LRB-5162/1
JEO:skg&kaf:kat
1995 - 1996 LEGISLATURE
March 18, 1996 - Introduced by Representatives Seratti, Silbaugh, Musser,
Kreibich, Ott, Gunderson, Lorge, Cullen, Wirch, Turner, Wasserman,
Gronemus, Hasenohrl and Olsen, cosponsored by Senators Drzewiecki,
Breske and Darling. Referred to Committee on Aging and Long-Term Care.
AB1040,1,2
1An Act to create 939.647 of the statutes;
relating to: committing certain violent
2crimes against an elder person and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law provides a number of penalty enhancement provisions to allow for
increased penalties whenever crimes are committed under specified circumstances.
This bill provides for an increased penalty for committing a violent felony against an
elder person (an individual who is 60 years of age or older). Under the bill, the
maximum period of imprisonment for a violent felony committed against an elder
person is increased by 3 years, except that if the violent felony is committed against
an elder person in the elder person's residence, the maximum period of imprisonment
is increased by 5 years. Under the bill, "violent felony" includes 2nd degree
intentional homicide, reckless homicide, felony murder, homicide or injury by
intoxicated use of a vehicle, felony battery, mayhem, sexual assault, reckless injury,
abuse of vulnerable adults, abuse and neglect of patients and residents of certain
facilities, kidnapping and robbery.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1040, s. 1
3Section
1. 939.647 of the statutes is created to read:
AB1040,1,5
4939.647 Increased penalty; violent felony committed against elder
5person. (1) In this section:
AB1040,1,66
(a) "Elder person" means any individual who is 60 years of age or older.
AB1040,2,5
1(b) "Violent felony" means any felony under s. 940.02, 940.03, 940.05, 940.06,
2940.09 (1) or (1g), 940.19 (2), (3), (4), (5) or (6), 940.20, 940.203, 940.205, 940.207,
3940.21, 940.225 (1), (2) or (3), 940.23, 940.25 (1), 940.285 (2), 940.29, 940.295 (3),
4940.30, 940.305 (2), 940.31 (1) or (2) (b), 941.32, 941.327 (2) (b) 1., 2. or 3., 943.32 or
5946.43.
AB1040,2,8
6(2) (a) Except as provided in par. (b), if a person commits a violent felony and
7the victim of the violent felony is an elder person, the maximum period of
8imprisonment is increased by 3 years.
AB1040,2,119
(b) If a person commits a violent felony in the victim's residence and the victim
10of the violent felony is an elder person, the maximum period of imprisonment is
11increased by 5 years.
AB1040,2,13
12(3) Subsection (2) applies even if the person mistakenly believed that the victim
13had not attained the age of 60 years.
AB1040,2,16
14(4) This section provides for the enhancement of the penalties applicable for
15the underlying crime. The court shall direct that the trier of fact find a special verdict
16as to all of the issues specified in sub. (2).
AB1040,2,1818
(1) This act first applies to acts occurring on the effective date of this subsection.
