended to read:

AB314,155,17 940.05 (2g) (intro.) Whoever causes the death of an unborn child with intent to kill that unborn child, kill the woman person who is pregnant with that unborn child or kill another is guilty of a Class B felony if:

AB314,337 Section 337. 940.05 (2h) of the statutes is amended to read:

AB314,155,22 940.05 (2h) In prosecutions under sub. (2g), it is sufficient to allege and prove that the defendant caused the death of an unborn child with intent to kill that unborn child, kill the woman person who is pregnant with that unborn child, or kill another.

AB314,338 Section 338. 940.195 (1) of the statutes is amended to read:

AB314,156,3 940.195 (1) Whoever causes bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman person who is pregnant with that unborn child, or another is guilty of a Class A misdemeanor.

AB314,339 Section 339. 940.195 (2) of the statutes is amended to read:

AB314,156,7 940.195 (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 person who is pregnant with that unborn child, or another is guilty of a Class I felony.

AB314,340 Section 340. 940.195 (4) of the statutes is amended to read:

AB314,156,11 940.195 (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 person who is pregnant with that unborn child, or another is guilty of a Class H felony.

AB314,341 Section 341. 940.195 (5) of the statutes is amended to read:

AB314,156,16 940.195 (5) Whoever causes great bodily harm to an unborn child by an act done with intent to cause great bodily harm to that unborn child, to the woman person who is pregnant with that unborn child, or another is guilty of a Class E felony.

AB314,342 Section 342. 940.23 (1) (b) of the statutes is amended to read:

AB314,156,21 940.23 (1) (b) Whoever recklessly causes great bodily harm to an unborn child under circumstances that show utter disregard for the life of that unborn child, the woman person who is pregnant with that unborn child, or another is guilty of a Class D felony.

AB314,343 Section 343. 943.20 (2) (c) of the statutes is amended to read:

AB314,157,2 943.20 (2) (c) “Property of another” includes property in which the actor is a co-owner and property of a partnership of which the actor is a member, unless the actor and the victim are husband and wife married to each other.

AB314,344 Section 344. 943.201 (1) (b) 8. of the statutes is amended to read:

AB314,157,5 943.201 (1) (b) 8. The maiden name surname of an individual’s mother parent before marriage if the surname was changed as a result of marriage.

AB314,345 Section 345. 943.205 (2) (b) of the statutes is amended to read:

AB314,157,9 943.205 (2) (b) “Owner” includes a co-owner of the person charged and a partnership of which the person charged is a member, unless the person charged and the victim are husband and wife married to each other.

AB314,346 Section 346. 944.17 (3) of the statutes is amended to read:

AB314,157,12 944.17 (3) Subsection (2) does not apply to a mother’s breast-feeding person’s breastfeeding of her that person’s child.

AB314,347 Section 347. 944.20 (2) of the statutes is amended to read:

AB314,157,15 944.20 (2) Subsection (1) does not apply to a mother’s breast-feeding person’s breastfeeding of her that person’s child.

AB314,348 Section 348. 948.10 (2) (b) of the statutes is amended to read:

AB314,157,18 948.10 (2) (b) A mother’s breast-feeding person’s breastfeeding of her that person’s child.

AB314,349 Section 349. 948.31 (2) of the statutes is amended to read:

AB314,158,4 948.31 (2) Whoever causes a child to leave, takes a child away or withholds a child for more than 12 hours from the child’s parents or, in the case of a nonmarital child whose parents do not subsequently intermarry under s. 767.803, from the child’s mother or, if he has been granted legal custody, the child’s father a parent with legal custody of the child, without the consent of the parents, the mother or the father or the parent with legal custody, is guilty of a Class I felony. This subsection is not applicable if legal custody has been granted by court order to the person taking or withholding the child.

AB314,350 Section 350. 990.01 (19j) (b) of the statutes is amended to read:

AB314,158,12 990.01 (19j) (b) “Live birth” means the complete expulsion or extraction from his or her mother an individual, of a human being, at any stage of development, who, after the expulsion or extraction, breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, a cesarean section, or an abortion, as defined in s. 253.10 (2) (a).

AB314,351 Section 351. 990.01 (22h) of the statutes is created to read:

AB314,158,16 990.01 (22h) Natural parent. “Natural parent” means a parent of a child who is not an adoptive parent, whether the parent is biologically related to the child or not.

AB314,352 Section 352. 990.01 (39) of the statutes is created to read:

AB314,158,19 990.01 (39) Spouses. “Spouses” means 2 individuals of the same sex or different sexes who are legally married to each other.

AB314,353 Section 353. 990.01 (40m) of the statutes is created to read:

AB314,158,22 990.01 (40m) Stepparent. “Stepparent” means a person who is the spouse of a child’s parent and who is not also a parent of the child.

AB314,354 Section 354. Nonstatutory provisions.

AB314,159,1 (1) Terminology changes.

AB314,160,13 (a) In the statutes indicated, replace “paternity” with “parentage”: ss. 13.63 (1) (b), 13.64 (2), 29.024 (2g) (d) 1., 29.229 (5m) (c), 45.01 (4), 46.03 (7) (bm), 48.235 (4) (a) 7m. and (4m) (a) 7m., 48.299 (6) (a), (d), and (e) 5., 48.355 (4g) (a) (intro.) and (d) 1., 48.396 (2) (dm), 48.40 (1r), 48.42 (2) (b) (intro.) and (bm) (intro.) and (4) (b) 2., 48.422 (6) (c), 48.423 (title), 48.46 (1m), 48.48 (11), 48.715 (6), 48.837 (4) (e), 48.91 (2), 49.141 (1) (i) 2., 49.145 (2) (f) 1. a., 49.19 (4) (h) 1. a., 49.22 (title), (1), (7), and (7g) (a), 49.463 (3) (title) and (b) 1. b. and 2. (intro.) and b. and (6), 49.48 (3), 49.79 (6q) (title) and (b) 1. b. and 2. (intro.) and b. and (6u) (title) and (a) 1., 49.83, 49.855 (6), 49.857 (1) (f), 49.90 (2r) and (11), 59.40 (2) (p), 59.53 (5) (title) and (a), 69.15 (3) (d) and (3m) (a) (intro.), 93.135 (3), 102.17 (1) (cm), 103.275 (2) (bm), 103.34 (10) (b), 103.91 (4) (b), 103.92 (6), 104.07 (5), 105.13 (2), 115.315, 118.19 (1r) (b), 138.09 (3) (am) 3. and (4) (b), 138.12 (4) (b) 6. and (5) (am) 1. c. and 2., 138.14 (5) (b) 3. and (9) (b), 165.85 (3) (cm) 8. and (3m) (a), 169.34 (3) (a), 170.12 (8) (b) 1. c. and 2., 202.021 (4) (a) 7., 202.06 (2) (e), 218.0116 (1g) (a) and (1m) (a) 3. and (b), 218.02 (3) (e), (6) (b), and (9) (a) 2., 218.04 (4) (am) 3. and (5) (am), 218.05 (4) (c) 3., (11) (c), and (12) (am), 218.11 (6m) (a), 218.12 (3m) (a), 218.22 (3m) (a), 218.32 (3m) (a), 218.41 (3m) (a), 218.51 (4m) (a), 224.72 (7m) (c), 224.725 (6) (c), 224.77 (2m) (c), 224.95 (1) (c), 250.041 (3), 256.17 (3), 299.08 (2), 341.51 (4m) (a), 343.345, 343.66 (2), 440.13 (2) (a) and (b), 551.412 (4g) (a) 3. and (b), 562.05 (5) (a) 9. and (8) (d), 563.28 (1), 628.097 (1m), 628.10 (2) (c), 632.69 (2) (d) 1. and (4) (c), 633.14 (2m) (a), 633.15 (2) (c), 751.15 (3), 757.675 (2) (g), 757.69 (1) (p) 3., 767.001 (1) (L), 767.01 (2), 767.041 (1) (b), 767.205 (2) (a) (intro.) and 1. and (b) 2., 767.215 (5) (am), 767.35 (6) and (7), 767.401 (1) (b) and (2) (a) and (b), 767.407 (1) (c) (intro.) and (d) and (4), 767.41 (1) (b) and (1m) (intro.), 767.511 (1) (intro.), 767.513 (2), 767.521 (intro.), 767.77 (1), 767.80 (title) and (1) (intro.), 767.805 (title), (1), (1m), (2) (a), (3) (title) and (a), (4) (intro.), (5) (a), and (6) (a) (intro.), (b), and (c), 767.814, 767.815 (intro.), 767.82 (title), (1) (a), (2), (5), (6), and (8), 767.83 (2) and (3), 767.84 (title), 767.853 (intro.), (1) (intro.), (2), and (3) (a), 767.863 (1) and (3), 767.865 (2), 767.87 (title), (1) (intro.) and (f), (2m), (4) (a), and (8), 767.88 (title), (1), and (2) (intro.), 767.89 (title), (1), (3) (intro.) and (a), (3m) (a) and (b), and (4) (a) 1. c., 769.316 (10), 769.401 (2) (b) and (f), 803.01 (3) (b) 1., 814.61 (1) (c) 1. and (7) (c), 818.02 (6), 818.05, 822.02 (4), 852.05 (4), 885.06 (1) and (2), 885.10, 891.39 (1) (b), 893.88, 895.01 (1) (am) 1., 895.4803, 905.04 (4) (g), 938.235 (4) (a) 7m., 938.299 (6) (a), (d), and (e) 5., 938.355 (4g) (a) (intro.) and (d) 1., 938.396 (2g) (g), 948.22 (7) (b) 2. and (bm), 948.31 (1) (a) 1., 977.05 (4) (i) 7., and 977.08 (2) (h).

AB314,160,19 (b) In the statutes indicated, replace “father,” “fathers,” or “father’s” with “parent,” “parents,” or “parent’s”: ss. 48.025 (5) (a) (intro.), 48.42 (2) (b) 3. and (bm) 2., (2m) (a), and (4) (b) 3., 48.422 (6) (b), 48.432 (1) (am) 2. a., 48.837 (4) (e), 48.91 (2), 48.913 (1) (h), (4), and (7), 49.90 (11), 767.83 (2m), 767.84 (1) (b) 3. and (1m), 767.893 (2) (a) and (b) (intro.), (2m) (c), and (3) (intro.), 769.201 (1m) (gm), and 769.401 (2) (c), (d), and (e).

AB314,162,2 (c) In the statutes indicated, replace “mother,” “mothers,” or “mother’s” with “parent,” “parents,” or “parent’s”: ss. 48.01 (1) (a), (am), (ap), (bm), (br), and (h), 48.02 (1) (am) and (17m), 48.06 (1) (a) 3., 48.067 (1), (2), (3), (4), and (8), 48.069 (1) (a) and (c), 48.07 (4), 48.08 (1) and (3), 48.133, 48.135 (title), (1), and (2), 48.14 (5), 48.15, 48.185 (1) (a) and (b), subch. IV (title) of ch. 48, 48.19 (1) (d) 8., 48.193 (title), (1) (intro.) and (d) 1., 2., and 3., and (2), 48.20 (4m), 48.203 (title), (1), (2), (3), (6) (b) and (c), and (7), 48.205 (title) and (2), 48.207 (title), (1m) (intro.), (a), (c), (d), and (e), and (2) (b), 48.21 (3) (title), (ag), and (b) and (7), 48.213 (title), (1) (a), (2), (3), (4), (4m), and (5), 48.217 (title), (1) (a), (b) 1. b., and (c) 3., (2) (a), and (2m) (a) and (b) 2., 48.23 (2m) (title), (a), and (c) and (4) (b), 48.235 (3) (b) 1. and (4m) (a) 3m., 48.24 (1m), (2) (a), (2m) (a) 6., and (5), 48.243 (1) (intro.), (3), and (4), 48.245 (1) (c) and (2) (a) 1., 2., 3., and 4. and (c), 48.25 (1), 48.255 (1m) (intro.), (b), (bm), (c), and (e), 48.263 (1), 48.27 (1), (3) (a) 1., (4) (b) 1., and (8), 48.275 (1) and (2) (a), (b), (c), and (cg) (intro.), 48.29 (1), 48.293 (2), 48.295 (1c), (1g), (2), and (3), 48.297 (4) and (5), 48.299 (1) (b) and (4) (b), 48.30 (1), (3), (6) (a), (7), and (8) (a) and (c), 48.305, 48.31 (2), (4), and (7) (a), 48.315 (1) (a) and (f), 48.32 (1) (am), (2) (a) and (c), (3), (5) (intro.), and (6), 48.33 (1) (a), (b), (c), (d), and (f), 48.345 (3) (cm), 48.347 (1), (2), (3) (intro.) and (a), (4) (a), and (5) (a) and (b), 48.35 (1) (b) (intro.) and 1., 48.355 (2) (a), (b) 1., 1m., and 7., and (d), (2m), (5), and (7), 48.356 (2), 48.357 (title), (1) (a) and (am) 1. b. and 2. c., (2) (a) 1. and (b) 1. and 2., and (2m) (a) 1. and (b) 2., 48.36 (2), 48.361 (2) (b) 1m. and (c), 48.362 (4) (a) and (c), 48.363 (1) (a) and (b), 48.365 (1m), (2), (2g) (a), (2m) (b), and (5) (a), 48.375 (2) (c), 48.396 (1), (1b), (1d), (2) (aj) and (ap), and (5) (b), (c), and (e), 48.415 (2) (a) 2. a. and b., 48.45 (1) (am) and (b) and (1r), 48.46 (1), 48.48 (1) and (17) (a) 1., 2., and 3., 48.52 (title), (1m) (intro) and (c), and (2) (a), 48.547 (1) and (3) (intro.), 48.57 (1) (a), (b), (c), and (g), 48.59 (1) and (2), 48.625 (1m), 48.63 (5) (b), 48.647 (1) (ag) (intro.), 48.78 (2) (aj) and (ap), 48.981 (3) (b) 2m., (bm) (intro.) and 2., (c) 2m. a. and b., 3., 5., 6m., and 7., and (d) 1., (4) (a) 4., and (7) (a) 3m., 4., and 5., and 938.34 (3) (cm).

AB314,162,20 (2) Legislative intent. The legislature intends this act to harmonize the language of the Wisconsin statutes relating to marriage and the determination of parentage with the provision of s. 990.001 (2), which specifies that words importing one gender extend and may be applied to any gender. The legislature intends that by amending the statutes relating to marriage and the determination of parentage with respect to married couples to use gender-neutral language where appropriate so as to clarify that the same statutory rights and responsibilities apply between married persons of the same sex as between married persons of different sexes and to extend some of the presumptions of parentage to either parent, the Wisconsin statutes will be better aligned with the holding of the U.S. Supreme Court in Obergefell v. Hodges, 135 S. Ct. 2584, 192 L. Ed. 2d 609 (2015), which recognizes that same-sex couples have a fundamental constitutional right to marriage. To the extent language remains in Wisconsin law referring to one gender after the effective date of this subsection, the rule of construction regarding gender under s. 990.001 (2) remains applicable, and it is not the intent of the legislature, except to the extent necessary to conform to the requirements of federal law, to narrow to one gender the construction of any provision for which an application to any gender would be appropriate.

AB314,162,21 (end)