2001 - 2002 LEGISLATURE
April 25, 2001 - Introduced by Representatives Ladwig, Friske, Starzyk,
Krawczyk, Loeffelholz, Berceau, Gunderson, Huebsch, Jeskewitz, Lassa,
Musser, Owens, Turner and Ziegelbauer, cosponsored by Senators S.
Fitzgerald, Roessler and Darling. Referred to Committee on Criminal
1An Act to create
939.626 of the statutes; relating to: burglary and providing
Analysis by the Legislative Reference Bureau
Under current law, a person is guilty of burglary if he or she intentionally enters
a building, dwelling, or certain other places without the consent of the person in
lawful possession of the building, dwelling, or other place and with intent to steal or
commit a felony in the building, dwelling, or other place. A person convicted of a
burglary may be fined not more than $10,000 or imprisoned for not more than 15
years or both, except that the person may be imprisoned for not more than 60 years
if he or she commits the burglary while armed, commits a battery during the burglary
on a person lawfully inside the building, dwelling, or other place, or uses explosives
to open a depository in the building, dwelling, or other place.
This bill provides that the maximum prison term for burglary may be increased
by not more than five years if: 1) the place that is burglarized was a dwelling, a
non-commercial boat with sleeping quarters, or a motor home; and 2) if another
person was lawfully present in the dwelling, boat, or motor home at the time of the
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB355, s. 1
939.626 of the statutes is created to read:
1939.626 Increased penalty; burglary of an occupied dwelling, boat, or
2motor home. (1)
In this section:
(a) "Boat" means any ship or vessel, other than a commercial vessel as defined 4
in s. 299.64 (1) (a), that has sleeping quarters.
(b) "Motor home" has the meaning given in s. 340.01 (33m).
If a person is convicted of violating s. 943.10, the maximum term of 7
imprisonment for the crime may be increased by not more than 5 years if all of the 8
(a) The burglarized enclosure was a dwelling, boat, or motor home.
(b) Another person was lawfully present in the dwelling, boat, or motor home 11
at the time of the violation.