LRB-2458/1
CMH:med&wlj:lmp
2011 - 2012 LEGISLATURE
September 7, 2011 - Introduced by Representatives Krug, Jacque, Bernard
Schaber, Brooks, Endsley, Kerkman, Ripp, Spanbauer and Zepnick. Referred
to Committee on Criminal Justice and Corrections.
AB246,1,4
1An Act to repeal 946.415 (2) (a);
to consolidate, renumber and amend
2946.415 (2) (intro.), (b) and (c); and
to amend 946.415 (title) of the statutes;
3relating to: resisting officer while armed with or threatening to use a
4dangerous weapon.
Analysis by the Legislative Reference Bureau
Under current law, an individual is guilty of a Class I felony if he or she, through
action or threat, resists arrest while armed with or threatening to use a weapon and
while retreating or remaining in a building or place. Under this bill, an individual
is guilty of a Class I felony if he or she, through action or threat, resists arrest while
armed with or threatening to use a weapon. A person who is convicted of a Class I
felony may be fined not more than $10,000, sentenced to a term of imprisonment of
up to three years and six months, or both.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB246, s. 1
5Section
1. 946.415 (title) of the statutes is amended to read:
AB246,1,7
6946.415 (title)
Failure to comply with Preventing officer's attempt to
7take person into custody while armed with or threatening to use a weapon.
AB246, s. 2
1Section
2. 946.415 (2) (intro.), (b) and (c) of the statutes are consolidated,
2renumbered 946.415 (2) and amended to read:
AB246,2,83
946.415
(2) Whoever intentionally
does all of the following is guilty of a Class
4I felony: (b) Retreats or remains in a building or place and, through action or threat,
5attempts to prevent
the an officer from
lawfully taking him or her into custody
. (c)
6While acting under pars. (a) and (b),
if he or she remains or becomes armed with a
7dangerous weapon
, or threatens to use a dangerous weapon regardless of whether
8he or she has a dangerous weapon
, is guilty of a Class I felony.
AB246, s. 3
9Section
3. 946.415 (2) (a) of the statutes is repealed.
