LRB-3869/1
GMM&RLR:wlj:jf
2001 - 2002 LEGISLATURE
November 8, 2001 - Introduced by Representatives Musser, Ainsworth, Gundrum,
Bies, Ryba, Freese, Ladwig, Albers, Nass, Townsend, Vrakas, Owens, Ott,
Krawczyk, Pettis
and Stone, cosponsored by Senators Hansen, Darling and
Welch. Referred to Committee on Judiciary.
AB620,1,6 1An Act to amend 301.048 (2) (bm) 1. a., 938.183 (1) (a), 938.183 (1m) (c) 1.,
2938.183 (1m) (c) 2., 939.635 (1), 939.635 (2) (b) and 969.08 (10) (b) of the
3statutes; relating to: a mandatory minimum sentence for a juvenile who is
4convicted of throwing a bodily substance at or toward a person while placed in
5a secured correctional facility, a secure detention facility, a secured child caring
6institution, or a secured group home and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, subject to certain exceptions, a juvenile who is alleged to
have violated a criminal law is subject to the exclusive original jurisdiction of the
court assigned to exercise jurisdiction under the juvenile justice code (juvenile court).
For certain violations, however, including any of the following committed while a
juvenile is placed in a secured correctional facility, a secure detention facility, a
secured child caring institution, or a secured group home, the juvenile who is alleged
to have committed the violation is subject to the exclusive original jurisdiction of a
court of criminal jurisdiction (adult court):
1. Assault, that is, placing another person in apprehension of an immediate
battery that is likely to cause death or great bodily harm or confining or restraining
another person without that person's consent.
2. Battery, that is, intentionally causing bodily harm to another person without
that person's consent.

3. Throwing a bodily substance such as blood, semen, urine, or feces at or
toward a person without the person's consent, with intent that the substance come
into contact with the person, and with intent to cause bodily harm to the person or
to abuse, harass, offend, intimidate, or frighten the person.
If, at the juvenile's preliminary examination, the adult court finds probable
cause to believe that the juvenile has committed the alleged violation, the adult court
must retain jurisdiction over the juvenile, rather than transfer jurisdiction to the
juvenile court, unless the juvenile proves that, if convicted, the juvenile could not
receive adequate treatment in the criminal justice system, that transferring
jurisdiction would not depreciate the seriousness of the offense, and that retaining
jurisdiction is not necessary as a deterrent. If the adult court convicts the juvenile
of committing assault or battery while placed in a secured correctional facility, a
secure detention facility, a secured child caring institution, or a secured group home,
the adult court must sentence the juvenile to a mandatory minimum period of
imprisonment (consisting of a term of confinement and a term of extended
supervision) of not less than five years in the case of assault and of not less than three
years in the case of battery, unless the adult court finds that a lesser sentence would
not depreciate the seriousness of the offense and is not necessary as a deterrent.
Current law permits an adult court to sentence a juvenile to a period of imprisonment
of not more than two years for throwing a bodily substance at or toward another
person while placed in a secured correctional facility, a secure detention facility, a
secured child caring institution, or a secured group home, but does not provide for
a mandatory minimum period of imprisonment for that violation.
This bill requires an adult court that convicts a juvenile of throwing a bodily
substance at or toward another person while placed in a secured correctional facility,
a secure detention facility, a secured child caring institution, or a secured group home
to sentence the juvenile to a mandatory minimum period of imprisonment of two
years.
For further information see the state and local 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:
AB620, s. 1 1Section 1. 301.048 (2) (bm) 1. a. of the statutes is amended to read:
AB620,3,32 301.048 (2) (bm) 1. a. A crime specified in s. 940.01, 940.02, 940.03, 940.05,
3940.06, 940.08, 940.09, 940.10, 940.19 (3), (4) or (5), 940.195 (3), (4) or (5), 940.20,
4940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.285 (2) (a) 1. or 2., 940.29,
5940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20
6(2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04,

1943.06, 943.10 (2), 943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.43 (1m) or (2m),
2947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08, or
3948.30.
AB620, s. 2 4Section 2. 938.183 (1) (a) of the statutes is amended to read:
AB620,3,95 938.183 (1) (a) A juvenile who has been adjudicated delinquent and who is
6alleged to have violated s. 940.20 (1) or 946.43 (1m) or (2m) while placed in a secured
7correctional facility, a secure detention facility, a secured child caring institution or
8a secured group home or who has been adjudicated delinquent and who is alleged to
9have committed a violation of s. 940.20 (2m).
AB620, s. 3 10Section 3. 938.183 (1m) (c) 1. of the statutes is amended to read:
AB620,3,1811 938.183 (1m) (c) 1. The court of criminal jurisdiction finds that the juvenile has
12committed a lesser offense or a joined offense that is not a violation of s. 940.20 (1)
13or (2m) or 946.43 (1m) or (2m) under the circumstances described in sub. (1) (a), that
14is not an attempt to violate s. 940.01 under the circumstances described in sub. (1)
15(am), that is not a violation of s. 940.02 or 940.05 under the circumstances described
16in sub. (1) (am), and that is not an offense for which the court assigned to exercise
17jurisdiction under this chapter and ch. 48 may waive its jurisdiction over the juvenile
18under s. 938.18.
AB620, s. 4 19Section 4. 938.183 (1m) (c) 2. of the statutes is amended to read:
AB620,4,520 938.183 (1m) (c) 2. The court of criminal jurisdiction finds that the juvenile has
21committed a lesser offense or a joined offense that is a violation of s. 940.20 (1) or (2m)
22or 946.43 (1m) or (2m) under the circumstances described in sub. (1) (a), that is an
23attempt to violate s. 940.01 under the circumstances described in sub. (1) (am), that
24is a violation of s. 940.02 or 940.05 under the circumstances described in sub. (1) (am),
25or that is an offense for which the court assigned to exercise jurisdiction under this

1chapter and ch. 48 may waive its jurisdiction over the juvenile under s. 938.18 and
2the court of criminal jurisdiction, after considering the criteria specified in s. 938.18
3(5), determines that the juvenile has proved by clear and convincing evidence that
4it would be in the best interests of the juvenile and of the public to adjudge the
5juvenile to be delinquent and impose a disposition specified in s. 938.34.
AB620, s. 5 6Section 5. 939.635 (1) of the statutes is amended to read:
AB620,4,227 939.635 (1) Except as provided in sub. (2), if a person who has been adjudicated
8delinquent is convicted of violating s. 940.20 (1) while placed in a secured correctional
9facility, as defined in s. 938.02 (15m), a secure detention facility, as defined in s.
10938.02 (16), a secured child caring institution, as defined in s. 938.02 (15g), or a
11secured group home, as defined in s. 938.02 (15p), or is convicted of violating s. 940.20
12(2m), the court shall sentence the person to not less than 3 years of imprisonment.
13Except as provided in sub. (2), if a person is convicted of violating s. 946.43 (1m) while
14placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure
15detention facility, as defined in s. 938.02 (16), a secured child caring institution, as
16defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), the
17court shall sentence the person to not less than 5 years of imprisonment. Except as
18provided in sub. (2), if a person is convicted of violating s. 946.43 (2m) while placed
19in a secured correctional facility, as defined in s. 938.02 (15m), a secure detention
20facility, as defined in s. 938.02 (16), a secured child caring institution, as defined in
21s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p), the court shall
22sentence the person to 2 years of imprisonment.
AB620, s. 6 23Section 6. 939.635 (2) (b) of the statutes is amended to read:
AB620,5,524 939.635 (2) (b) That imposing the applicable presumptive minimum sentence
25specified in sub. (1) is not necessary to deter the person or other persons from

1committing violations of s. 940.20 (1) or 946.43 (1m) or (2m) or other similar offenses
2while placed in a secured correctional facility, as defined in s. 938.02 (15m), a secure
3detention facility, as defined in s. 938.02 (16), or a secured child caring institution,
4as defined in s. 938.02 (15g), or a secured group home, as defined in s. 938.02 (15p),
5or from committing violations of s. 940.20 (2m).
AB620, s. 7 6Section 7. 969.08 (10) (b) of the statutes is amended to read:
AB620,5,137 969.08 (10) (b) "Serious crime" means any crime specified in s. 346.62 (4),
8940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195
9(5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25,
10940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30,
11941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10,
12943.23 (1g), (1m) or (1r), 943.30, 943.32, 946.01, 946.02, 946.43 (1m) or (2m), 947.015,
13948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07 , or 948.30.
AB620, s. 8 14Section 8. Initial applicability.
AB620,5,1615 (1) Throwing of bodily substances in juvenile facility. This act first applies
16to offenses committed on the effective date of this subsection.
AB620,5,1717 (End)
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