LRB-1142/1
JEO:jlg:km
1999 - 2000 LEGISLATURE
January 19, 1999 - Introduced by Representatives Ladwig, Ziegelbauer,
Gronemus, Gunderson, Huebsch, F. Lasee, Musser, Nass, Owens, Porter,
Pettis, Ryba, Spillner, Stone, Suder and Turner, cosponsored by Senators
Fitzgerald, Huelsman and A. Lasee. Referred to Committee on Criminal
Justice.
AB37,1,2
1An Act to create 939.626 of the statutes;
relating to: burglary and providing
2a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person is guilty of burglary if he or she intentionally enters
a building, dwelling or certain other places without the consent of the person in
lawful possession of the building, dwelling or other place and with intent to steal or
commit a felony in the building, dwelling or other place. A person convicted of a
burglary committed before December 31, 1999, may be fined not more than $10,000
or imprisoned for not more than ten years or both, except that the person may be
imprisoned for not more than 40 years if he or she commits the burglary while armed,
commits a battery during the burglary on a person lawfully inside the building,
dwelling or other place, or uses explosives to open a depository in the building,
dwelling or other place. A person convicted of a burglary committed on or after
December 31, 1999, may be fined not more than $10,000 or imprisoned for not more
than 15 years or both, except that the person may be imprisoned for not more than
60 years if he or she commits the burglary while armed, commits a battery during
the burglary on a person lawfully inside the building, dwelling or other place, or uses
explosives to open a depository in the building, dwelling or other place.
This bill provides that the maximum prison term for burglary may be increased
by not more than five years if the place that is burglarized is a dwelling and if another
person was lawfully present in the dwelling at the time of the burglary.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB37, s. 1
1Section
1. 939.626 of the statutes is created to read:
AB37,2,4
2939.626 Increased penalty; burglary of an occupied dwelling. If a
3person is convicted of violating s. 943.10, the maximum term of imprisonment for the
4crime may be increased by not more than 5 years if all of the following apply:
AB37,2,5
5(1) The burglarized enclosure is a dwelling.
AB37,2,7
6(2) Another person was lawfully present in the dwelling at the time of the
7violation.
AB37,2,109
(1) This act applies to offenses committed on or after the effective date of this
10subsection.
