1. The bodily harm occurs while the victim is an operator, a driver, or a passenger of, in or on, a public transit vehicle.
2. The bodily harm occurs after the offender forces or directs the victim to leave a public transit vehicle.
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.
24,46Section 46. 940.201 (title) of the statutes is repealed. 24,47Section 47. 940.201 (1) (intro.) of the statutes is repealed. 24,48Section 48. 940.201 (1) (a) of the statutes is repealed. 24,49Section 49. 940.201 (1) (b) of the statutes is renumbered 940.51 (23). 24,50Section 50. 940.201 (2) of the statutes is repealed.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.
24,51Section 51. 940.203 (title) of the statutes is repealed. 24,52Section 52. 940.203 (1) (intro.) of the statutes is repealed. 24,53Section 53. 940.203 (1) (ab) of the statutes is renumbered 940.51 (1). 24,54Section 54. 940.203 (1) (ac) of the statutes is renumbered 940.51 (3). 24,55Section 55. 940.203 (1) (am) of the statutes is repealed. 24,56Section 56. 940.203 (1) (b) of the statutes is renumbered 940.51 (14). 24,57Section 57. 940.203 (1) (c) of the statutes is renumbered 940.51 (15). 24,58Section 58. 940.203 (1) (d) of the statutes is renumbered 940.51 (18). 24,59Section 59. 940.203 (2) and (3) of the statutes are repealed. Note: Sections 51 to 59 repeal and renumber the crime of “Battery or threat to an officer of the court or law enforcement officer.”
Section 51 repeals the title of the statute; Section 59 repeals the statutory language that is substantially 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 officers of the court or law enforcement officers. Provisions relating to threatening to cause bodily harm to officers of the court, law enforcement officers, or their family members are recreated in Section 92 of the bill.
Sections 52 to 58 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 definitions of “advocate,” “attorney,” “judge,” “law enforcement officer,” and “prosecutor” to the definitions section of the new subchapter created by the bill.
24,60Section 60. 940.204 (title) of the statutes is renumbered 940.62 (2) (e) (title) and amended to read: 940.62 (2) (e) (title) Battery or threat to health care providers and staff or their family member.
24,61Section 61. 940.204 (1) (intro.) of the statutes is repealed. 24,62Section 62. 940.204 (1) (a) of the statutes is repealed. 24,63Section 63. 940.204 (1) (b) of the statutes is renumbered 940.51 (12). 24,64Section 64. 940.204 (1) (c) of the statutes is renumbered 940.51 (13). 24,65Section 65. 940.204 (2) (c) of the statutes is repealed. 24,66Section 66. 940.204 (3) (intro.) and (2) (intro.) of the statutes are consolidated, renumbered 940.62 (2) (e) (intro.) and amended to read: 940.62 (2) (e) (intro.) Whoever intentionally The person causes the bodily harm or threatens to cause bodily harm to a health care provider or to a family member of a health care provider under all of the following circumstances is guilty of a Class H felony: (2) (intro.) Whoever intentionally causes bodily harm or threatens to cause bodily harm, to a person who works in a health care facility, or to a family member of a health care provider or a person who works in a health care facility under all of the following circumstances is guilty of a Class H felony:
24,67Section 67. 940.204 (3) (a) and (2) (a) of the statutes are consolidated, renumbered 940.62 (2) (e) 1. and amended to read: 940.62 (2) (e) 1. At the time of the act or threat, the actor person knows or should have known that the victim is a health care provider or is a family member of a health care provider. (2) (a) At the time of the act or threat, the actor knows or should have known that the victim works or formerly worked in a health care facility or is a family member of the health care provider or person who works or formerly worked in a health care facility.
24,68Section 68. 940.204 (3) (b) and (2) (b) of the statutes are consolidated, renumbered 940.62 (2) (e) 2. and amended to read: 940.62 (2) (e) 2. The act or threat is in response to an action by the health care provider acting in his or her capacity as a health care provider. (2) (b) The act or threat is in response, to an action occurring at the health care facility, or to an action by an official, employee, or agent of the health care facility acting in his or her official capacity.
24,69Section 69. 940.204 (3) (c) of the statutes is repealed. 24,70Section 70. 940.204 (4) of the statutes is renumbered 165.25 (22) and amended to read: 165.25 (22) The department of justice shall post Post on its website model language that health care facilities may post at their entrances alerting persons to the penalties under this section ss. 940.62 (2) (e) and 947.016 (3).
Note: Sections 60 to 70 renumber and amend the crime of “Battery or threat to health care providers and staff.” Section 60 renumbers the title to be closer to other batteries committed “to certain persons” and deletes references of “threats to commit a battery” because threats are treated in Section 92 of the bill.
Sections 61 to 64 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 definitions of “health care facility” and “health care provider” to the definitions section of the new subchapter created by the bill.
Section 65 repeals language relating to whether the victim of a battery gave consent to the battery because that element is recreated in the introductory clause created in Section 86 of the bill.
Sections 66 and 67 renumber, consolidate, and amend the crime of battery to a health care provider, health care staff member, or their family members. In combining the 2 crimes into one subsection, superfluous language is deleted or moved to the introductory clause created in Section 86 of the bill.
Section 68 deletes language relating to “threats to commit a battery” because threats are treated in Section 92 of the bill.
Section 69 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.
Section 70 moves language requiring DOJ to post on its website model language relating to the penalties for causing bodily harm or threatening to cause bodily harm to a health care provider or staff to another statute that lists DOJ’s duties. See Section 1 of the bill, which is created for this model language to be placed.
24,71Section 71. 940.205 (title) and (1) of the statutes are repealed. 24,72Section 72. 940.205 (2) (intro.) and 940.207 (2) (intro.) of the statutes are consolidated, renumbered 940.62 (2) (c) (intro.) and amended to read: 940.62 (2) (c) (intro.) Whoever intentionally The person causes the bodily harm or threatens to cause bodily harm to the person or family member of any department of revenue official, employee or agent under all of the following circumstances is guilty of a Class H felony: 940.207 (2) (intro.) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any, department of safety and professional services, or department of workforce development official, employee, or agent under all of the following circumstances is guilty of a Class H felony:
24,73Section 73. 940.205 (2) (a) and (b) of the statutes are renumbered 940.62 (2) (c) 1. and 2. and amended to read: 940.62 (2) (c) 1. At the time of the act or threat, the actor person knows or should have known that the victim is a department of revenue official, employee, or agent or a member of his or her family.
2. The official, employee, or agent is acting in an official capacity at the time of the act or threat, or the act or threat is in response to any action taken in an official capacity.
24,74Section 74. 940.205 (2) (c) of the statutes is repealed. 24,75Section 75. 940.207 (title) and (1) of the statutes are repealed. 24,76Section 76. 940.207 (2) (a), (b) and (c) of the statutes are repealed. Note: Sections 71 to 76 renumber, consolidate, and amend the crimes of “Battery or threat to department of revenue employee” and “Battery or threat to department of safety and professional services or department of workforce development employee.”
Section 71 repeals the title of the crime of battery or threat to department of revenue employee because that crime is combined with the crime of battery or threat to department of safety and professional services or department of workforce development employee in Section 86 of the bill. The Section also repeals the definition of “family member” because that definition is recreated and expanded in Section 25 of the bill.
Section 72 consolidates, renumbers, and amends the introductory sections of the crimes of “Battery or threat to department of revenue employee” and “Battery or threat to department of safety and professional services or department of workforce development employee” in a manner that deletes superfluous language, and the language is recreated in the introductory language created in Section 86 of the bill.
Section 73 deletes references of “threats to commit a battery” because threats are treated in Section 92 of the bill.
Section 74 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.
Section 75 repeals the title of the crime “Battery or threat to department of safety and professional services or department of workforce development employee” because that crime is combined with the crime of “Battery or threat to department of revenue employee” in Section 86 of the bill. The Section also repeals the definition of “family member” because that definition is recreated and expanded in Section 25 of the bill.
Section 76 repeals provisions that are substantially recreated in Sections 72, 86, and 92 of the bill.
24,77Section 77. 940.208 (intro.), (1), (2) and (2p) of the statutes are renumbered 940.62 (1) (b) (intro.), 1., 2. and 3., and 940.62 (1) (b) (intro.) and 1., as renumbered, are amended to read: 940.62 (1) (b) Battery to certain employees of counties, cities, villages, or towns. (intro.) Whoever intentionally The person causes the bodily harm to an employee of a county, city, village, or town under all of the following circumstances is guilty of a Class I felony:
1. At the time of the act, the actor person knows or should know that the victim is an employee of a county, city, village, or town.
24,78Section 78. 940.208 (3) of the statutes is repealed. Note: Sections 77 and 78 renumber, consolidate, and amend the crime entitled “battery to certain employees of counties, cities, villages, or towns” to be closer to other batteries committed “to certain persons” and to remove phrases relating to the penalty, the consent of the victim, and the intent of the actor, because those elements are recreated in the introductory clause created in Section 86 of the bill.
24,79Section 79. Subchapter III (title) of chapter 940 [precedes 940.51] of the statutes is created to read: CHAPTER 940
SUBCHAPTER III
BODILY SECURITY;
BATTERY
Note: Section 79 creates a title for subchapter III of chapter 940 so that the provisions relating to battery are contained in a subchapter that is separate from the subchapter containing provisions relating to bodily security that are not related to battery.
24,80Section 80. 940.51 of the statutes is created to read: 940.51 Definitions. In this subchapter:
(11) “Firefighter” has the meaning given in s. 102.475 (8) (b).
(21) “Soft tissue injury” has the meaning given in s. 946.41 (2) (c).
Note: Section 80 creates s. 940.51, stats., the definitions section for subchapter III of chapter 940.
24,81Section 81. 940.60 (intro.) of the statutes is created to read: 940.60 (intro.) Except as provided in s. 940.61, 940.62, 940.65, or 940.66:
Note: Section 81 creates introductory language in s. 940.60, stats., as created in this bill, that establishes that the elements of battery, substantial battery, and aggravated battery may have different elements if special circumstances apply.
24,82Section 82. 940.60 (1) (title) of the statutes is created to read: 940.60 (1) (title) Battery.
24,83Section 83. 940.60 (2) (title) of the statutes is created to read: 940.60 (2) (title) Substantial battery.
24,84Section 84. 940.60 (3) (title) of the statutes is created to read: 940.60 (3) (title) Aggravated battery.
Note: Sections 82 to 84 create statutory subtitles for battery, substantial battery, and aggravated battery in s. 940.60, stats.
