LRB-3865/1
MGD:jld:jf
2005 - 2006 LEGISLATURE
April 3, 2006 - Introduced by Representatives Zepnick, Staskunas, Young and
Sinicki, cosponsored by Senators Coggs and
Wirch. Referred to Committee on
Criminal Justice and Homeland Security.
AB1166,1,2
1An Act to create 940.208 of the statutes;
relating to: threatening or committing
2battery against certain employees of 1st class cities and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who intentionally causes bodily harm to another
without the other person's consent commits the crime of ordinary battery. A person
convicted of ordinary battery may be fined not more than $10,000 or imprisoned for
not more than nine months or both. Current law provides more severe penalties for
battery committed under certain circumstances against certain government
officials, employees, and agents. Current law also prohibits threatening to cause
bodily harm to some of those individuals under certain circumstances. The
circumstances under which the more severe penalties for battery apply, the severity
of the penalties, and whether the prohibition on threats applies depend on the
position held by the government official, agent, or employee.
Among those covered under these "special circumstances battery" provisions
are law enforcement officers and fire fighters. If a person intentionally causes bodily
harm to a law enforcement officer or fire fighter under the following circumstances,
the person may be fined not more than $10,000 or sentenced to a term of
imprisonment of not more than three and one-half years or both: 1) the actor knows
or has reason to know that the victim is a law enforcement officer or fire fighter; 2)
the victim is acting in his or her capacity; and 3) the victim does not consent to the
harm.
Under this bill, if a person intentionally causes bodily harm or threatens to
cause bodily harm to an employee of a first class city, other than a law enforcement
officer or fire fighter, under the following circumstances, the person may be fined not
more than $10,000 or sentenced to a term of imprisonment of not more than six years
or both: 1) the actor knows or should know that the victim is an employee of a 1st class
city; 2) the victim was enforcing state, county, or city laws, ordinances, or rules at the
time of the act or threat or the act or threat is in response to any such enforcement
activity; and 3) the victim does not consent to the harm or threat. As in other felony
cases, if a person is convicted of this offense and the sentence is for more than one
year, it must consist of a term of confinement followed by a term of extended
supervision.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
AB1166, s. 1
1Section
1. 940.208 of the statutes is created to read:
AB1166,2,4
2940.208 Battery or threat to employee of 1st class city. (1) In this section,
3"employee of a 1st class city" does not include a fire fighter, as defined in s. 102.475
4(8) (b), or a law enforcement officer, as defined in s. 102.475 (8) (c).
AB1166,2,7
5(2) Whoever intentionally causes bodily harm or threatens to cause bodily
6harm to an employee of a 1st class city under all of the following circumstances is
7guilty of a Class H felony:
AB1166,2,98
(a) At the time of the act or threat, the actor knows or should know that the
9victim is an employee of a 1st class city.
AB1166,2,1210
(b) The victim is enforcing state, county, or city laws, ordinances, or rules at the
11time of the act or threat or the act or threat is in response to any such enforcement
12activity.
AB1166,2,1313
(c) There is no consent by the victim.
