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CMH:nwn:rs
2011 - 2012 LEGISLATURE
May 17, 2011 - Introduced by Representatives Mason, Turner and Fields. Referred
to Committee on Criminal Justice and Corrections.
AB136,1,6 1An Act to amend 302.114 (1), 303.065 (1) (b) 2., 304.02 (5), 304.071 (2), 939.616
2(1g), 939.616 (1r), 939.617 (1), 939.617 (2), 948.02 (1) (b), 948.025 (1) (a),
3948.025 (2) (a), 973.014 (2) and 973.15 (2m) (a) 2. b.; and to create 939.6155 of
4the statutes; relating to: mandatory minimum sentences and extended
5supervision eligibility for persons who commit certain crimes against children
6and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, a person who is convicted of the crime of having sexual
intercourse with a person under the age of 12 is guilty of a Class B felony, is subject
to a term of imprisonment (which generally includes a term of confinement in prison
followed by a term of extended supervision) of up to 60 years, and must be sentenced
to a mandatory minimum term of confinement in prison of at least 25 years. Also
under current law, a person who is convicted of the crime of having sexual intercourse
or sexual contact with a person under the age of 13 that results in great bodily harm
is guilty of a Class A felony, which has a penalty of life imprisonment, and must be
sentenced to a mandatory minimum term of confinement in prison of at least 25
years. This bill changes the classification of the first crime to a Class A felony and
changes the sentence for both sexual assaults to lifetime confinement in prison
without the possibility of extended supervision.
Under current law, a person who is convicted of the crime of intentional
homicide is guilty of a Class A felony, which has a penalty of life imprisonment.

Under this bill, if the victim was under the age of 18 years old, the sentence is lifetime
confinement in prison without the possibility of extended supervision.
Also, under current law, a person over the age of 18 who is convicted of the crime
of possessing child pornography must serve a mandatory minimum term of
confinement in prison of at least three years. This bill increases the mandatory
minimum term of confinement to 12 years.
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 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:
AB136, s. 1 1Section 1. 302.114 (1) of the statutes is amended to read:
AB136,2,52 302.114 (1) An inmate is subject to this section if he or she is serving a life
3sentence imposed under s. 973.014 (1g) (a) 1. or 2. An inmate serving a life sentence
4under s. 939.6155, 939.616 (1g), 939.62 (2m), or 973.014 (1g) (a) 3. is not eligible for
5release to extended supervision under this section.
AB136, s. 2 6Section 2. 303.065 (1) (b) 2. of the statutes is amended to read:
AB136,2,97 303.065 (1) (b) 2. A person serving a life sentence under s. 939.6155, 939.616
8(1g),
939.62 (2m) (c), or 973.014 (1) (c) or (1g) (a) 3. may not be considered for work
9release.
AB136, s. 3 10Section 3. 304.02 (5) of the statutes is amended to read:
AB136,2,1311 304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life
12sentence under s. 939.6155, 939.616 (1g), 939.62 (2m) (c), or 973.014 (1) (c) or (1g) is
13not eligible for release to parole supervision under this section.
AB136, s. 4 14Section 4. 304.071 (2) of the statutes is amended to read:
AB136,3,3
1304.071 (2) If a prisoner is not eligible for parole under s. 961.49 (2), 1999 stats.,
2or s. 939.6155, 939.616 (1g), 939.62 (2m) (c), 973.01 (6), 973.014 (1) (c) or (1g), or
3973.032 (5), he or she is not eligible for parole under this section.
AB136, s. 5 4Section 5. 939.6155 of the statutes is created to read:
AB136,3,8 5939.6155 Lifetime confinement for intentional homicide of a child. If
6a person is convicted of a violation of s. 940.01 (1) and the victim of the violation is
7a person who had not attained the age of 18 years, the term of imprisonment is life
8imprisonment without the possibility of parole or extended supervision.
AB136, s. 6 9Section 6. 939.616 (1g) of the statutes is amended to read:
AB136,3,1510 939.616 (1g) If a person is convicted of a violation of s. 948.02 (1) (am) or (b)
11or 948.025 (1) (a), notwithstanding s. 973.014 (1g) (a) 1. and 2., the court may not
12make an extended supervision eligibility date determination on a date that will occur
13before the person has served a 25-year term of confinement in prison
term of
14imprisonment is life imprisonment without the possibility of parole or extended
15supervision
.
AB136, s. 7 16Section 7. 939.616 (1r) of the statutes is amended to read:
AB136,3,2117 939.616 (1r) If a person is convicted of a violation of s. 948.02 (1) (b) or (c) or
18948.025 (1) (b), the court shall impose a bifurcated sentence under s. 973.01. The
19term of confinement in prison portion of the bifurcated sentence shall be at least 25
20years. Otherwise the penalties for the crime apply, subject to any applicable penalty
21enhancement.
AB136, s. 8 22Section 8. 939.617 (1) of the statutes is amended to read:
AB136,4,323 939.617 (1) Except as provided in subs. (2) and (3), if a person is convicted of
24a violation of s. 948.05, 948.075, or 948.12, the court shall impose a bifurcated
25sentence under s. 973.01. The term of confinement in prison portion of the bifurcated

1sentence shall be at least 5 years for violations of s. 948.05 or 948.075 and 3 at least
212
years for violations of s. 948.12. Otherwise the penalties for the crime apply,
3subject to any applicable penalty enhancement.
AB136, s. 9 4Section 9. 939.617 (2) of the statutes is amended to read:
AB136,4,95 939.617 (2) If a person is convicted of a violation of s. 948.05, or 948.075, or
6948.12,
the court may impose a sentence that is less than the sentence required
7under sub. (1), or may place the person on probation, only if the court finds that the
8best interests of the community will be served and the public will not be harmed and
9if the court places its reasons on the record.
AB136, s. 10 10Section 10. 948.02 (1) (b) of the statutes is amended to read:
AB136,4,1211 948.02 (1) (b) Whoever has sexual intercourse with a person who has not
12attained the age of 12 years is guilty of a Class B A felony.
AB136, s. 11 13Section 11. 948.025 (1) (a) of the statutes is amended to read:
AB136,4,1514 948.025 (1) (a) A Class A felony if at least 3 of the violations were violations of
15s. 948.02 (1) (am) or (b).
AB136, s. 12 16Section 12. 948.025 (2) (a) of the statutes is amended to read:
AB136,4,2017 948.025 (2) (a) If an action under sub. (1) (a) is tried to a jury, in order to find
18the defendant guilty the members of the jury must unanimously agree that at least
193 violations of s. 948.02 (1) (am) or (b) occurred within the specified period of time but
20need not agree on which acts constitute the requisite number.
AB136, s. 13 21Section 13. 973.014 (2) of the statutes is amended to read:
AB136,4,2422 973.014 (2) When a court sentences a person to life imprisonment under s.
23939.6155, 939.616 (1g), or 939.62 (2m) (c), the court shall provide that the sentence
24is without the possibility of parole or extended supervision.
AB136, s. 14 25Section 14. 973.15 (2m) (a) 2. b. of the statutes is amended to read:
AB136,5,2
1973.15 (2m) (a) 2. b. A sentence under which the person is not eligible for
2release on parole under s. 939.6155, 939.616 (1g), 939.62 (2m) (c), or 973.014 (1) (c).
AB136, s. 15 3Section 15. Initial applicability.
AB136,5,54 (1) This act first applies to violations that occur on the effective date of this
5subsection.
AB136,5,66 (End)
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