Feed for /2011/related/proposals/ab69 PDF
AB69,1,2 1An Act to create 895.62 and 939.48 (1m) of the statutes; relating to: the
2privilege of self-defense.
Analysis by the Legislative Reference Bureau
In general, a person who uses force in self-defense or in the defense of another
person may not be convicted of a crime stemming from that use of force. This law
applies only when: 1) the amount of force used is reasonable; and 2) the person uses
that force to prevent or stop what he or she reasonably believes is an unlawful
interference with himself or herself or another person, such as the crime of battery.
Current law specifies that a person may use force that is intended or likely to cause
the death of or great bodily harm to another individual only if the person reasonably
believes that using such force is necessary to prevent the imminent death of or great
bodily harm to himself or herself or another person.
Under this bill, if a person used defensive force that was intended or likely to
cause death or great bodily harm, the court must presume that the person reasonably
believed that the force was necessary to prevent death or great bodily harm to himself
or herself or to another person if: 1) the individual against whom the force was used
was in the process of unlawfully and forcibly entering, or had already unlawfully and
forcefully entered, the residence of the person who used the force; 2) the person was
present in that residence; and 3) the person knew or reasonably believed that an
unlawful and forcible entry was occurring or had occurred. This presumption,
however, does not apply if: 1) the person who used the force was engaged in a criminal
activity or was using his or her residence to further a criminal activity; or 2) the
individual against whom the force was used had identified himself or herself as a

peace officer (or was or should have been known to be a peace officer) and was
entering the residence in the performance of his or her official duties.
Under the bill, a person who uses force that is intended or likely to cause death
or great bodily harm is immune from civil liability if the person reasonably believed
that the force was necessary to prevent death or great bodily harm to himself or
herself or to another person and if: 1) the individual against whom the force was used
was in the process of unlawfully and forcibly entering, or had already forcibly
entered, the residence of the person who used the force; 2) the person who used the
force was present in the residence; and 3) the person who used the force knew or had
reason to believe that an unlawful and forcible entry was occurring or had occurred.
Under the bill for purposes of civil immunity, a person is not presumed to have
reasonably believed that the force was necessary if: 1) the person who used the force
was engaged in a criminal activity or was using his or her residence to further a
criminal activity; or 2) the individual against whom the force was used had identified
himself or herself as a peace officer (or was or should have been known to be a peace
officer) and was entering the residence in the performance of his or her official duties.
Under the bill, if a court finds that person who is sued in civil court is immune
from liability, the person is entitled to attorney fees, court costs, compensation for
income loss, and other expenses the person incurred to defend himself or herself
against the civil action.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB69, s. 1 1Section 1. 895.62 of the statutes is created to read:
AB69,2,5 2895.62 Use of force in response to unlawful and forcible entry into a
3residence; civil liability immunity.
(1) In this section, "actor" means a person
4who uses force that is intended or likely cause death or great bodily harm to another
5person.
AB69,2,10 6(2) Except as provided in sub. (4), an actor is immune from civil liability arising
7out of his or her use of force that is intended or likely to cause death or great bodily
8harm if the actor reasonably believed that the force was necessary to prevent
9imminent death or great bodily harm to himself or herself or to another person and
10either of the following applies:
AB69,3,4
1(a) The person against whom the force was used was in the process of
2unlawfully and forcibly entering the actor's residence, the actor was present in the
3residence, and the actor knew or had reason to believe that an unlawful and forcible
4entry was occurring.
AB69,3,85 (b) The person against whom the force was used was in the actor's residence
6after unlawfully and forcibly entering it, the actor was present in the residence, and
7the actor knew or had reason to believe that the person had unlawfully and forcibly
8entered the residence.
AB69,3,11 9(3) An actor is presumed to have reasonably believed that the force was
10necessary to prevent imminent death or great bodily harm to himself or herself or
11to another person if either sub. (2) (a) or (b) applies.
AB69,3,13 12(4) The presumption described in sub. (3) does not apply if any of the following
13are true:
AB69,3,1614 (a) The actor was engaged in a criminal activity or was using his or her
15residence to further a criminal activity at the time he or she used the force described
16in sub. (2).
AB69,3,1917 (b) The person against whom the force was used was a peace officer who entered
18or attempted to enter the actor's residence in the performance of his or her official
19duties. This paragraph applies only if at least one of the following applies:
AB69,3,2120 1. The officer identified himself or herself to the actor before the force described
21in sub. (2) was used by the actor.
AB69,3,2322 2. The actor knew or reasonably should have known that the person entering
23or attempting to enter his or her residence was a peace officer.
AB69,4,2 24(5) In any civil action, if a court finds that a person is immune from civil liability
25under sub. (2), the court shall award the person reasonable attorney fees, costs,

1compensation for loss of income, and other costs of the litigation reasonably incurred
2by the person.
AB69, s. 2 3Section 2. 939.48 (1m) of the statutes is created to read:
AB69,4,84 939.48 (1m) (a) If an actor intentionally used force that was intended or likely
5to cause death or great bodily harm, the court shall presume that the actor
6reasonably believed that the force was necessary to prevent imminent death or great
7bodily harm to himself or herself if the actor makes such a claim under sub. (1) and
8any of the following applies:
AB69,4,129 1. The person against whom the force was used was in the process of unlawfully
10and forcibly entering the actor's residence, the actor was present in the residence,
11and the actor knew or reasonably believed that an unlawful and forcible entry was
12occurring.
AB69,4,1613 2. The person against whom the force was used was in the actor's residence
14after unlawfully and forcibly entering it, the actor was present in the residence, and
15the actor knew or reasonably believed that the person had unlawfully and forcibly
16entered the residence.
AB69,4,1817 (b) The presumption described in par. (a) does not apply if any of the following
18applies:
AB69,4,2019 1. The actor was engaged in a criminal activity or was using his or her residence
20to further a criminal activity at the time.
AB69,4,2321 2. The person against whom the force was used was a peace officer who entered
22or attempted to enter the actor's residence in the performance of his or her official
23duties. This subdivision applies only if at least one of the following applies:
AB69,4,2524 a. The officer identified himself or herself to the actor before the force described
25in par. (a) was used by the actor.
AB69,5,2
1b. The actor knew or reasonably should have known that the person entering
2or attempting to enter his or her residence was a peace officer.
AB69, s. 3 3Section 3. Initial applicability.
AB69,5,5 4(1) This act first applies to a use of force that occurs on the effective date of this
5subsection.
AB69,5,66 (End)
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