2021 - 2022 LEGISLATURE

2021 Assembly BILL 960

February 7, 2022 - Introduced by Representatives Vos, Magnafici, Armstrong, Born, Cabral-Guevara, Dittrich, Duchow, Edming, Gundrum, James, Kuglitsch, Moses, Novak, Steffen, Vorpagel and Wittke, cosponsored by Senators LeMahieu, Wanggaard and Feyen. Referred to Committee on Criminal Justice and Public Safety.

AB960,1,7 An Act to repeal 940.20 (2r) and 940.20 (7); to amend 48.685 (2) (bb), 48.685 (5) (bm) 4., 48.686 (1) (c) 9., 48.686 (1) (c) 12., 48.686 (2) (bb), 50.065 (2) (bb), 103.88 (1) (d), 165.84 (7) (ab) 2., 301.048 (2) (bm) 1. a., 767.461 (4), 940.03, 941.29 (1g) (a), 941.291 (1) (b), 949.03 (1) (b), 968.26 (1b) (a) 2. a., 969.08 (10) (b) and 973.123 (1); and to create 103.88 (1) (bd) and 940.204 of the statutes; relating to: battery or threat to a health care provider or staff member of a health care facility and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, the crime of battery is defined as intentionally causing another person bodily harm and is a Class A misdemeanor. Under current law, if the battery is a special circumstance battery—for example, the battery is committed by a prisoner or against certain individuals because of the individual's professional status—the penalty is increased. Under current law, it is a Class H felony to commit a battery against a nurse, an emergency medical care provider, or a person who is working in an emergency department.

Under this bill, it is a Class H felony to commit a battery against a person who is a health care provider, a staff member of a health care facility, or a family member of a health care provider or staff member, or to threaten such a person, if the battery or threat is in response to an action taken by the health care provider in his or her official capacity, or in response to something that happened at the health care facility.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB960,1 Section 1. 48.685 (2) (bb) of the statutes is amended to read:

AB960,2,18 48.685 (2) (bb) If information obtained under par. (am), (b), or (ba) indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department, county department, child welfare agency, or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under sub. (6) (a) or (am) indicates a charge or a conviction of a serious crime, but information obtained under par. (am), (b), or (ba) does not indicate such a charge or conviction, the department, county department, child welfare agency, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am), (b), or (ba), a background information form under sub. (6) (a) or (am), or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 940.204, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department, county department, child welfare agency, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

AB960,2 Section 2. 48.685 (5) (bm) 4. of the statutes is amended to read:

AB960,3,6 48.685 (5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.203, 940.204, 940.205, 940.207, or 940.25, a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2) (am) 4. to 7., or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2) (am).

AB960,3 Section 3. 48.686 (1) (c) 9. of the statutes is amended to read:

AB960,3,12 48.686 (1) (c) 9. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.203, 940.204, 940.205, 940.207, 940.25, or 943.23 (1g), a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2) (am) 4., 5., 6., or 7. or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony.

AB960,4 Section 4. 48.686 (1) (c) 12. of the statutes is amended to read:

AB960,3,18 48.686 (1) (c) 12. A violation of the laws of another state or United States jurisdiction that if committed in this state would constitute felony battery under s. 940.19 (2), (4), (5), or (6) or, 940.20, or 940.204, a felony offense of domestic abuse, as defined in s. 813.12 (1) (am), a sex offense or a violent crime under ch. 948, or a violation of s. 940.225 if the victim was a child.

AB960,5 Section 5. 48.686 (2) (bb) of the statutes is amended to read:

AB960,4,8 48.686 (2) (bb) If information obtained under par. (am) indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If information submitted to the department under par. (ag) indicates a charge or a conviction of a serious crime, but information obtained under par. (am) does not indicate such a charge or conviction, the department shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am), information submitted under par. (ag), or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 940.204, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

AB960,6 Section 6. 50.065 (2) (bb) of the statutes is amended to read:

AB960,5,2 50.065 (2) (bb) If information obtained under par. (am) or (b) indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under sub. (6) (a) or (am), or any disclosure made pursuant to a disclosure policy described under sub. (6) (am), indicates a charge or a conviction of a serious crime, but information obtained under par. (am) or (b) does not indicate such a charge or conviction, the department or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am) or (b), a background information form under sub. (6) (a) or (am), any disclosure made pursuant to a disclosure policy described under sub. (6) (am), or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 940.204, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

AB960,7 Section 7. 103.88 (1) (bd) of the statutes is created to read:

AB960,5,6 103.88 (1) (bd) “Emergency department" means a room or area in a hospital that is primarily used to provide emergency care, diagnosis, or radiological treatment.