2001 - 2002 LEGISLATURE
January 29, 2001 - Introduced by Senators Welch, S. Fitzgerald, Huelsman,
Darling, Cowles, A. Lasee, Schultz, Lazich and Harsdorf, cosponsored by
Representatives Suder, Ladwig, Vrakas, Huebsch, Albers, Sykora, Hahn,
Hundertmark, Olsen, Wade, Gunderson, Nass, Hoven, Pettis, Rhoades,
Stone, F. Lasee, Skindrud, Powers, Petrowski, Leibham, Jeskewitz, Musser,
Ainsworth, Townsend, Krawczyk, Starzyk, Kreuser, Travis, Plouff and
Gronemus. Referred to Committee on Judiciary, Consumer Affairs, and
Campaign Finance Reform.
1An Act to create
895.78 of the statutes; relating to: eliminating recovery for
2persons injured while involved in a felony.
Analysis by the Legislative Reference Bureau
Currently, if a person is injured, he or she may recover from another person if
the negligence of the other person caused the injury and exceeds his or her
negligence. The finder of fact makes the decision as to the amount of negligence
attributable to each party.
This bill prevents a person from recovering damages for any injury that he or
she incurs or from his or her death if the injury or death resulted from his or her act
that is a felony and he or she is convicted of a felony for that act regardless of cause
of the injury or negligence of the parties. However, the bill does allow recovery,
subject to the findings as to causation and negligence, if the device that causes the
injury or death was used to provide security and was intended or likely to cause great
bodily harm or death.
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:
SB32, s. 1
895.78 of the statutes is created to read:
1895.78 Limiting felon's right to damages. (1)
No person may recover 2
damages for an injury to real or personal property if the injury was incurred while 3
committing, or as a result of committing, an act that constituted a felony and the 4
person was convicted of a felony for that act.
No person may recover damages for death or for personal injury if the injury 6
or death was incurred while committing, or as a result of committing, an act that 7
constituted a felony and the person was convicted of a felony for that act.
This section does not prohibit a person from recovering damages for death 9
or personal injury resulting from a device used to provide security that is intended 10
or likely to cause great bodily harm, as defined in s. 939.22 (14), or death.
(1) This act first applies to damages incurred on the effective date of this 13