LRB-3177/1
PJH:klm
2015 - 2016 LEGISLATURE
October 13, 2015 - Introduced by Representatives Horlacher, Edming, Hutton,
Knodl, Kremer, T. Larson, Novak, Sanfelippo and Steffen, cosponsored by
Senators Wanggaard, Cowles, Gudex, Nass and Olsen. Referred to
Committee on Criminal Justice and Public Safety.
AB403,1,3 1An Act to amend 973.017 (3) (c); and to create 939.625 of the statutes; relating
2to:
Increasing prison terms upon conviction for gang-related crimes and
3creating a criminal penalty.
Analysis by the Legislative Reference Bureau
This bill creates an enhanced penalty for persons who are convicted of a crime
that a fact-finder determines to be gang-related. Under the bill, if a person is
convicted of a violation of the criminal code or of a violation related to a controlled
substance, and the violation was committed for the benefit of, at the direction of, or
in association with a criminal gang or committed with the intent to promote or
otherwise assist any criminal conduct by criminal gang members, the term of
imprisonment for the crime may be increased.
Under the bill, if the underlying offense is a misdemeanor, the court may
increase the maximum term of imprisonment for the misdemeanor by up to six
months. The court may increase the maximum term of imprisonment for a Class A
to Class D felony by up to five years, for a Class E to Class G felony by up to four years,
and for a Class H or Class I felony by up to three 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:
AB403,1
1Section 1. 939.625 of the statutes is created to read:
AB403,2,6 2939.625 Increased penalty for criminal gang crimes. (1) (a) If a person
3is convicted of a crime under chs. 939 to 948 or 961 committed for the benefit of, at
4the direction of, or in association with any criminal gang, with the specific intent to
5promote, further, or assist in any criminal conduct by criminal gang members, the
6penalties for the underlying crime are increased as provided in par. (b).
AB403,2,77 (b) If par. (a) applies:
AB403,2,108 1. The maximum term of imprisonment for a misdemeanor may be increased
9by not more than 6 months. This subdivision does not change the status of the crime
10from a misdemeanor to a felony.
AB403,2,1211 2. The maximum term of imprisonment for a Class A to Class D felony may be
12increased by not more than 5 years.
AB403,2,1413 3. The maximum term of imprisonment for a Class E to Class G felony may be
14increased by not more than 4 years.
AB403,2,1615 4. The maximum term of imprisonment for Class H or Class I felony may be
16increased by not more than 3 years.
AB403,2,20 17(2) The court shall direct that the trier of fact find a special verdict as to
18whether the underlying crime was committed for the benefit of, at the direction of,
19or in association with any criminal gang, with the specific intent to promote, further,
20or assist in any criminal conduct by criminal gang members.
AB403,2 21Section 2. 973.017 (3) (c) of the statutes is amended to read:
AB403,3,222 973.017 (3) (c) The fact that the person committed the crime for the benefit of,
23at the direction of, or in association with any criminal gang, as defined in s. 939.22
24(9), with the specific intent to promote, further, or assist in any criminal conduct by

1criminal gang members, as defined in s. 939.22 (9g). This paragraph does not apply
2to a sentence imposed pursuant to s. 939.625.
AB403,3,33 (End)
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