LRB-0624/1
JEO:mfd:km
1997 - 1998 LEGISLATURE
April 11, 1997 - Introduced by Representatives Seratti, Hoven, Green, Ladwig,
Freese, Albers, Ott, Urban, Porter, Owens, Ward, Kreibich, Cullen, Lazich,
Hasenohrl, Walker, Gunderson and Ryba, cosponsored by Senators Wirch,
Drzewiecki, Breske, Buettner, Zien and Rosenzweig. Referred to Committee
on Aging and Long-Term Care.
AB278,1,2
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 62 years of age or older). Under the bill, the
maximum period of imprisonment for a violent felony is increased by 5 years if the
violent felony is committed against an elder person in the elder person's residence.
Under the bill, "violent felony" includes felony battery, sexual assault, reckless injury
and robbery.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB278, s. 1
3Section
1. 939.647 of the statutes is created to read:
AB278,1,5
4939.647 Increased penalty; violent felony committed against elder
5person. (1) In this section:
AB278,1,66
(a) "Elder person" means any individual who is 62 years of age or older.
AB278,2,2
1(b) "Violent felony" means any felony under s. 940.19 (2), (3), (4), (5) or (6),
2940.225 (1), (2) or (3), 940.23 or 943.32.
AB278,2,5
3(2) If a person commits a violent felony in the victim's residence and the victim
4of the violent felony is an elder person, the maximum period of imprisonment is
5increased by 5 years.
AB278,2,7
6(3) Subsection (2) applies even if the person mistakenly believed that the victim
7had not attained the age of 62 years.
AB278,2,10
8(4) This section provides for the enhancement of the penalties applicable for
9the underlying crime. The court shall direct that the trier of fact find a special verdict
10as to all of the issues specified in sub. (2).
AB278,2,1212
(1) This act first applies to acts occurring on the effective date of this subsection.
