LRB-0868/1
RPN&MGD:jld:km
2001 - 2002 LEGISLATURE
April 24, 2001 - Introduced by Representatives Schneider, Wade and Berceau.
Referred to Committee on Criminal Justice.
AB349,1,4 1An Act to renumber 940.19 (1); to amend 48.685 (2) (bb), 50.065 (2) (bb),
2939.632 (1) (e) 3. and 940.225 (5) (b) 1.; and to create 940.19 (1) (b) of the
3statutes; relating to: a defense to criminal liability for battery in certain
4circumstances.
Analysis by the Legislative Reference Bureau
Under current law, a person who causes bodily harm to another by an act done
with intent to cause bodily harm to that person or another without the consent of the
person so harmed is guilty of simple battery and may be fined not more than $10,000
or imprisoned for not more than nine months or both.
Current law also provides various defenses to a person charged with
committing a crime, including the crime of simple battery. The defense that applies
most commonly to battery is self-defense or the defense of another, under which a
person may use force against another for the purpose of preventing or terminating
what the person reasonably believes to be an unlawful interference with his or her
person or some other person. A person who was acting in self-defense or defense of
another must be acquitted of the crime and thus may not be fined or imprisoned.
This bill provides a new defense to the crime of simple battery. Under the bill,
a person charged with simple battery has a defense against the charge if: 1) the
victim of the defendant's simple battery had first committed an act of domestic abuse;
2) the defendant is a relative of the person against whom the act of domestic abuse
was committed; and 3) the defendant's simple battery was in response to the act of
domestic abuse. For purposes of the bill, "domestic abuse" means a simple battery

or an act of stalking by an adult person against his or her spouse or against an adult
with whom the person resides. The relatives who may raise this defense include a
parent, grandparent, brother, sister, aunt, uncle, and first cousin of a victim of an act
of domestic abuse. A person who was acting under the defense created in the bill
must be acquitted of the simple battery and thus may not be fined or imprisoned.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB349, s. 1 1Section 1. 48.685 (2) (bb) of the statutes is amended to read:
AB349,2,182 48.685 (2) (bb) If information obtained under par. (am) or (b) 1. indicates a
3charge of a serious crime, but does not completely and clearly indicate the final
4disposition of the charge, the department, county department, child welfare agency,
5school board or entity shall make every reasonable effort to contact the clerk of courts
6to determine the final disposition of the charge. If a background information form
7under sub. (6) (a) or (am) indicates a charge or a conviction of a serious crime, but
8information obtained under par. (am) or (b) 1. does not indicate such a charge or
9conviction, the department, county department, child welfare agency, school board
10or entity shall make every reasonable effort to contact the clerk of courts to obtain
11a copy of the criminal complaint and the final disposition of the complaint. If
12information obtained under par. (am) or (b) 1., a background information form under
13sub. (6) (a) or (am) or any other information indicates a conviction of a violation of
14s. 940.19 (1) (a), 940.195, 940.20, 941.30, 942.08, 947.01 or 947.013 obtained not more
15than 5 years before the date on which that information was obtained, the
16department, county department, child welfare agency, school board or entity shall
17make every reasonable effort to contact the clerk of courts to obtain a copy of the
18criminal complaint and judgment of conviction relating to that violation.
AB349, s. 2 19Section 2. 50.065 (2) (bb) of the statutes is amended to read:
AB349,3,15
150.065 (2) (bb) If information obtained under par. (am) or (b) indicates a charge
2of a serious crime, but does not completely and clearly indicate the final disposition
3of the charge, the department or entity shall make every reasonable effort to contact
4the clerk of courts to determine the final disposition of the charge. If a background
5information form under sub. (6) (a) or (am) indicates a charge or a conviction of a
6serious crime, but information obtained under par. (am) or (b) does not indicate such
7a charge or conviction, the department or entity shall make every reasonable effort
8to contact the clerk of courts to obtain a copy of the criminal complaint and the final
9disposition of the complaint. If information obtained under par. (am) or (b), a
10background information form under sub. (6) (a) or (am) or any other information
11indicates a conviction of a violation of s. 940.19 (1) (a), 940.195, 940.20, 941.30,
12942.08, 947.01 or 947.013 obtained not more than 5 years before the date on which
13that information was obtained, the department or entity shall make every
14reasonable effort to contact the clerk of courts to obtain a copy of the criminal
15complaint and judgment of conviction relating to that violation.
AB349, s. 3 16Section 3. 939.632 (1) (e) 3. of the statutes is amended to read:
AB349,3,1817 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1) (a), 940.225 (3m), 940.32
18(2), 940.42, 940.44, 941.20 (1), 941.23, 941.235, 941.24 or 941.38 (3).
AB349, s. 4 19Section 4. 940.19 (1) of the statutes is renumbered 940.19 (1) (a).
AB349, s. 5 20Section 5. 940.19 (1) (b) of the statutes is created to read:
AB349,3,2121 940.19 (1) (b) 1. In this paragraph:
AB349,3,2322 a. "Act of domestic abuse" means a violation of par. (a) or s. 940.32 by an adult
23person against his or her spouse or against an adult with whom the person resides.
AB349,3,2524 b. "Relative" means a parent, grandparent, brother, sister, aunt, uncle, or first
25cousin, whether the relationship is by blood, marriage, or adoption.
AB349,4,2
12. A defendant who proves all of the following by a preponderance of the
2evidence has a defense to prosecution under par. (a):
AB349,4,43 a. That the victim of the defendant's violation of par. (a) committed an act of
4domestic abuse.
AB349,4,65 b. That the defendant is a relative of the person against whom the victim
6committed the act of domestic abuse specified in subd. 2. a.
AB349,4,87 c. That the defendant's violation of par. (a) was in response to the victim's
8commission of the act of domestic abuse specified in subd. 2. a.
AB349, s. 6 9Section 6. 940.225 (5) (b) 1. of the statutes is amended to read:
AB349,4,1510 940.225 (5) (b) 1. Intentional touching by the complainant or defendant, either
11directly or through clothing by the use of any body part or object, of the complainant's
12or defendant's intimate parts if that intentional touching is either for the purpose of
13sexually degrading; or for the purpose of sexually humiliating the complainant or
14sexually arousing or gratifying the defendant or if the touching contains the
15elements of actual or attempted battery under s. 940.19 (1) (a).
AB349,4,1616 (End)
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