AB121: Bill Text

AB121,18,15 (11) “Firefighter” has the meaning given in s. 102.475 (8) (b).

AB121,18,16 (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.

AB121,81 Section 81. 940.60 (intro.) of the statutes is created to read:

AB121,18,18 940.60 (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.

AB121,82 Section 82. 940.60 (1) (title) of the statutes is created to read:

AB121,19,2 940.60 (1) (title) Battery.

AB121,83 Section 83. 940.60 (2) (title) of the statutes is created to read:

AB121,19,4 940.60 (2) (title) Substantial battery.

AB121,84 Section 84. 940.60 (3) (title) of the statutes is created to read:

AB121,19,6 940.60 (3) (title) Aggravated battery.

Note: Sections 82 to 84 create statutory subtitles for battery, substantial battery, and aggravated battery in s. 940.60, stats.

AB121,85 Section 85. 940.61 of the statutes is created to read:

AB121,19,12 940.61 Battery; bodily harm caused by certain persons. (2) Battery by prisoners or certain detained or committed persons. 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 H felony if any of the following applies:

Note: Section 85 creates a title for s. 940.61, stats., entitled “Battery; bodily harm caused by certain persons” and creates s. 940.61 (2), stats., entitled “Battery by prisoners or certain detained or committed persons”. Section 940.61, stats., consolidates and renumbers s. 940.20 (1), (1g), and (1m), stats., which are all special circumstances battery due to the status of the offender.

AB121,86 Section 86. 940.62 of the statutes is created to read:

AB121,19,18 940.62 Battery; bodily harm caused to certain persons. (1) Class I Felony battery to certain persons. 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 any of the following applies:

AB121,20,4 (2) Class H Felony battery to certain persons. 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 H felony if any of the following applies:

AB121,20,9 (a) Battery to certain individuals involved with a court or legal system. The person causes the bodily harm to the person or family member of any current or former judge, prosecutor, law enforcement officer, guardian ad litem, corporation counsel, advocate, attorney, witness, or grand or petit juror, or a person sharing a common domicile with a witness, under all of the following circumstances:

AB121,20,13 1. At the time of the act, the person knows or has reason to know that the victim is a judge, prosecutor, law enforcement officer, guardian ad litem, corporation counsel, advocate, attorney, witness, or grand or petit juror or a member of their family, or a person sharing a common domicile with a witness.

AB121,20,15 2. The act is in response to any action taken by the victim acting in an official capacity or in a legal proceeding.

AB121,20,17 (c) Battery to department of revenue, department of safety and professional services, or department of workforce development employees or their family members.

Note: Section 86 creates a title and introductory language for s. 940.62, stats., entitled “Battery; bodily harm caused to certain persons”. Section 86 also creates certain consolidated and renumbered special circumstances batteries. This created statute contains all of the special circumstances battery due to the status of the victim, except for the crimes of battery to an unborn child and battery to an elder person.

AB121,87 Section 87. 940.65 (1) (title) of the statutes is created to read:

AB121,20,19 940.65 (1) (title) Battery to an unborn child.

AB121,88 Section 88. 940.65 (2) (title) of the statutes is created to read:

AB121,20,21 940.65 (2) (title) Substantial battery to an unborn child.

AB121,89 Section 89. 940.65 (3) (title) of the statutes is created to read:

AB121,21,1 940.65 (3) (title) Aggravated battery to an unborn child.

Note: Sections 87 to 89 create the following statutory subtitles for s. 940.65, stats.: battery to an unborn child, substantial battery to an unborn child, and aggravated battery to an unborn child.

AB121,90 Section 90. 941.38 (1) (b) 5. of the statutes is amended to read:

AB121,21,6 941.38 (1) (b) 5. Battery, special circumstances by certain persons, as prohibited in s. 940.20 940.61 or s. 940.20, 2023 stats.; or battery to certain persons, as prohibited in s. 940.62, s. 940.20, 2023 stats., or s. 940.201, 2023 stats.; or threatening to commit bodily harm as prohibited in s. 947.016 (1) or (2).

AB121,91 Section 91. 941.38 (1) (b) 5m. of the statutes is repealed.

Note: Sections 90 and 91 amend, within a definition of criminal gang activity, statutory references to certain special circumstances battery or threat provisions to ensure that the treatment in that statute is consistent with the renumbering and amendments contained in this bill.

AB121,92 Section 92. 947.016 of the statutes is created to read:

AB121,21,11 947.016 Threatening to cause bodily harm. A person who threatens to cause bodily harm to another without the consent of the person threatened is guilty of a Class H felony if any of the following is true:

AB121,21,18 (1) Certain individuals involved with a court or legal system. The person threatens the person or family member of any current or former judge, prosecutor, law enforcement officer, guardian ad litem, corporation counsel, advocate, attorney, or witness, or a person sharing a common domicile with a witness, knowing the person’s status as an individual involved with a court or legal system, because of or in response to any action taken by the person in an official capacity or in a legal proceeding.

AB121,22,3 (2) Probation, extended supervision, and parole agents, community supervision agents, and aftercare agents and their family members. The person threatens the person or family member of a probation, extended supervision, or parole agent, a community supervision agent, or an aftercare agent under all of the following circumstances:

AB121,22,6 (a) At the time of the threat, the person knows or has reason to know that the victim is a probation, extended supervision, or parole agent, a community supervision agent, or an aftercare agent, or a member of the agent’s family.

AB121,22,8 (b) The threat is in response to any action taken by the agent acting in an official capacity.

AB121,22,12 (3) Health care providers and staff and their family members. The person threatens a health care provider or a person who works in a health care facility or a family member of a health care provider or a person who works in a health care facility under all of the following circumstances:

AB121,22,15 (a) At the time of the threat, the person knows or should have known that the victim works or formerly worked in a health care facility or is a family member of the person who works or formerly worked in a health care facility.

AB121,22,18 (b) The threat is in response to an action occurring at the health care facility or an action by an official, employee, or agent of the health care facility acting in his or her official capacity.

AB121,22,24 (4) Department of revenue, department of safety and professional services, and department of workforce development employees and their family members. The person threatens the person or family member of any department of revenue, department of safety and professional services, or department of workforce development official, employee, or agent under all of the following circumstances:

AB121,23,2 (a) At the time of the threat, the person knows or should have known that the victim is a department official, employee, or agent or a member of his or her family.

AB121,23,4 (b) The official, employee, or agent is acting in an official capacity at the time of the threat, or the threat is in response to any action taken in an official capacity.

Note: Section 92 creates s. 947.016, stats., entitled “Threatening to cause bodily harm.” This Section contains provisions relating to making threats to cause bodily harm under special circumstances, consolidates certain provisions, and ensures that the elements of each offense are consistent.

AB121,93 Section 93. Cross-reference changes. The following table lists three types of cross-reference changes necessary due to the treatment of statutes in this act: changes to cross-references to indicate the new number of the renumbered statute, the addition of a cross-reference to the current 2023 version of the statutes to ensure that crimes to which current law applies continue to be covered, and deletions of cross-references to reflect when a current law statute is repealed. In the sections of the statutes listed in column A, the cross-references shown in column B are changed, at the appropriate place, to the cross-references shown in column C:

- See PDF for table

Note: Section 93 describes the nonsubstantive, technical changes that will occur upon publication of the bill as an act.

AB121,24,1 (end)