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1999 - 2000 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 1999 ASSEMBLY BILL 169
September 23, 1999 - Offered by Representatives Kelso and Krug.
AB169-ASA2,1,3
1An Act to repeal 939.6215 (2);
to renumber and amend 939.6215 (title) and
2939.6215 (1); and
to create 939.6215 of the statutes;
relating to: domestic
3abuse and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB169-ASA2,1,8
5939.6215 Increased penalty for committing battery in the presence of
6a child. (1) If an adult person is convicted of a crime specified in s. 940.19 (2) to (6),
7940.20 (1m) or 940.201, the maximum term of imprisonment for the crime may be
8increased by not more than 5 years if all of the following apply:
AB169-ASA2,1,129
(a) The conduct constituting the crime involved an act by the adult person
10against his or her spouse or former spouse, against an adult with whom the adult
11person resides or formerly resided or against an adult with whom the adult person
12has a child in common.
AB169-ASA2,2,3
1(b) The conduct constituting the crime was committed in the presence of or was
2seen or heard by a minor who is a natural child, adopted child, foster child, treatment
3foster child or stepchild of the adult person or the victim.
AB169-ASA2,2,6
4(2) This section provides for the enhancement of the penalties applicable for
5the underlying crime. The court shall direct that the trier of fact find a special verdict
6as to all of the issues specified in sub. (1).
AB169-ASA2, s. 2
7Section
2. 939.6215 (title) of the statutes, as created by 1999 Wisconsin Act
8.... (this act), is renumbered 973.017 (4g) (title) and amended to read:
AB169-ASA2,2,109
973.017
(4g) (title)
Increased penalty for Aggravating factors; committing
10battery in the presence of a child.
AB169-ASA2, s. 3
11Section
3. 939.6215 (1) of the statutes, as created by 1999 Wisconsin Act ....
12(this act), is renumbered 973.017 (4g) and amended to read:
AB169-ASA2,2,1813
973.017
(4g) If When making a sentencing decision concerning an adult person
14is convicted of
a crime specified in
violating s. 940.19 (2) to (6), 940.20 (1m) or
15940.201, the
maximum term of imprisonment for the crime may be increased by not
16more than 5 years if all of the following apply court shall consider as an aggravating
17factor the fact that the violation was committed under all of the following
18circumstances:
AB169-ASA2,2,2219
(a) The conduct constituting the
crime violation involved an act by the adult
20person against his or her spouse or former spouse, against an adult with whom the
21adult person resides or formerly resided or against an adult with whom the adult
22person has a child in common.
AB169-ASA2,2,2523
(b) The conduct constituting the
crime violation was committed in the presence
24of or was seen or heard by a minor who is a natural child, adopted child, foster child,
25treatment foster child or stepchild of the adult person or the victim.
AB169-ASA2, s. 4
1Section
4. 939.6215 (2) of the statutes, as created by 1999 Wisconsin Act ....
2(this act), is repealed.
AB169-ASA2,3,94
(1)
Reconciliation provision. The repeal of section 939.6215 (2) of the statutes,
5as created by this act, the renumbering and amendment of section 939.6215 (title)
6and (1) of the statutes, as created by this act, and
Section 6 (1
), (2) and (3) of this act
7are void unless 1999 Assembly Bill 465 is enacted into law before July 1, 2000, and
8unless 1999 Assembly Bill 465 creates section 973.017 of the statutes in exactly the
9same form as it appears in section 757 of 1999 Assembly Bill 465.
AB169-ASA2, s. 6
10Section
6
.
Effective dates. This act takes effect on the day after publication,
11except as follows:
AB169-ASA2,3,1612
(1)
If 1999 Assembly Bill 465 has been enacted on or before the day after
13publication of this act and the day after publication of this act is on or before
14December 31, 1999, the repeal of section 939.6215 (2) of the statutes, as created by
15this act, and the renumbering and amendment of section 939.6215 (title) and (1) of
16the statutes, as created by this act, take effect on December 31, 1999.
AB169-ASA2,3,2117
(2)
If 1999 Assembly Bill 465 has been enacted on or before the day after
18publication of this act and the day after publication of this act is after December 31,
191999, the repeal of section 939.6215 (2) of the statutes, as created by this act, and the
20renumbering and amendment of section 939.6215 (title) and (1) of the statutes, as
21created by this act, take effect on the day after publication of this act.
AB169-ASA2,4,222
(3)
If 1999 Assembly Bill 465 is enacted after the day after publication of this
23act but before July 1, 2000, the repeal of section 939.6215 (2) of the statutes, as
24created by this act, and the renumbering and amendment of section 939.6215 (title)
25and (1) of the statutes, as created by this act, take effect on December 31, 1999, or
1on the date that the creation of section 973.017 of the statutes by 1999 Assembly Bill
2465 takes effect, whichever is later.
