LRB-2305/1
JEO:wlj:jf
1999 - 2000 LEGISLATURE
August 17, 1999 - Introduced by Senator Burke, cosponsored by Representative
Sinicki. Referred to Committee on Judiciary and Consumer Affairs.
SB219,1,3
1An Act to amend 949.03 (1) (b), 971.37 (1m) (a) 3. and 973.055 (1) (b); and
to
2create 948.045 of the statutes;
relating to: committing domestic abuse in the
3presence of a child and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from causing bodily harm or mental harm to a
child. This bill prohibits a person from committing an act of domestic abuse in a place
where or in a manner in which the act is observable by or in the presence of a child.
To be subject to the penalty provided by the bill the person must know or have reason
to know that the act of domestic abuse is observable by or in the presence of a child.
The acts of domestic abuse covered by the bill include intentional infliction of
physical pain, physical injury or illness, intentional impairment of physical
condition or sexual assault against a spouse or former spouse, an adult with whom
the person resides or formerly resided or an adult with whom the person has a child
in common. A person who violates the prohibition created in the bill may be fined
not more than $10,000 or imprisoned for not more than two years or both, if the
offense occurs before December 31, 1999, or may be fined not more than $10,000 or
imprisoned for not more than five years or both, if the offense occurs on or after
December 31, 1999.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB219, s. 1
1Section
1. 948.045 of the statutes is created to read:
SB219,2,6
2948.045 Committing domestic abuse in the presence of a child. (1) In
3this section, "domestic abuse" means any of the following acts engaged in by an adult
4person against his or her spouse or former spouse, against an adult with whom the
5person resides or formerly resided or against an adult with whom the person has a
6child in common:
SB219,2,77
(a) Intentional infliction of physical pain, physical injury or illness.
SB219,2,88
(b) Intentional impairment of physical condition.
SB219,2,99
(c) A violation of s. 940.225 (1), (2) or (3).
SB219,2,1110
(d) A physical act that may cause the other person reasonably to fear imminent
11engagement in the conduct described under par. (a), (b) or (c).
SB219,2,15
12(2) A person is guilty of a Class E felony if he or she commits an act of domestic
13abuse in a place where or in a manner in which the act is observable by or audible
14to a child or is in the presence of a child and he or she knows or has reason to know
15that the act is observable by or audible to a child or is in the presence of a child.
SB219, s. 2
16Section
2. 949.03 (1) (b) of the statutes is amended to read:
SB219,2,2217
949.03
(1) (b) The commission or the attempt to commit any crime specified in
18s. 346.62 (4), 346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08,
19940.09, 940.10, 940.19, 940.20, 940.201, 940.21, 940.22 (2), 940.225, 940.23, 940.24,
20940.25, 940.285, 940.29, 940.30, 940.305, 940.31, 940.32, 941.327, 943.02, 943.03,
21943.04, 943.10, 943.20, 943.23 (1g), (1m) or (1r), 943.32, 948.02, 948.025, 948.03,
22948.04,
948.045, 948.07, 948.095, 948.20, 948.30 or 948.51.
SB219, s. 3
23Section
3. 971.37 (1m) (a) 3. of the statutes is amended to read:
SB219,2,2524
971.37
(1m) (a) 3. A person accused of or charged with a violation of s. 813.12
25(8) (a)
or 948.045 (2).
SB219, s. 4
1Section
4. 973.055 (1) (b) of the statutes is amended to read:
SB219,3,32
973.055
(1) (b) The court convicts a person under s. 813.12 (8) (a)
or 948.045
3(2) or a
conforming municipal ordinance
conforming to s. 813.12 (8) (a) or 948.045 (2).
