SB121: Bill Text

SB121,13 Section 13. 940.198 (2), (3) and (4) of the statutes are renumbered 940.66 (2), (3) and (4).

Note: This Section renumbers the nondefinitional sections of the renamed crime of “Battery to an elder person,” from s. 940.198 (2) to (4), stats., to s. 940.66 (2) to (4), stats.

SB121,14 Section 14. 940.20 (title) of the statutes is repealed.

Note: This Section repeals the title, “Battery: special circumstances,” of the section of the statutes that presently lists several, but not all, special circumstance batteries. This bill recodifies the various batteries within this statute in the new subchapter created by the bill.

SB121,15 Section 15. 940.20 (1) of the statutes is renumbered 940.61 (2) (a) and amended to read:

SB121,6,3 940.61 (2) (a) Battery by prisoners. Any The person who causes the bodily harm is a prisoner confined to a state prison, a jail, or any other state, county, or municipal detention facility who and intentionally causes the bodily harm or a soft tissue injury, as defined in s. 946.41 (2) (c), to an officer, employee, visitor, or another inmate of such prison or institution, without his or her consent, is guilty of a Class H felony.

SB121,16 Section 16. 940.20 (1g) of the statutes is renumbered 940.61 (2) (b) and amended to read:

SB121,6,10 940.61 (2) (b) Battery by certain detained or committed persons. Any The person who causes the bodily harm is placed in a facility under s. 980.04 or 980.065 and who intentionally causes the bodily harm to an officer, employee, agent, visitor, or other resident of the facility, without his or her consent, is guilty of a Class H felony.

Note: Sections 15 and 16 codify the crimes of “Battery by prisoners” and “Battery by certain detained or committed persons” into one subsection. Section 15 also adds the term “jail” to the list of places where a prisoner who causes bodily harm to an officer, employee, visitor, or another inmate may be subject to a Class H felony. In placing the two crimes in one subsection, the language that is common between the two crimes (“without his or her consent, is guilty of a Class H felony”) is deleted and moved to the introductory clause preceding these 2 crimes, created by Section 85 of the bill.

SB121,17 Section 17. 940.20 (1m) (title) of the statutes is renumbered 940.61 (1) (title).

SB121,18 Section 18. 940.20 (1m) (a) and (b) of the statutes are consolidated, renumbered 940.61 (1) and amended to read:

SB121,7,3 940.61 (1) Any A person who causes bodily harm to another by an act done with intent to cause bodily harm to that person or another without the consent of the person so harmed is guilty of a Class I felony if the person who causes the bodily harm is subject to an injunction under s. 813.12 or 813.125 or a tribal injunction filed under s. 813.128 (3g) and who intentionally causes bodily harm to the petitioner who sought the injunction by an act done without the consent of the petitioner is guilty of a Class I felony. (b) Any person who is subject to an injunction under s. 813.125 and who intentionally causes the bodily harm to the petitioner who sought the injunction by an act done without the consent of the petitioner is guilty of a Class I felony.

Note: Sections 17 and 18 renumber and amend the crime of “Battery by persons subject to certain injunctions” (domestic abuse injunction, harassment injunction, or tribal injunction) to use the same grammatical style as the other recodified battery statutes.

SB121,19 Section 19. 940.20 (2) of the statutes is renumbered 940.62 (2) (d) and amended to read:

SB121,7,11 940.62 (2) (d) Battery to fire fighters firefighters and commission wardens. Whoever intentionally The person causes the bodily harm to a fire fighter, as defined in s. 102.475 (8) (b), firefighter or to a commission warden, acting in an official capacity and, who the person knows or has reason to know that the victim is a fire fighter firefighter or commission warden, by an act done without the consent of the person so injured, is guilty of a Class H felony.

Note: Section 19 renumbers and amends the crime of “Battery to fire fighters and commission wardens.” In doing so, the spelling of “fire fighter” is replaced with “firefighter.” The cross-reference to the definition of “firefighter” is deleted and instead codified in the definition section at the beginning of the new subchapter created by the bill.

SB121,20 Section 20. 940.20 (2m) (title) of the statutes is renumbered 940.62 (2) (b) (title) and amended to read:

SB121,7,15 940.62 (2) (b) (title) Battery to probation, extended supervision and, or parole agents, community supervision agents, and aftercare agents or their family members.

SB121,21 Section 21. 940.20 (2m) (a) (intro.) of the statutes is repealed.

SB121,22 Section 22. 940.20 (2m) (a) 1. of the statutes is renumbered 940.51 (2).

SB121,23 Section 23. 940.20 (2m) (a) 1m. of the statutes is renumbered 940.51 (4).

SB121,24 Section 24. 940.20 (2m) (a) 1o. of the statutes is renumbered 940.51 (9).

SB121,25 Section 25. 940.20 (2m) (a) 1p. of the statutes is renumbered 940.51 (10) and amended to read:

SB121,8,4 940.51 (10) “Family member” means a spouse, child, stepchild, foster child, parent, legal guardian, sibling, grandparent, or grandchild.

SB121,26 Section 26. 940.20 (2m) (a) 2. of the statutes is renumbered 940.51 (17) and amended to read:

SB121,8,12 940.51 (17) “Probation, extended supervision, and or parole agent” means any person authorized by the department of corrections to exercise control over a probationer, parolee, or person on extended supervision or authorized by a federally recognized American Indian tribe or band to exercise control over a probationer, parolee, or person on extended supervision or a comparable program that is authorized by the tribe or band.

SB121,27 Section 27. 940.20 (2m) (b) (intro.), 1. and 2. of the statutes are renumbered 940.62 (2) (b) (intro.), 1. and 2. and amended to read:

SB121,8,19 940.62 (2) (b) (intro.) Whoever intentionally The person causes the bodily harm or threatens to cause bodily harm to the person or family member of a probation, extended supervision, and or parole agent, a community supervision agent, or an aftercare agent under all of the following circumstances is guilty of a Class H felony:

SB121,8,23 1. At the time of the act or threat, the actor person knows or has reason to know that the victim is a probation, extended supervision, and or parole agent, a community supervision agent, or an aftercare agent, or a member of the agent’s family.

SB121,9,2 2. The act or threat is in response to any action taken by the agent acting in an official capacity.

Note: Sections 20 to 27 renumber and amend the crime of “Battery to probation, extended supervision and parole agents, community supervision agents, and aftercare agents.” The amendments are found in Sections 20, 25, and 27.

Section 20 retitles the crime to “Battery to probation, extended supervision, or parole agents, community supervision agents, and aftercare agents or their family members” so that the title is grammatically correct and reflects the fact that a battery to one of the specified agent’s family members is also a Class H felony.

Section 25 expands the definition of “family member” for purposes of this crime of battery to also include the “legal guardian” or “grandparent” of a probation, extended supervision, or parole agent, community supervision agent, or aftercare agent.

Because this crime of battery is renumbered to be listed with other batteries “to certain persons,” Section 27 deletes the phrases that are included in the introductory clause created in Section 86 of the bill. Section 27 also deletes references of “threats to commit a battery” because this is recreated in Section 92 of the bill.

SB121,28 Section 28. 940.20 (2m) (b) 3. of the statutes is repealed.

Note: Sections 20 to 28 renumber and amend the crime of “battery to probation, extended supervision and parole agents, community supervision agents, and aftercare agents.” The amendments are found in Sections 20, 25 and 27.

Section 20 retitles the crime to “Battery to probation, extended supervision, or parole agents, community supervision agents, and aftercare agents or their family members” so that 1) the title is grammatically correct; and 2) reflects the fact that a battery to one of the specified agent’s family members is also subject to a Class H felony.

Section 21 deletes the introductory phrase for the words defined in that section; Sections 22 to 24 move the definitions of “aftercare agent,” community supervision agent,” and “exercise control” to the definitions section of the new subchapter created by the bill.

Section 25 expands the definition of who is considered a “family member” for purposes of this crime of battery to also include the “legal guardian” or “grandparent” of a probation, extended supervision, or parole agent, community supervision agent, or aftercare agent.

Section 26 makes a grammatical correction and moves the definition of “probation, extended supervision, and parole agent” to the definitions section of the new subchapter created by the bill.

Section 27 deletes the phrases relating to the penalty and the consent of the victim and moves them to the introductory clause created in Section 86 of the bill. Section 27 also deletes references of “threats to commit a battery” because this provision is recreated in Section 92 of the bill.

Section 28 repeals language relating to whether the victim of a battery gave consent to the battery because that element is recreated in the introductory language created in Section 86 of the bill.

SB121,29 Section 29. 940.20 (3) of the statutes is repealed.

Note: Section 29 repeals the crime of “battery to jurors” because its provisions are recreated in Section 86 of the bill in a subsection entitled “battery to certain individuals involved with a court or legal system,” which includes battery to jurors.

SB121,30 Section 30. 940.20 (4) of the statutes is renumbered 940.62 (1) (a) and amended to read:

SB121,10,6 940.62 (1) (a) Battery to public officers. Whoever intentionally The person causes the bodily harm to a public officer in order to influence the action of such officer or as a result of any action taken within an official capacity, without the consent of the person injured, is guilty of a Class I felony.

Note: Section 30 renumbers and amends the crime of “Battery to public officers” to be closer to other batteries committed “to certain persons.” Additionally, Section 30 deletes the phrases relating to the penalty, the consent of the victim, and the intent of the actor and moves them to the introductory clause created in Section 86 of the bill.

SB121,31 Section 31. 940.20 (4m) (title) of the statutes, as created by 2023 Wisconsin Act 126, is renumbered 940.62 (1) (c) (title).

SB121,32 Section 32. 940.20 (4m) (a) (intro.) of the statutes, as created by 2023 Wisconsin Act 126, is repealed.

SB121,33 Section 33. 940.20 (4m) (a) 1. of the statutes, as created by 2023 Wisconsin Act 126, is renumbered 940.51 (5).

SB121,34 Section 34. 940.20 (4m) (a) 2. of the statutes, as created by 2023 Wisconsin Act 126, is renumbered 940.51 (7).

SB121,35 Section 35. 940.20 (4m) (a) 3. of the statutes, as created by 2023 Wisconsin Act 126, is renumbered 940.51 (8).

SB121,36 Section 36. 940.20 (4m) (a) 4. of the statutes, as created by 2023 Wisconsin Act 126, is renumbered 940.51 (16).

SB121,37 Section 37. 940.20 (4m) (b) of the statutes, as created by 2023 Wisconsin Act 126, is renumbered 940.62 (1) (c) and amended to read:

SB121,11,6 940.62 (1) (c) Whoever intentionally The person causes the bodily harm to an election official, election registration official, county clerk, or municipal clerk who is acting in his or her official capacity is guilty of a Class I felony if the person knows or has reason to know that the victim is an election official, election registration official, county clerk, or municipal clerk and the victim does not consent to the harm.

Note: Sections 31 to 37 renumber and amend the crime of “Battery to election officials, election registration officials, or clerks.” Section 31 renumbers the title so that this battery is moved closer to other Class I felonies committed against certain persons.

Section 32 deletes the introductory phrase for the words defined in that section; Sections 32 to 36 move the definitions of “county clerk,” “election official,” “election registration official,” and “municipal clerk” to the definitions section of the new subchapter created by the bill.

Section 37 deletes the phrases relating to the penalty, the consent of the victim, and the intent of the actor and moves them to the introductory clause created in Section 86 of the bill.

SB121,38 Section 38. 940.20 (5) (title) of the statutes is renumbered 940.62 (1) (d) (title).

SB121,39 Section 39. 940.20 (5) (a) (intro.) of the statutes is repealed.

SB121,40 Section 40. 940.20 (5) (a) 1. of the statutes is renumbered 940.51 (20).

SB121,41 Section 41. 940.20 (5) (a) 2. of the statutes is renumbered 940.51 (22).

SB121,42 Section 42. 940.20 (5) (b) of the statutes is renumbered 940.62 (1) (d) and amended to read:

SB121,11,18 940.62 (1) (d) Whoever intentionally The person causes the bodily harm to a technical college district or school district officer or employee acting in that capacity, and if the person knows or has reason to know that the victim is a technical college district or school district officer or employee, without the consent of the person so injured, is guilty of a Class I felony.

Note: Sections 38 to 42 renumber and amend the crime of “Battery to technical college district or school district officers and employees.” Section 38 renumbers the title so that this battery is moved closer to other Class I felonies committed against certain persons.

Section 39 deletes the introductory phrase for the words defined in that section; Sections 40 and 41 move the definitions of “school district” and “technical college district” to the definitions section of the new subchapter created by the bill.

Section 42 deletes the phrases relating to the penalty, the consent of the victim, and the intent of the actor and moves them to the introductory clause created in SECTION 86 of the bill.

SB121,43 Section 43. 940.20 (6) (title) of the statutes is renumbered 940.62 (1) (e) (title).

SB121,44 Section 44. 940.20 (6) (a) of the statutes is renumbered 940.51 (19) and amended to read:

SB121,12,6 940.51 (19) In this subsection, “public “Public transit vehicle” means any vehicle used for providing transportation service to the general public.

SB121,45 Section 45. 940.20 (6) (b) of the statutes is renumbered 940.62 (1) (e) and amended to read:

SB121,12,10 940.62 (1) (e) Whoever intentionally The person causes the bodily harm to another under any of the following circumstances is guilty of a Class I felony:

SB121,12,12 1. The bodily harm occurs while the victim is an operator, a driver, or a passenger of, in or on, a public transit vehicle.

SB121,12,14 2. The bodily harm occurs after the offender forces or directs the victim to leave a public transit vehicle.

SB121,12,16 3. The bodily harm occurs as the offender prevents, or attempts to prevent, the victim from gaining lawful access to a public transit vehicle.

Note: Sections 43 to 45 renumber and amend the crime of “Battery to public transit vehicle operator, driver or passenger.” Section 43 renumbers the title so that this battery is moved closer to other Class I felonies committed against certain persons.

Section 44 deletes the introductory phrase and moves the definition of “public transit vehicle” to the definitions section of the new subchapter created by the bill.

Section 45 deletes the phrases relating to the penalty and the intent of the actor and moves them to the introductory clause created in Section 86 of the bill.

SB121,46 Section 46. 940.201 (title) of the statutes is repealed.

SB121,47 Section 47. 940.201 (1) (intro.) of the statutes is repealed.

SB121,48 Section 48. 940.201 (1) (a) of the statutes is repealed.

SB121,49 Section 49. 940.201 (1) (b) of the statutes is renumbered 940.51 (23).

SB121,50 Section 50. 940.201 (2) of the statutes is repealed.

Note: Sections 46 to 50 renumber and amend the crime of “Battery or threat to witnesses.” Section 46 repeals the title of that section, and Section 50 repeals the crime of causing or threatening to cause bodily harm to a witness or a family member of a witness.

Provisions relating to battery to a witness are recreated in Section 86 of the bill in a subsection entitled “Battery to certain individuals involved with a court or legal system,” which includes battery to witnesses or their family members. Provisions relating to threatening to cause bodily harm to witnesses or their family members are recreated in Section 92 of the bill.

Sections 47 to 49 repeal an introductory clause relating to definitions, repeal the definition of “family member” because that phrase is recreated and expanded in Section 25 of the bill, and move the definition of “witness” to the definitions section of the new subchapter created by the bill.

SB121,51 Section 51. 940.203 (title) of the statutes is repealed.

SB121,52 Section 52. 940.203 (1) (intro.) of the statutes is repealed.

SB121,53 Section 53. 940.203 (1) (ab) of the statutes is renumbered 940.51 (1).