JEO&MGD:cmh&jlg:hmh
1999 - 2000 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 1999 ASSEMBLY BILL 111
March 14, 2000 - Offered by Committee on Judiciary and Consumer Affairs.
AB111-SSA1,1,2 1An Act to create 939.627 of the statutes; relating to: committing theft against
2certain persons and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB111-SSA1, s. 1 3Section 1. 939.627 of the statutes is created to read:
AB111-SSA1,1,5 4939.627 Increased penalty; crimes committed by caretaker of
5vulnerable person.
(1) In this section:
AB111-SSA1,1,106 (a) "Caretaker" means a guardian, custodian, trustee, agent, attorney-in-fact
7or other person, whether or not appointed by a court, who is responsible for the care,
8custody or control of a vulnerable person or the estate of a vulnerable person, or any
9other person who stands in a position of trust with a vulnerable person. "Caretaker"
10includes a person acting under a power of attorney, durable or otherwise.
AB111-SSA1,1,1111 (b) "Vulnerable person" means any of the following:
AB111-SSA1,2,1
11. A vulnerable adult, as defined in s. 940.285 (1) (e).
AB111-SSA1,2,22 2. A patient or resident of a facility or program specified in s. 940.295 (2).
AB111-SSA1,2,5 3(2) (a) If a person is convicted of committing or attempting to commit a violation
4of s. 943.20 or of committing a violation of s. 943.201 and all of the following apply,
5the penalties are increased as provided in par. (b):
AB111-SSA1,2,66 1. The person who commits or attempts to commit the violation is a caretaker.
AB111-SSA1,2,87 2. The victim of the violation or attempted violation is a vulnerable person for
8whom the convicted person is a caretaker.
AB111-SSA1,2,99 3. The value of the property that is involved in the violation exceeds $2,500.
AB111-SSA1,2,1210 (am) If a person is convicted of committing or attempting to commit a violation
11of s. 943.38, 943.39 or 943.40 and all of the following apply, the penalties are
12increased as provided in par. (b):
AB111-SSA1,2,1313 1. The person who commits or attempts to commit the violation is a caretaker.
AB111-SSA1,2,1514 2. The victim of the violation or attempted violation is a vulnerable person for
15whom the convicted person is a caretaker.
AB111-SSA1,2,1716 (b) If par. (a) or (am) applies, the maximum period of imprisonment may be
17increased by 5 years and the maximum fine may be increased by $5,000.
AB111-SSA1,2,20 18(3) This section provides for the enhancement of the penalties applicable for
19the underlying crime. The court shall direct that the trier of fact find a special verdict
20as to all of the issues specified in sub. (2) (a) or (am), whichever is applicable.
Loading...
Loading...