LRB-4608/1
JEO:jlg:jf
1997 - 1998 LEGISLATURE
March 2, 1998 - Introduced by Representatives Skindrud, Jensen, Hahn, Kelso
and Schafer, cosponsored by Senator Darling. Referred to Committee on
Criminal Justice and Corrections.
AB866,1,4
1An Act to create 939.622 of the statutes;
relating to: committing a serious sex
2crime while infected with human immunodeficiency virus, acquired
3immunodeficiency syndrome or a sexually transmitted disease and providing
4a penalty.
Analysis by the Legislative Reference Bureau
Current law provides various penalty enhancers that apply to persons who
commit particular crimes under certain circumstances. One such enhancer provides
that, if a person has one or more prior convictions for a serious sex crime and later
commits another serious sex crime, the court must sentence the person to not less
than 5 years' imprisonment and may not place the defendant on probation. The
serious sex crimes covered by this penalty enhancer are first and second degree
sexual assault (which involve nonconsensual sexual intercourse or sexual contact),
first and second degree sexual assault of a child and repeated sexual assault of a
child.
This bill provides that the maximum term of imprisonment for a serious sex
crime may be increased by not more than 5 years if the person who commits the
serious sex crime knows that he or she is infected with human immunodeficiency
virus, acquired immunodeficiency syndrome or a sexually transmitted disease.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB866, s. 1
1Section
1. 939.622 of the statutes is created to read:
AB866,2,4
2939.622 Committing a serious sex crime while infected with acquired
3immuno deficiency syndrome, HIV or a sexually transmitted disease.
(1) 4In this section:
AB866,2,65
(a) "HIV" means any strain of human immunodeficiency virus, which causes
6acquired immunodeficiency syndrome.
AB866,2,87
(b) "Serious sex crime" means a violation of s. 940.225 (1) or (2), 948.02 (1) or
8(2) or 948.025.
AB866,2,99
(c) "Sexually transmitted disease" means syphilis, gonorrhea or chlamydia.
AB866,2,13
10(2) The maximum term of imprisonment for a serious sex crime may be
11increased by not more than 5 years if all of the following apply to the person convicted
12of committing the serious sex crime at the time that he or she commits the serious
13sex crime:
AB866,2,1614
(a) The person has a sexually transmitted disease or acquired
15immunodeficiency syndrome or has had a positive test for the presence of HIV,
16antigen or nonantigenic products of HIV or an antibody to HIV.
AB866,2,1917
(b) The person knows that he or she has a sexually transmitted disease or
18acquired immunodeficiency syndrome or that he or she has had a positive test for the
19presence of HIV, antigen or nonantigenic products of HIV or an antibody to HIV.
AB866,2,22
20(3) This section provides for the enhancement of the maximum term of
21imprisonment provided for the underlying crime. The court shall direct that the trier
22of fact find a special verdict as to all of the issues specified in sub. (2).
AB866,3,2
1(1) This act first applies to serious sex crimes committed on the effective date
2of this subsection.
