2001 - 2002 LEGISLATURE
March 4, 2002 - Introduced by Representatives Krug, Kaufert, Berceau, Turner,
McCormick, Coggs, Sykora and Huebsch, cosponsored by Senators Plache,
Huelsman, Burke, Roessler and Darling. Referred to Committee on
1An Act to renumber and amend
968.075 (1) (a); to consolidate, renumber
968.075 (3) (a) 1. (intro.) and a.; to amend
968.075 (2) (title), 3
968.075 (2) (a) (intro.), 968.075 (2) (a) 2. (intro.), 968.075 (3) (a) 1. c., 968.075 4
(3) (a) 1. d., 968.075 (3) (c), 968.075 (5) (a) 2., 968.075 (5) (e) and 968.085 (2) 5
(intro.); to repeal and recreate
968.075 (3) (a) 1. b.; and to create
968.07 (1m), 6
968.075 (1) (ag), 968.075 (1) (c), 968.075 (1) (d), 968.075 (2) (a) 2. c., 968.075 (2) 7
(am), 968.075 (2) (ar), 968.075 (2m), 968.075 (3) (a) 1. e. and f. and 968.085 (8) 8
of the statutes; relating to: domestic abuse arrests and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a law enforcement officer is required to arrest a person if the
person has committed domestic abuse, the person's actions constituted a crime, and
either: 1) the officer has a reasonable basis for believing that continued domestic
abuse against the alleged victim is likely (the "continuing abuse provision"); or 2)
there is evidence of physical injury to the alleged victim (the "physical injury
provision"). "Domestic abuse" is defined as the commission of certain specified acts,
including the intentional infliction of physical pain or injury or first, second, or third
degree sexual assault, by a person who is at least 18 years of age against his or her
spouse or former spouse, a current or former adult housemate or roommate,
including a relative, or another adult with whom the person has a child in common.
Current law also requires law enforcement agencies to adopt certain policies
relating to domestic abuse cases. Among other things, the policies must include a
statement emphasizing that in domestic abuse cases involving spouses, former
spouses, or other persons who reside together or formerly resided together, the officer
does not have to arrest both persons but should arrest the person whom the officer
believes to be the primary physical aggressor. In determining who is the primary
physical aggressor, an officer should consider the goal of protecting victims of
domestic violence, the relative degree of injury suffered by or fear induced in the
persons involved, and any history of domestic abuse between those persons.
This bill replaces the presumption regarding arresting the primary physical
aggressor with a requirement, added to the continuing abuse and physical injury
provisions, that the law enforcement officer arrest the predominant aggressor in
domestic abuse cases. The bill defines "predominant aggressor" to mean the most
significant, but not necessarily the first, aggressor in a domestic abuse incident. It
also lists what a law enforcement officer must consider in identifying the
predominant aggressor. In addition, the bill specifies that if a law enforcement
officer has identified the predominant aggressor it is not generally appropriate to
arrest any other person involved in the domestic abuse incident, even if the
continuing abuse or physical injury provisions apply. The bill requires law
enforcement agencies to adopt certain specified policies, including policies that
reflect these new requirements.
The bill also establishes new postarrest requirements. First, under the bill, a
person whose arrest is required as a result of a domestic abuse incident may not be
released from custody until the person posts bail at the sheriff's office or police
station or appears before a judge. Second, under current law, if a person is arrested
in connection with a domestic abuse incident, in most cases the person must avoid
contacting the victim and must avoid the victim's residence during the 72 hours
immediately following the arrest. A person who intentionally violates this
prohibition is required to forfeit not more than $1,000. The bill changes a violation
of this prohibition to a misdemeanor, with the maximum fine being set at $10,000
and the maximum term of imprisonment set at nine months.
Finally, the bill revises the definition of "domestic abuse" to cover cases
involving adults who are or were in a dating relationship. The bill defines "dating
relationship" as a romantic or intimate social relationship between adults, but it
specifies that the term does not include a casual relationship or ordinary
fraternization between individuals in a business or social context.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB884, s. 1
968.07 (1m) of the statutes is created to read:
Notwithstanding sub. (1), a law enforcement officer shall arrest 2
a person when required to do so under s. 813.12 (7), 813.122 (10), 813.125 (6), 813.128 3
(1) (b), or 968.075 (2) (a) or (5) (e).
AB884, s. 2
968.075 (1) (a) of the statutes is renumbered 968.075 (1) (ar), and 5
968.075 (1) (ar) (intro.), as renumbered, is amended to read:
(ar) (intro.) "Domestic abuse" means any of the following engaged 7
in by an adult person against his or her spouse or former spouse, against an adult 8
with whom the person resides or formerly resided, against an adult with whom the
9individual has or had a dating relationship,
or against an adult with whom the 10
person has a child in common:
AB884, s. 3
968.075 (1) (ag) of the statutes is created to read:
"Dating relationship" means a romantic or intimate social 13
relationship between adults but does not include a casual relationship or ordinary 14
fraternization between individuals in a business or social context. The existence of 15
a dating relationship shall be determined by considering the length of the 16
relationship, the type of the relationship, and the frequency of the interaction 17
between the individuals involved.
AB884, s. 4
968.075 (1) (c) of the statutes is created to read:
(c) "Party" means a person engaged in an act of domestic abuse or 20
a person victimized by an act of domestic abuse.
AB884, s. 5
968.075 (1) (d) of the statutes is created to read:
(d) "Predominant aggressor" means the most significant, but not 23
necessarily the first, aggressor in a domestic abuse incident.
AB884, s. 6
968.075 (2) (title) of the statutes is amended to read:
(title) Circumstances requiring arrest; presumption against
AB884, s. 7
968.075 (2) (a) (intro.) of the statutes is amended to read:
(a) (intro.) Notwithstanding s. 968.07
and except as provided in 5par. pars. (am) and
(b), a law enforcement officer shall arrest and take a person into 6
AB884, s. 8
968.075 (2) (a) 2. (intro.) of the statutes is amended to read:
(a) 2. (intro.) Either or both Any
of the following circumstances are
AB884, s. 9
968.075 (2) (a) 2. c. of the statutes is created to read:
(a) 2. c. The person is the predominant aggressor.
AB884, s. 10
968.075 (2) (am) of the statutes is created to read:
(am) Notwithstanding s. 968.07 (1), unless the person's arrest is 14
required under s. 813.12 (7), 813.122 (10), 813.125 (6), or 813.128 (1) (b) or sub. (5) 15
(e), if a law enforcement officer identifies the predominant aggressor, it is generally 16
not appropriate for a law enforcement officer to arrest anyone under par. (a) other 17
than the predominant aggressor.
AB884, s. 11
968.075 (2) (ar) of the statutes is created to read:
(ar) In order to protect victims from continuing domestic abuse, a 20
law enforcement officer shall consider all of the following in identifying the 21
1. Whether any party is threatening or has threatened future harm to or is 23
attempting or has attempted to intimidate any other party or any other family or 24
2. The extent to which each person present, including children, appears to fear 2
3. Statements made by witnesses or any other person, including children.
4. The history of domestic abuse between the parties and any information 5
provided by children or other witnesses regarding that history.
5. Whether either party acted in self-defense or in defense of any other person 7
under the circumstances described in s. 939.48.
AB884, s. 12
968.075 (2m) of the statutes is created to read:
968.075 (2m) Immediate release prohibited.
Unless s. 968.08 applies, a law 10
enforcement officer may not release a person whose arrest was required under sub. 11
(2) until the person posts bail under s. 969.07 or appears before a judge under s. 12
AB884, s. 13
968.075 (3) (a) 1. (intro.) and a. of the statutes are consolidated, 14
renumbered 968.075 (3) (a) 1. a. and amended to read:
(a) 1. a. Statements
emphasizing that: In
in most 16
circumstances, other than those under sub. (2), a law enforcement officer should 17
arrest and take a person into custody if the officer has reasonable grounds to believe 18
that the person is committing or has committed domestic abuse and that the person's 19
actions constitute the commission of a crime.
AB884, s. 14
968.075 (3) (a) 1. b. of the statutes is repealed and recreated to 21
(a) 1. b. A policy reflecting the requirements of subs. (2) and (2m).
AB884, s. 15
968.075 (3) (a) 1. c. of the statutes is amended to read: