AB480: Bill Text

LRB-0014/1

PJH:jld:jf

2009 - 2010 LEGISLATURE

2009 Assembly BILL 480

October 6, 2009 - Introduced by Representatives Berceau, Roys, Black, Sinicki, Dexter, Grigsby, Pasch, Toles and Parisi, cosponsored by Senators Coggs, Hansen and Taylor. Referred to Committee on Corrections and the Courts.

AB480,1,3 An Act to amend 814.04 (intro.); and to create 893.583 and 895.437 of the statutes; relating to: creating a civil cause of action for acts of violence motivated by gender.

Analysis by the Legislative Reference Bureau

This bill creates a civil cause of action for a person who suffers physical, emotional, or economic harm as a result of a gender-based act. Under the bill, a gender-based act is an act that is committed, at least in part, on the basis of the victim's gender or a physical intrusion that is sexual in nature and that the actor commits under coercive conditions.

Under the bill, a victim must commence a civil action against the actor within seven years after the gender-based act occurs or, if the victim is under the age of 18, within seven years after the victim's 18th birthday. A victim who prevails in a civil action for a gender-based act may recover damages for emotional distress, punitive damages, and investigation or litigation costs, including attorney fees.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB480, s. 1 Section 1. 814.04 (intro.) of the statutes, as affected by 2009 Wisconsin Act 20, is amended to read:

AB480,2,5 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m) (b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 111.397 (2) (a), 115.80 (9), 281.36 (2) (b) 1., 767.553 (4) (d), 769.313, 802.05, 814.245, 895.035 (4), 895.437 (4), 895.443 (3), 895.444 (2), 895.445 (3), 895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3), when allowed costs shall be as follows:

AB480, s. 2 Section 2. 893.583 of the statutes is created to read:

AB480,2,10 893.583 Gender-based harm. Notwithstanding ss. 893.16, 893.54, and 893.57, an action under s. 895.437 shall be commenced within 7 years after the cause of action accrues or, if the victim is under the age of 18 at the time the cause of action accrues, within 7 years of the victim's 18th birthday, or be barred.

AB480, s. 3 Section 3. 895.437 of the statutes is created to read:

AB480,2,12 895.437 Gender-based harm; action for. (1) In this section:

AB480,2,13 (a) "Gender-based act" means either of the following:

AB480,2,14 1. An act that is committed, at least in part, on the basis of the victim's gender.

AB480,2,16 2. A physical intrusion or invasion of a sexual nature that the actor commits under coercive conditions.

AB480,2,18 (b) "Victim" means a person against whom a gender-based act has been committed.

AB480,2,21 (2) A victim has a cause of action for injunctive relief and for damages, as provided in sub. (4), against the person who commits a gender-based act that results in a physical injury, emotional distress, or damage to or loss of property to the victim.

AB480,2,24 (3) The burden of proof in a civil action under sub. (2) rests with the victim to prove that the defendant committed a gender-based act and that the victim suffered harm as a result of the act by a preponderance of the credible evidence.

AB480,3,4 (4) If the plaintiff prevails in a civil action under sub. (2), he or she may recover special and general damages, including damages for emotional distress; punitive damages; and costs, including all reasonable attorney fees and other costs of the investigation and litigation that were reasonably incurred.

AB480,3,10 (5) A person may bring a civil action under sub. (2) regardless of whether there has been a criminal action related to the gender-based act and regardless of the outcome of any such criminal action. If there is a final judgment or decree rendered in favor of the state in any criminal proceeding against the defendant, a defendant may not deny the essential allegations of the criminal offense in any action under this section.

AB480,3,12 (6) This section does not limit the right of a person to recover from any parent or parents under s. 895.035.

AB480,3,13 (End)