LRB-4104/2
JEO:kaf:ijs
1997 - 1998 LEGISLATURE
December 4, 1997 - Introduced by Representatives Dobyns, Hoven, Musser,
Hasenohrl, Green, Goetsch, Ladwig, Otte, Kaufert, Seratti, F. Lasee, Ryba,
Ourada, Gunderson and
Johnsrud, cosponsored by Senators Welch,
Rosenzweig, Drzewiecki and Darling. Referred to Committee on Criminal
Justice and Corrections.
AB648,1,2
1An Act to amend 302.11 (1g) (a) 2., 939.62 (2m) (a) 2. and 973.0135 (1) (b) 2. of
2the statutes;
relating to: persistent serious felony offenders.
Analysis by the Legislative Reference Bureau
Under current law, a court must sentence certain 3-time serious felony
offenders to life imprisonment without the possibility of parole. Under this so-called
"3 strikes, you're out" law, an offender receives a life sentence without the possibility
of parole if he or she is being sentenced for a serious felony and he or she has 2 or more
previous convictions for serious felonies preceding the current serious felony
violation. To be covered under the "3-strikes, you're out" law, at least one of the prior
convictions must have occurred before the date of at least one of the other prior
serious felony violations. The serious felonies to which the "3 strikes, you're out" law
applies include offenses such as homicide, aggravated battery, sexual assault,
mayhem, kidnapping, taking hostages, arson, armed burglary, armed robbery,
carjacking, assault by a prisoner, certain crimes against children and serious
controlled substances violations.
Current law also provides that a person serving a sentence of imprisonment to
a state prison who is eligible for parole usually has 3 possible ways of being released
on parole: discretionary parole granted by the parole commission (for which a person
is usually eligible after serving 25% of the sentence or 6 months, whichever is
greater); mandatory release on parole (usually granted automatically after the
person serves two-thirds of the sentence); or special action parole release by the
secretary of corrections (a program designed to relieve prison crowding). However,
if a person is convicted of a serious felony and the person has a prior conviction for
a serious felony, a judge may set a discretionary parole eligibility date for the offender
that is later than 25% of the sentence or 6 months but not later than the mandatory
release date of two-thirds of the sentence. The serious felony offenses covered by this
parole provision are the same serious felonies covered by the "3 strikes, you're out"
law.
Finally, current law provides that certain serious felony offenders who are
serving a prison sentence need not be automatically released when they reach their
mandatory release dates. Instead, the parole commission may deny mandatory
release to such an offender in order to protect the public or because the offender
refused to participate in counseling or treatment. The serious felony offenses
covered by this restriction on mandatory release are the same serious felonies
covered by the "3 strikes, you're out" law.
This bill adds 3 crimes to the list of serious felonies covered by the "3 strikes,
you're out" law, the current provisions allowing a judge to set a discretionary parole
eligibility date and the current restriction on mandatory release. The crimes added
are battery by a prisoner, battery to a law enforcement officer or fire fighter and
battery to a probation and parole agent or aftercare agent.
For further information see the state 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:
AB648, s. 1
1Section
1. 302.11 (1g) (a) 2. of the statutes is amended to read:
AB648,2,62
302.11
(1g) (a) 2. Any felony under s. 940.02, 940.03, 940.05, 940.09 (1), 940.19
3(5),
940.20 (1), (2) or (2m), 940.21, 940.225 (1) or (2), 940.305 (2), 940.31 (1) or (2) (b),
4943.02, 943.10 (2), 943.23 (1g) or (1m), 943.32 (2), 946.43, 948.02 (1) or (2), 948.025,
5948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, 948.30 (2), 948.35 (1) (b) or (c) or
6948.36.
AB648, s. 2
7Section
2. 939.62 (2m) (a) 2. of the statutes is amended to read:
AB648,2,128
939.62
(2m) (a) 2. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
9(1), 940.19 (5),
940.20 (1), (2) or (2m), 940.21, 940.225 (1) or (2), 940.305, 940.31,
10941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 946.43,
11948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, 948.30
12(2), 948.35 (1) (b) or (c) or 948.36.
AB648, s. 3
13Section
3. 973.0135 (1) (b) 2. of the statutes is amended to read:
AB648,3,5
1973.0135
(1) (b) 2. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
2(1), 940.19 (5),
940.20 (1), (2) or (2m), 940.21, 940.225 (1) or (2), 940.305, 940.31,
3941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.32 (2), 946.43,
4948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.06, 948.07, 948.08, 948.30
5(2), 948.35 (1) (b) or (c) or 948.36.
AB648,3,137
(1) This act first applies to violations of section 940.20 (1), (2) or (2m) of the
8statutes committed on the effective date of this subsection, but does not preclude the
9counting of previous convictions for violations of section 940.20 (1), (2) or (2m) of the
10statutes as prior serious felonies for sentencing a person as a persistent repeater
11under section 939.62 (2m) of the statutes, as affected by this act, or for making a
12determination of parole eligibility regarding the person under section 973.0135 of
13the statutes, as affected by this act.
