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.

SB121,722Section 72. 940.205 (2) (intro.) and 940.207 (2) (intro.) of the statutes are
3consolidated, renumbered 940.62 (2) (c) (intro.) and amended to read:

SB121,16,114940.62 (2) (c) (intro.) Whoever intentionally The person causes the bodily
5harm or threatens to cause bodily harm to the person or family member of any
6department of revenue, official, employee or agent under all of the following
7circumstances is guilty of a Class H felony: 940.207 (2) (intro.) Whoever
8intentionally causes bodily harm or threatens to cause bodily harm to the person or
9family member of any department of safety and professional services, or
10department of workforce development official, employee, or agent under all of the
11following circumstances is guilty of a Class H felony:

SB121,7312Section 73. 940.205 (2) (a) and (b) of the statutes are renumbered 940.62 (2)
13(c) 1. and 2. and amended to read:

SB121,16,1614940.62 (2) (c) 1. At the time of the act or threat, the actor person knows or
15should have known that the victim is a department of revenue official, employee, or
16agent or a member of his or her family.

SB121,17,3

12. The official, employee, or agent is acting in an official capacity at the time
2of the act or threat, or the act or threat is in response to any action taken in an
3official capacity.

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 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.

SB121,777Section 77. 940.208 (intro.), (1), (2) and (2p) of the statutes are renumbered
8940.62 (1) (b) (intro.), 1., 2. and 3., and 940.62 (1) (b) (intro.) and 1., as renumbered,
9are amended to read:

SB121,18,310940.62 (1) (b) Battery to certain employees of counties, cities, villages, or towns.

1(intro.) Whoever intentionally The person causes the bodily harm to an employee of
2a county, city, village, or town under all of the following circumstances is guilty of a
3Class I felony:

SB121,18,541. At the time of the act, the actor person knows or should know that the
5victim is an employee of a county, city, village, or town.

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.