LRB-0948/1
PJH:eev:jm
2015 - 2016 LEGISLATURE
January 7, 2015 - Introduced by Representative J. Ott. Referred to Committee on
Judiciary.
AB7,1,2
1An Act to amend 939.66 (2) of the statutes;
relating to: lesser included
2homicide crimes.
Analysis by the Legislative Reference Bureau
Under current law, a person may be charged with, and prosecuted for, a number
of crimes related to the same conduct. However, a person may only be convicted of
the crime charged or an included crime, but not both. An included crime is generally
a crime that has the same or similar elements as the crime charged but is equally or
less serious, carries the same or a lower penalty, or requires a showing of negligence
or recklessness rather than intent. Current law states that, with regard to a
homicide conviction, an included crime may be "a crime which is a less serious type
of criminal homicide than the one charged."
In State of Wisconsin v. Patterson, 2010 WI 130, the Wisconsin Supreme Court
held that a less serious type of criminal homicide than the one charged must be
limited to homicide charges that are brought under the statutes proscribing
homicidal acts, and do not include charges that are brought under the statutes
proscribing other acts that may or may not result in the death of another person.
This bill amends the included homicide statute to reflect the holding in the
Patterson case.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB7,1
1Section
1. 939.66 (2) of the statutes is amended to read:
AB7,2,32
939.66
(2) A crime which
may be charged under subch. I of ch. 940 and which 3is a less serious type of criminal homicide than the one charged.
