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AB121: Bill Text
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2025 - 2026 LEGISLATURE
LRB-0418/1
MJW:wlj
2025 ASSEMBLY BILL 121
March 11, 2025 - Introduced by
Joint Legislative Council
. Referred to Committee on Judiciary.
AB121,2,13
1
An Act
to repeal
939.22 (21) (em), 940.198 (1) (intro.), 940.20 (title), 940.20
2
(2m) (a) (intro.), 940.20 (2m) (b) 3., 940.20 (3), 940.20 (4m) (a) (intro.), 940.20
3
(5) (a) (intro.), 940.201 (title), 940.201 (1) (intro.), 940.201 (1) (a), 940.201 (2),
4
940.203 (title), 940.203 (1) (intro.), 940.203 (1) (am), 940.203 (2) and (3),
5
940.204 (1) (intro.), 940.204 (1) (a), 940.204 (2) (c), 940.204 (3) (c), 940.205
6
(title) and (1), 940.205 (2) (c), 940.207 (title) and (1), 940.207 (2) (a), (b) and (c),
7
940.208 (3) and 941.38 (1) (b) 5m.;
to renumber
940.19 (title), (1) and (2),
8
940.19 (4), (5) and (6), 940.195 (title), (1) and (2), 940.195 (4), (5) and (6),
9
940.198 (1) (a), 940.198 (2), (3) and (4), 940.20 (1m) (title), 940.20 (2m) (a) 1.,
10
940.20 (2m) (a) 1m., 940.20 (2m) (a) 1o., 940.20 (4m) (title), 940.20 (4m) (a) 1.,
11
940.20 (4m) (a) 2., 940.20 (4m) (a) 3., 940.20 (4m) (a) 4., 940.20 (5) (title),
12
940.20 (5) (a) 1., 940.20 (5) (a) 2., 940.20 (6) (title), 940.201 (1) (b), 940.203 (1)
13
(ab), 940.203 (1) (ac), 940.203 (1) (b), 940.203 (1) (c), 940.203 (1) (d), 940.204 (1)
1
(b) and 940.204 (1) (c);
to renumber and amend
940.198 (title), 940.198 (1)
2
(b), 940.20 (1), 940.20 (1g), 940.20 (2), 940.20 (2m) (title), 940.20 (2m) (a) 1p.,
3
940.20 (2m) (a) 2., 940.20 (2m) (b) (intro.), 1. and 2., 940.20 (4), 940.20 (4m) (b),
4
940.20 (5) (b), 940.20 (6) (a), 940.20 (6) (b), 940.204 (title), 940.204 (4), 940.205
5
(2) (a) and (b) and 940.208 (intro.), (1), (2) and (2p);
to consolidate,
6
renumber and amend
940.20 (1m) (a) and (b), 940.204 (3) (intro.) and (2)
7
(intro.), 940.204 (3) (a) and (2) (a), 940.204 (3) (b) and (2) (b) and 940.205 (2)
8
(intro.) and 940.207 (2) (intro.);
to amend
343.12 (7) (c) 9j., 939.22 (21) (e) and
9
941.38 (1) (b) 5.;
to create
165.25 (22) (title), subchapter III (title) of chapter
10
940 [precedes 940.51], 940.51, 940.60 (intro.), 940.60 (1) (title), 940.60 (2)
11
(title), 940.60 (3) (title), 940.61, 940.62, 940.65 (1) (title), 940.65 (2) (title),
12
940.65 (3) (title) and 947.016 of the statutes;
relating to:
recodification of
13
battery statutes and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill is explained in the
Notes
provided by the Joint Legislative Council in the bill.
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:
Joint Legislative Council prefatory note:
This bill was prepared for the Joint Legislative Council’s Study Committee on Recodification of Battery Statutes.
Current law
Current law penalizes the act of causing bodily harm to another person (battery). The penalties for battery depend on the level of harm caused, the intent of the actor, and, under certain circumstances, whether the actor or the victim is a member of a category chosen by the legislature to receive particular consideration.
Section 940.19, stats.: Battery, substantial battery, and aggravated battery
Battery
A person who causes bodily harm to another, with the intent to cause bodily harm to that person or another and without the consent of the person harmed, is guilty of the crime of battery. Battery, sometimes referred to as “simple battery,” is a Class A misdemeanor.
Substantial battery
A person who causes substantial bodily harm to another, with the intent to cause bodily harm to that person or another, is guilty of the crime of substantial battery. Substantial battery is a Class I felony.
Aggravated battery
A person who causes great bodily harm to another is guilty of aggravated battery. Aggravated battery is a Class H felony if the actor intended to cause bodily harm to that person or another and a Class E felony if the actor intended to cause great bodily harm to that person or another.
Additionally, a person who causes bodily harm to another by conduct that creates a substantial risk of great bodily harm is guilty of aggravated battery. Aggravated battery under these circumstances is a Class H felony.
Sections 940.20 to 940.208, stats.: Special circumstances battery
Under current law, simple battery (causing bodily harm with the intent to cause bodily harm and without the consent of the victim) may be elevated to a Class H felony or a Class I felony if the battery is committed by a particular class of persons or committed against a particular class of persons. These batteries, called “special circumstances” batteries, are codified in ss. 940.20 to 940.208, stats.
Section 940.20, stats., contains several of the special circumstances batteries, including those committed by a particular class of persons and some of the special circumstances batteries committed against certain classes of persons. Other special circumstances are codified in ss. 940.201 to 940.208, stats.
Sections 940.195 and 940.198, stats.: Battery, substantial battery, and aggravated
battery to an unborn child and physical abuse of an elder person
Under current law, a person who causes bodily harm, substantial bodily harm, or great bodily harm to an unborn child is subject to the same penalties as under s. 940.19, stats. The intent of the actor may be to cause harm to the unborn child, the mother of the unborn child, or another.
A person who intentionally or recklessly causes bodily harm to an elder person is subject to penalties ranging from a Class I felony to a Class C felony, depending on the degree of harm to the elder person and the intent of the actor.
The bill
This bill recodifies the battery statutes found in ss. 940.19 to 940.208, stats., by moving them into a newly created subchapter III, entitled “Bodily security; battery,” in ch. 940, stats. In doing so, the bill generally reorganizes the various crimes of battery by 1) who the actor is; and 2) who the person harmed is. The bill does not change the penalty for any crime within the battery statutes that exists under current law. The bill also makes several changes to the battery statutes:
1. The bill moves most of the definitions that are specifically for the battery statutes to the beginning of the new subchapter specifically created for the battery statutes.
2. The bill renumbers the special circumstances batteries to two separate statutes: the first statute codifies special circumstances batteries on the basis of the identity of the actor. For example, this first statute includes battery caused by persons subject to certain injunctions and battery by prisoners or certain detained or committed persons. The second statute codifies special circumstances batteries on the basis of the identity of the victim. For example, this second statute includes battery to certain individuals involved with a court or legal system. In each statute, the offenses are separated on the basis of whether the penalty is a Class H felony or Class I felony.
3. The bill expands the definition of “family member” to also include a “grandparent” or “legal guardian.”
4. The bill adds the term “jail” to the crime of bodily harm caused by prisoners to clarify that this type of facility is included in this crime.
5. The bill combines the various threats to commit a battery into one crime, entitled “Threatening to cause bodily harm,” and moves it to ch. 947, stats., relating to crimes against public peace, order, and other interests. This chapter contains other criminal threats (e.g., bomb scares, terrorist threats, harassment, etc.).
6. With respect to the crimes of “battery, substantial battery, and aggravated battery to an unborn child” and “physical abuse of an elder person,” ss. 940.195 and 940.198, stats., respectively, the bill does the following: 1) changes the titles of these crimes to be consistent with other titles used in the bill; 2) moves them into the newly created subchapter; and 3) otherwise retains the structure of these crimes in their own separate statutes.
7. At the end of the bill is a table of each statute that cross-references one or more battery statutes and is affected by the bill. The table lists both the cross-references to the old battery statute and the new provision recreated in the bill.
AB121,1
1
Section
1
.
165.25 (22) (title) of the statutes is created to read:
AB121,3,2
2
165.25
(22)
(title)
Post model language for health care facilities.
Note:
This
Section
creates a new subsection entitled, “
Post model language for health care facilities
.” This subsection is placed in a section of statutes, s. 165.25, stats., that lists the duties of the Department of Justice (DOJ) because
Section
70
moves language from the Criminal Code that requires DOJ to post certain language on its website to this list of duties. Specifically,
Section
70
moves language that requires 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 s. 165.25, stats.
AB121,2
3
Section
2
.
343.12 (7) (c) 9j. of the statutes is amended to read:
AB121,3,5
4
343.12
(7)
(c) 9j.
Physical abuse of
Battery to
an elder person under s.
940.198
5
(2)
940.66 (2) or s. 940.198 (2), 2023 stats
.
Note:
Under current law, the Department of Transportation may not renew a school bus driver license endorsement if a person has been convicted of specified crimes, including “Physical abuse to an elder person.” This
Section
renumbers and changes the reference to this crime to “Battery to an elder person,” and renumbers this crime consistent with the changes made by this bill.
AB121,3
6
Section
3
.
939.22 (21) (e) of the statutes is amended to read:
AB121,4,2
7
939.22
(21)
(e) Battery
, special circumstances
by certain persons
, as
8
prohibited in s.
940.20
940.61 or s. 940.20, 2023 stats.; or battery to certain persons,
1
as prohibited in s. 940.62, s. 940.20, 2023 stats., or s. 940.201, 2023 stats.; or
2
threatening to cause bodily harm as prohibited in s. 947.016 (1) or (2)
.
AB121,4
3
Section
4
.
939.22 (21) (em) of the statutes is repealed.
Note:
The Criminal Code defines “pattern of criminal gang activity” generally to mean 2 or more specified crimes that have been committed within 3 years of one another, which must be committed either on separate occasions or, if committed on the same occasion, by 2 or more persons. This definition includes the following batteries: 1) battery, substantial battery, and aggravated battery; 2) battery to an unborn child, substantial battery to an unborn child, and aggravated battery to an unborn child; 3) special circumstance batteries; and 4) battery to a witness.
Section
3
updates the various cross-references to these batteries consistent with renumbering changes made by this bill.
Section
4
repeals a separate cross-reference for battery to a witness, because, under the bill, this crime is now codified in s. 940.62, stats., which is listed in
Section
3
.
AB121,5
4
Section
5
.
940.19 (title), (1) and (2) of the statutes are renumbered 940.60
5
(title), (1) and (2).
AB121,6
6
Section
6
.
940.19 (4), (5) and (6) of the statutes are renumbered 940.60 (3)
7
(a), (b) and (c).
Note:
Sections
5
and
6
renumber s. 940.19, stats., entitled, “Battery; substantial battery; aggravated battery,” to s. 940.60, stats. As a result of the renumbering, the subtitle for s. 940.60 (1) is “battery” and the subtitle for sub. (2) is “substantial battery” under the bill. Similarly,
Section
6
renumbers subs. (4), (5), and (6) so that the subtitle for these batteries is “aggravated batteries.”
AB121,7
8
Section
7
.
940.195 (title), (1) and (2) of the statutes are renumbered 940.65
9
(title), (1) and (2).
AB121,8
10
Section
8
.
940.195 (4), (5) and (6) of the statutes are renumbered 940.65 (3)
11
(a), (b) and (c).
Note:
Sections
7
and
8
renumber s. 940.195, stats., entitled, “Battery to an unborn child; substantial battery to an unborn child; aggravated battery to an unborn child,” to s. 940.65, stats. As a result of the renumbering, the subtitle for s. 940.65 (1) is “battery to an unborn child” and the subtitle for sub. (2) is “substantial battery to an unborn child.” Similarly,
Section
8
renumbers subs. (4), (5), and (6) in such a way so that the subtitle for these batteries is “aggravated battery to an unborn child.”
AB121,9
12
Section
9
.
940.198 (title) of the statutes is renumbered 940.66 (title) and
13
amended to read:
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