LRB-1474/1
CMH:ahe
2017 - 2018 LEGISLATURE
February 24, 2017 - Introduced by Representatives Ott, Zepnick, Kremer, Ripp,
Skowronski, Sanfelippo, Novak, Berceau, Jacque, Spiros, Tusler, Murphy,
Knodl, Loudenbeck, Tittl, E. Brooks and Sinicki, cosponsored by Senators
Darling, Marklein, Carpenter, Nass, Hansen, Olsen and Craig. Referred to
Committee on Criminal Justice and Public Safety.
AB97,1,4 1An Act to renumber and amend 940.09 (1c) (a) and 940.09 (1c) (b); and to
2create
940.09 (1c) (a) 2. and 940.09 (1c) (b) 2. of the statutes; relating to:
3mandatory period of confinement for homicide by intoxicated use of a vehicle
4and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
Under this bill, a person who is convicted of homicide by intoxicated use of a
vehicle must be sentenced to a period of confinement in prison of at least five years.
Under the bill, if the decedent was a passenger in the person's car, a court may
sentence the person to a period of confinement that is less than the minimum if the
court finds that the best interests of the community will be served and that the public
will not be harmed. If the court sentences a person to a period of confinement that
is less than the minimum, the bill requires the court to put its findings in writing.
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:
AB97,1 5Section 1. 940.09 (1c) (a) of the statutes is renumbered 940.09 (1c) (a) 1. and
6amended to read:
AB97,2,4
1940.09 (1c) (a) 1. Except as provided in par. (b), a person who violates sub. (1)
2is guilty of a Class D felony. Upon conviction, the court shall impose a bifurcated
3sentence under s. 973.01 and, except as provided in subd. 2., the term of confinement
4in prison portion of the bifurcated sentence shall be at least 5 years.
AB97,2 5Section 2. 940.09 (1c) (a) 2. of the statutes is created to read:
AB97,2,106 940.09 (1c) (a) 2. If a person whose death was caused by the violation was in
7the vehicle operated by the convicted person at the time of the violation, the court
8may impose a sentence that is less than the sentence required under subd. 1. if the
9court finds that the best interests of the community will be served and the public will
10not be harmed, and if the court places its reasons on the record.
AB97,3 11Section 3. 940.09 (1c) (b) of the statutes is renumbered 940.09 (1c) (b) 1. and
12amended to read:
AB97,2,1713 940.09 (1c) (b) 1. A person who violates sub. (1) is guilty of a Class C felony if
14the person has one or more prior convictions, suspensions, or revocations, as counted
15under s. 343.307 (2). Upon conviction, the court shall impose a bifurcated sentence
16under s. 973.01 and, except as provided in subd. 2., the term of confinement in prison
17portion of the bifurcated sentence shall be at least 5 years.
AB97,4 18Section 4. 940.09 (1c) (b) 2. of the statutes is created to read:
AB97,2,2319 940.09 (1c) (b) 2. If a person whose death was caused by the violation was in
20the vehicle operated by the convicted person at the time of the violation, the court
21may impose a sentence that is less than the sentence required under subd. 1. if the
22court finds that the best interests of the community will be served and the public will
23not be harmed, and if the court places its reasons on the record.
AB97,5 24Section 5. Initial applicability.
AB97,3,4
1(1) This act first applies to violations committed on the effective date of this
2subsection, but does not preclude the counting of other convictions, suspensions, or
3revocations as prior convictions, suspensions, or revocations for purposes of
4administrative action by the department of transportation or sentencing by a court.
AB97,3,55 (End)
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