LRB-4588/1
RLR:hmh:pg
2001 - 2002 LEGISLATURE
February 13, 2002 - Introduced by Senators Wirch, Burke, Darling, Huelsman
and Kanavas, cosponsored by Representatives Wasserman, Turner, Sykora,
Musser, Underheim and
Urban. Referred to Committee on Judiciary,
Consumer Affairs, and Campaign Finance Reform.
SB437,1,2
1An Act to create 940.20 (8) of the statutes;
relating to: battery to a health care
2provider and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who intentionally causes bodily harm to another
(commits simple battery) is guilty of a Class A misdemeanor, for which the person
may be fined not more than $10,000 or incarcerated for up to nine months or both.
"Bodily harm" is defined as physical pain or injury, illness, or any impairment of
physical condition. If the intentional battery results in greater injury, such as a
laceration, broken bone, serious risk of death, or certain permanent disfigurements,
the penalties are greater. The penalties are also greater if a person commits simple
battery against certain persons, such as judges, probation and parole agents, school
district officers or employees, or emergency medical care providers.
This bill increases the penalty for committing simple battery against a nurse,
physician, or physician assistant who is acting in his or her capacity as a health care
provider, if the batterer knows or has reason to know that the victim is a nurse,
physician, or physician assistant. The bill makes battery to a nurse, physician, or
physician assistant a Class D felony, for which a person may be fined not more than
$10,000; sentenced to a term of confinement followed by a term of extended
supervision that together may not exceed ten years; or both.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB437, s. 1
1Section
1. 940.20 (8) of the statutes is created to read:
SB437,2,42
940.20
(8) Battery to health care provider. (a) In this subsection, "health care
3provider" means a nurse licensed under ch. 441 or a physician or physician assistant
4licensed under subch. II of ch. 448.
SB437,2,85
(b) Whoever intentionally causes bodily harm to a health care provider without
6the consent of the health care provider while the health care provider is acting in his
7or her capacity as a health care provider, if the person knows or has reason to know
8that the victim is a health care provider, is guilty of a Class D felony.
