AB483: Bill Text

LRB-2558/3

RLR:kmg:pg

2003 - 2004 LEGISLATURE

2003 Assembly BILL 483

August 26, 2003 - Introduced by Representatives Young and Musser, cosponsored by Senator Kanavas. Referred to Committee on Criminal Justice.

AB483,1,2 An Act to create 946.41 (2r) and (2u) of the statutes; relating to: the prohibition against resisting or obstructing an officer and providing penalties.

Analysis by the Legislative Reference Bureau

Current law prohibits a person from resisting or obstructing a peace officer while the officer is acting in his or her official capacity. A person who violates this prohibition is guilty of a Class A misdemeanor. Current law also prohibits a person from intentionally causing bodily harm to a law enforcement officer while the officer is acting in his or her official capacity if the person knows or has reason to know that the victim is a law enforcement officer. A person who violates this prohibition is guilty of a Class H felony.

This bill increases the penalty for violating the prohibition against resisting or obstructing a peace officer if the person harms the officer. Under the bill, a person who causes bodily harm to an officer while resisting or obstructing the officer is guilty of a Class I felony. A person who causes substantial bodily harm to an officer while resisting or obstructing the officer is guilty of a Class H felony.

The penalties for the crimes mentioned above are as follows: - See PDF for table

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

For further information see the state 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:

AB483, s. 1 Section 1. 946.41 (2r) and (2u) of the statutes are created to read:

AB483,2,3 946.41 (2r) Whoever, while violating sub. (1), causes bodily harm to the officer whom the person is resisting or obstructing is guilty of a Class I felony.

AB483,2,5 (2u) Whoever, while violating sub. (1), causes substantial bodily harm to the officer whom the person is resisting or obstructing is guilty of a Class H felony.

AB483,2,6 (End)