LRB-0330/2
BF:skg:km
1995 - 1996 LEGISLATURE
April 13, 1995 - Introduced by Representatives Krusick, Goetsch, Kreuser,
Carpenter, Duff, Grobschmidt, Hanson, Hasenohrl, Musser, Notestein,
Plache, Riley, Robson, Ryba, Springer, Silbaugh
and Wirch, cosponsored by
Senators Drzewiecki, Andrea and Burke. Referred to Committee on Criminal
Justice and Corrections.
AB311,1,7 1An Act to renumber and amend 940.285 (2) (b) 1., 940.29 and 940.295 (3) (b)
21.; to amend 939.25 (2), 940.285 (2) (a) (intro.), 940.285 (2) (b) 3., 940.285 (2)
3(b) 4., 940.285 (2) (b) 5., 940.295 (3) (b) 3., 940.295 (3) (b) 4., 940.295 (3) (b) 5.
4and 969.08 (10) (b); and to create 940.285 (2) (a) 3., 940.285 (2) (b) 1g., 940.285
5(2) (b) 1m., 940.29 (1), 940.29 (3), 940.29 (4), 940.295 (1) (km), 940.295 (1) (t),
6940.295 (3) (a) 3., 940.295 (3) (b) 1g. and 940.295 (3) (b) 1m. of the statutes;
7relating to: abuse and providing penalties.
Analysis by the Legislative Reference Bureau
Current law provides various penalties for persons who abuse vulnerable
adults or persons who are in penal institutions, treatment facilities or other
facilities. "Vulnerable adults" refers to certain persons who have limitations due to
developmental disabilities or problems such as aging or mental illness. The
penalties vary depending on the type of harm caused or likely to be caused and
whether the conduct was intentional or reckless. This bill makes various changes
in these abuse laws:
1. The current abuse law does not cover death situations. Prosecutors may
charge an abuse incident that results in death under one of the general homicide
statutes. This bill provides a specific penalty for intentionally, recklessly or
negligently causing the death of a vulnerable adult. Upon conviction, violators may
be imprisoned for not more than 40 years. The prosecutor has the option to continue
to prosecute such a violation under a general homicide statute.
2. Under current law, if a person is convicted of abuse of a vulnerable adult that
is intentional and causes or is likely to cause great bodily harm, in most situations
the person may be fined not more than $10,000 or imprisoned for not more than 5

years or both. Under this bill, if a person is convicted of intentional, reckless or
negligent abuse of a vulnerable adult that causes great bodily harm, the violator may
be fined not more than $10,000 or imprisoned for not more than 10 years or both.
3. The bill adds penalties for persons who negligently abuse vulnerable adults
or persons who are in penal institutions, treatment facilities or other facilities. The
penalties are the same as the penalties for reckless violations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB311, s. 1 1Section 1. 939.25 (2) of the statutes is amended to read:
AB311,2,32 939.25 (2) If criminal negligence is an element of a crime in chs. 939 to 951 or
3s. 346.62, the negligence is indicated by the term "negligent" or "negligently".
AB311, s. 2 4Section 2. 940.285 (2) (a) (intro.) of the statutes is amended to read:
AB311,2,75 940.285 (2) (a) (intro.) Any person, other than a person in charge of or employed
6in a facility under s. 940.29 (2) or in a facility or program under s. 940.295 (2), who
7does any of the following may be penalized under par. (b):
AB311, s. 3 8Section 3. 940.285 (2) (a) 3. of the statutes is created to read:
AB311,2,99 940.285 (2) (a) 3. Negligently subjects a vulnerable adult to maltreatment.
AB311, s. 4 10Section 4. 940.285 (2) (b) 1. of the statutes is renumbered 940.285 (2) (b) 1r.
11and amended to read:
AB311,2,1312 940.285 (2) (b) 1r. Any person violating par. (a) 1. under circumstances that
13cause or are likely to cause great bodily harm is guilty of a Class D felony.
AB311, s. 5 14Section 5. 940.285 (2) (b) 1g. of the statutes is created to read:
AB311,2,1615 940.285 (2) (b) 1g. Any person violating par. (a) under circumstances that cause
16death is guilty of a Class B felony.
AB311, s. 6 17Section 6. 940.285 (2) (b) 1m. of the statutes is created to read:
AB311,2,1918 940.285 (2) (b) 1m. Any person violating par. (a) under circumstances that
19cause great bodily harm is guilty of a Class C felony.
AB311, s. 7
1Section 7. 940.285 (2) (b) 3. of the statutes is amended to read:
AB311,3,32 940.285 (2) (b) 3. Any person violating par. (a) 2. or 3. under circumstances that
3cause or are likely to cause great bodily harm is guilty of a Class E felony.
AB311, s. 8 4Section 8. 940.285 (2) (b) 4. of the statutes is amended to read:
AB311,3,65 940.285 (2) (b) 4. Any person violating par. (a) 2. or 3. under circumstances that
6cause or are likely to cause bodily harm is guilty of a Class A misdemeanor.
AB311, s. 9 7Section 9. 940.285 (2) (b) 5. of the statutes is amended to read:
AB311,3,98 940.285 (2) (b) 5. Any person violating par. (a) 1. or, 2. or 3. under circumstances
9not causing and not likely to cause bodily harm is guilty of a Class B misdemeanor.
AB311, s. 10 10Section 10. 940.29 of the statutes is renumbered 940.29 (2) and amended to
11read:
AB311,3,1612 940.29 (2) Any person in charge of or employed in a penal or correctional
13institution or other place of confinement who intentionally, recklessly or negligently
14abuses, neglects or ill-treats any person confined in or a resident of any such
15institution or place or who knowingly permits another person to do so is guilty of a
16Class E felony.
AB311, s. 11 17Section 11. 940.29 (1) of the statutes is created to read:
AB311,3,1918 940.29 (1) In this section, "vulnerable adult" has the meaning given in s.
19940.285 (1) (e).
AB311, s. 12 20Section 12. 940.29 (3) of the statutes is created to read:
AB311,3,2221 940.29 (3) A person who violates sub. (2) and causes death to a vulnerable adult
22is guilty of a Class B felony.
AB311, s. 13 23Section 13. 940.29 (4) of the statutes is created to read:
AB311,3,2524 940.29 (4) A person who violates sub. (2) and causes great bodily harm to a
25vulnerable adult is guilty of a Class C felony.
AB311, s. 14
1Section 14. 940.295 (1) (km) of the statutes is created to read:
AB311,4,52 940.295 (1) (km) "Negligent abuse" means an act, omission or course of conduct
3by another, if done negligently, that is not reasonably necessary for treatment or
4maintenance of order and discipline in a program or facility under sub. (2) and that
5does at least one of the following:
AB311,4,66 1. Results in bodily harm or great bodily harm to a patient or resident.
AB311,4,87 2. Intimidates, humiliates, threatens, frightens or otherwise harasses a
8patient or resident.
AB311, s. 15 9Section 15. 940.295 (1) (t) of the statutes is created to read:
AB311,4,1010 940.295 (1) (t) "Vulnerable adult" has the meaning given in s. 940.285 (1) (e).
AB311, s. 16 11Section 16. 940.295 (3) (a) 3. of the statutes is created to read:
AB311,4,1312 940.295 (3) (a) 3. Negligently abuses or negligently neglects a patient or a
13resident.
AB311, s. 17 14Section 17. 940.295 (3) (b) 1. of the statutes is renumbered 940.295 (3) (b) 1r.
15and amended to read:
AB311,4,1816 940.295 (3) (b) 1r. Any Except as provided in subd. 1m., any person violating
17par. (a) 1. under circumstances that cause or are likely to cause great bodily harm
18is guilty of a Class D felony.
AB311, s. 18 19Section 18. 940.295 (3) (b) 1g. of the statutes is created to read:
AB311,4,2120 940.295 (3) (b) 1g. Any person violating par. (a) under circumstances that cause
21death to a vulnerable adult is guilty of a Class B felony.
AB311, s. 19 22Section 19. 940.295 (3) (b) 1m. of the statutes is created to read:
AB311,4,2423 940.295 (3) (b) 1m. Any person violating par. (a) under circumstances that
24cause great bodily harm to a vulnerable adult is guilty of a Class C felony.
AB311, s. 20 25Section 20. 940.295 (3) (b) 3. of the statutes is amended to read:
AB311,5,3
1940.295 (3) (b) 3. Any Except as provided in subd. 1m., any person violating par.
2(a) 2. or 3. under circumstances that cause or are likely to cause great bodily harm
3is guilty of a Class E felony.
AB311, s. 21 4Section 21. 940.295 (3) (b) 4. of the statutes is amended to read:
AB311,5,65 940.295 (3) (b) 4. Any person violating par. (a) 2. or 3. under circumstances that
6cause or are likely to cause bodily harm is guilty of a Class A misdemeanor.
AB311, s. 22 7Section 22. 940.295 (3) (b) 5. of the statutes is amended to read:
AB311,5,98 940.295 (3) (b) 5. Any person violating par. (a) 1. or, 2. or 3. under circumstances
9not causing and not likely to cause bodily harm is guilty of a Class B misdemeanor.
AB311, s. 23 10Section 23. 969.08 (10) (b) of the statutes is amended to read:
AB311,5,1711 969.08 (10) (b) "Serious crime" means any crime specified in s. 346.62 (4),
12940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.20,
13940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1.
141g., 1m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c),
15943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), (1m) or (1r), 943.30,
16943.32, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04,
17948.05, 948.06, 948.07 or 948.30.
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