AB121,2012Section 20. 940.20 (2m) (title) of the statutes is renumbered 940.62 (2) (b)
13(title) and amended to read:

AB121,7,1514940.62 (2) (b) (title) Battery to probation, extended supervision and, or parole
15agents, community supervision agents, and aftercare agents or their family members.

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

AB121,8,43940.51 (10) “Family member” means a spouse, child, stepchild, foster child,
4parent, legal guardian, sibling, grandparent, or grandchild.

AB121,265Section 26. 940.20 (2m) (a) 2. of the statutes is renumbered 940.51 (17) and
6amended to read:

AB121,8,127940.51 (17) “Probation, extended supervision, and or parole agent” means
8any person authorized by the department of corrections to exercise control over a
9probationer, parolee, or person on extended supervision or authorized by a federally
10recognized American Indian tribe or band to exercise control over a probationer,
11parolee, or person on extended supervision or a comparable program that is
12authorized by the tribe or band.

AB121,2713Section 27. 940.20 (2m) (b) (intro.), 1. and 2. of the statutes are renumbered
14940.62 (2) (b) (intro.), 1. and 2. and amended to read:

AB121,8,1915940.62 (2) (b) (intro.) Whoever intentionally The person causes the bodily
16harm or threatens to cause bodily harm to the person or family member of a
17probation, extended supervision, and or parole agent, a community supervision
18agent, or an aftercare agent under all of the following circumstances is guilty of a
19Class H felony:

AB121,8,23201. At the time of the act or threat, the actor person knows or has reason to
21know that the victim is a probation, extended supervision, and or parole agent, a
22community supervision agent, or an aftercare agent, or a member of the agent’s
23family.

AB121,9,2

12. The act or threat is in response to any action taken by the agent acting in an
2official 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.

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.

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.

AB121,30

1Section 30. 940.20 (4) of the statutes is renumbered 940.62 (1) (a) and
2amended to read: