JEO:jlg&kaf:km
1997 - 1998 LEGISLATURE
December 2, 1997 - Introduced by Representatives Nass, Dobyns, Jeskewitz, Gard,
Musser, Vrakas, F. Lasee, Ziegelbauer, Hoven, Staskunas, Lazich, Green,
Seratti, Ladwig, Porter, Ainsworth, Zukowski, Skindrud, Hasenohrl,
Brandemuehl and Powers, cosponsored by Senators Fitzgerald,
Grobschmidt, Zien, Farrow, A. Lasee, Roessler, Huelsman and Schultz.
Referred to Committee on Criminal Justice and Corrections.
AB644,1,3
1An Act to renumber and amend 943.10 (1) (e);
to amend 943.10 (1) (a) and
2943.10 (2) (intro.); and
to create 943.10 (1m) of the statutes;
relating to:
3burglary and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person is guilty of burglary if he or she intentionally enters
a building, dwelling or certain other places without the consent of the person in
lawful possession of the building, dwelling or other place and with intent to steal or
commit a felony in the building, dwelling or other place. A person convicted of
burglary may be fined not more than $10,000 or imprisoned for not more than 10
years or both. In addition, under current law a person commits aggravated burglary
if he or she commits a burglary while armed, commits a battery during a burglary
against a person lawfully inside the building, dwelling or other place, or uses
explosives during a burglary to open a depository in the building, dwelling or other
place. A person convicted of aggravated burglary may be imprisoned for not more
than 40 years.
This bill increases the maximum prison term from 10 years to 20 years for
burglary of a dwelling, motor home or trailer home, regardless of whether any person
is living in the dwelling, motor home or trailer home at the time of the burglary. The
bill does not change the maximum fine of $10,000 for the offense and does not change
the penalty for committing an aggravated burglary of a dwelling, motor home or
trailer home.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB644, s. 1
1Section
1. 943.10 (1) (a) of the statutes is amended to read:
AB644,2,22
943.10
(1) (a) Any building
or dwelling; or
AB644, s. 2
3Section
2. 943.10 (1) (e) of the statutes is renumbered 943.10 (1m) (b) and
4amended to read:
AB644,2,65
943.10
(1m) (b) A motor home or other motorized type of home or a trailer home,
6whether or not any person is living in any such home
; or.
AB644, s. 3
7Section
3. 943.10 (1m) of the statutes is created to read:
AB644,2,108
943.10
(1m) Whoever intentionally enters any of the following places without
9the consent of the person in lawful possession and with intent to steal or commit a
10felony in such place is guilty of a Class BC felony:
AB644,2,1111
(a) Any dwelling, whether or not any person is living in the dwelling.
AB644,2,1212
(c) A room within any of the above.
AB644, s. 4
13Section
4. 943.10 (2) (intro.) of the statutes is amended to read:
AB644,2,1514
943.10
(2) (intro.) Whoever violates sub. (1)
or (1m) under any of the following
15circumstances is guilty of a Class B felony:
AB644,2,1817
(1) This act applies to offenses committed on or after the effective date of this
18subsection.
