LRB-1970/1
MGD:lmk:jf
2005 - 2006 LEGISLATURE
January 30, 2006 - Introduced by Representatives Strachota, Berceau, Kaufert,
Turner, McCormick, Nischke, Seidel, Montgomery, Jeskewitz, Ainsworth,
Sherman, Loeffelholz, Wasserman, Ballweg, Van Roy, Lothian, Lamb, Parisi,
Kreibich, Zepnick, Albers, Petrowski, Owens, Molepske, Ott, Lehman, Bies,
Gunderson, Hubler
and Kleefisch, cosponsored by Senators Stepp, Zien,
Lassa, S. Fitzgerald, Roessler, Kedzie, Miller, Brown, Olsen, Kanavas,
Lazich, Darling
and Risser. Referred to Committee on Judiciary.
AB953,1,3 1An Act to amend 940.225 (5) (ai) of the statutes; relating to: sexual intercourse
2or sexual contact with a person who is under the influence of alcohol beverages
3and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person is guilty of second degree sexual assault if, among
other things: 1) he or she has sexual contact or sexual intercourse with an individual
(victim) who is under the influence of an intoxicant; 2) as a result of the intoxicant's
effects, the victim is incapable of appraising the person's conduct; and 3) the person
knows of the victim's condition. In this context, current law defines "intoxicant" to
exclude an alcohol beverage, unless it has been combined with a controlled
substance, a controlled substance analog, or another drug. A person who commits
second degree sexual assault may be fined up to $100,000 or sentenced to a term of
imprisonment of up to 40 years, which, if the sentence is for more than one year,
includes a term of confinement and a term of extended supervision, or both. This bill
amends the definition of "intoxicant" so that it includes an alcohol beverage, without
regard for whether it is combined with a controlled substance, a controlled substance
analog, or another drug.
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:
AB953, s. 1
1Section 1. 940.225 (5) (ai) of the statutes is amended to read:
AB953,2,62 940.225 (5) (ai) "Intoxicant" means any alcohol beverage, controlled substance,
3controlled substance analog, or other drug, or any combination of a controlled
4substance, controlled substance analog or other drug or any combination of an
5alcohol beverage and a controlled substance, controlled substance analog or other
6drug. "Intoxicant" does not include any alcohol beverage
thereof.
AB953,2,77 (End)
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