AB44,25 Section 25 . 939.62 (2m) (a) 2m. b. of the statutes is amended to read:

AB44,8,22 939.62 (2m) (a) 2m. b. Any felony under s. 940.09 (1), 1999 stats., s. 943.23 (1m) or (1r), 1999 stats., s. 948.35 (1) (b) or (c), 1999 stats., or s. 948.36, 1999 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.09 (1c), 940.16, 940.19 (5), 940.195 (5), 940.198 (2) (a) or (c), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.06, 948.07, 948.075, 948.08, 948.081, 948.085, or 948.30 (2).

AB44,26 Section 26 . 939.623 of the statutes is created to read:

AB44,8,25 939.623 Increased penalty for elder person victims. (1) In this section, “elder person” means any individual who is 60 years of age or older.

AB44,9,3 (2) If the crime victim is an elder person, and the present conviction is for any crime for which imprisonment may be imposed, the maximum term of imprisonment prescribed by law for that crime may be increased as follows:

AB44,9,5 (a) A maximum term of imprisonment of one year or less may be increased to not more than 2 years.

AB44,9,7 (b) A maximum term of imprisonment of more than one year but not more than 10 years may be increased by not more than 4 years.

AB44,9,9 (c) A maximum term of imprisonment of more than 10 years may be increased by not more than 6 years.

AB44,9,12 (3) This section applies irrespective of whether the defendant had actual knowledge of the crime victim's age. A mistake regarding the crime victim's age is not a defense to an increased penalty under this section.

AB44,27 Section 27 . 939.632 (1) (e) 1. of the statutes is amended to read:

AB44,9,19 939.632 (1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1c), 940.19 (2), (4) or (5), 940.198 (2) (a) or (c), 940.21, 940.225 (1), (2) or (3), 940.235, 940.305, 940.31, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, or 948.30 (2) or under s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.

AB44,28 Section 28. 940.19 (6) (intro.) and (b) of the statutes are consolidated, renumbered 940.19 (6) and amended to read:

AB44,9,25 940.19 (6) Whoever intentionally causes bodily harm to another by conduct that creates a substantial risk of great bodily harm is guilty of a Class H felony. A rebuttable presumption of conduct creating a substantial risk of great bodily harm arises: (b) If if the person harmed has a physical disability, whether congenital or acquired by accident, injury or disease, that is discernible by an ordinary person viewing the physically disabled person, or that is actually known by the actor.

AB44,29 Section 29. 940.19 (6) (a) of the statutes is repealed.

AB44,30 Section 30 . 940.198 of the statutes is created to read:

AB44,10,6 940.198 Physical abuse of an elder person. (1) Definitions. In this section:

AB44,10,7 (a) “Elder person” means any individual who is 60 years of age or older.

AB44,10,9 (b) “Recklessly” means conduct that creates a situation of unreasonable risk of harm to and demonstrates a conscious disregard for the safety of the elder person.

AB44,10,11 (2) Intentional causation of bodily harm. (a) Whoever intentionally causes great bodily harm to an elder person is guilty of a Class C felony.

AB44,10,13 (b) Whoever intentionally causes bodily harm to an elder person is guilty of a Class H felony.

AB44,10,16 (c) Whoever intentionally causes bodily harm to an elder person under circumstances or conditions that are likely to produce great bodily harm is guilty of a Class F felony.

AB44,10,18 (3) Reckless causation of bodily harm. (a) Whoever recklessly causes great bodily harm to an elder person is guilty of a Class E felony.

AB44,10,20 (b) Whoever recklessly causes bodily harm to an elder person is guilty of a Class I felony.

AB44,10,23 (c) Whoever recklessly causes bodily harm to an elder person under circumstances or conditions that are likely to produce great bodily harm is guilty of a Class H felony.

AB44,11,3 (4) Knowledge of age not required. This section applies irrespective of whether the defendant had actual knowledge of the victim's age. A mistake regarding the victim's age is not a defense to a prosecution under this section.

AB44,31 Section 31 . 940.225 (1) (d) of the statutes is created to read:

AB44,11,8 940.225 (1) (d) Commits a violation under sub. (2) against an individual who is 60 years of age or older. This paragraph applies irrespective of whether the defendant had actual knowledge of the victim's age. A mistake regarding the victim's age is not a defense to a prosecution under this paragraph.

AB44,32 Section 32 . 941.29 (1g) (a) of the statutes is amended to read:

AB44,11,17 941.29 (1g) (a) “Violent felony" means any felony under s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., this section, or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.198, 940.20, 940.201, 940.203, 940.21, 940.225, 940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.2905, 941.292, 941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.32, 943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.