LRB-0033/1
MGD&RPN:kmg:rs
2001 - 2002 LEGISLATURE
April 3, 2001 - Introduced by Representatives F. Lasee, Ryba, Musser, Nass, Wade,
Lassa, Krawczyk, Ladwig, Albers, Vrakas, Gunderson, Powers, Ott, Bies,
Kreibich and Sykora, cosponsored by Senators Lazich, Darling and A. Lasee.
Referred to Committee on Criminal Justice.
AB280,1,3
1An Act to renumber 941.325;
to amend 938.78 (3) and 941.325 (title); and
to
2create 939.66 (8) and 941.325 (2) of the statutes;
relating to: placing bodily
3substances in edibles and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from placing objects, drugs, or other substances
in candy or other liquid or solid edibles with the intent to cause bodily harm to
another person. A person who violates this prohibition may be fined not more than
$10,000 or imprisoned for not more than five years or both.
This bill prohibits a person from placing blood, saliva, urine, feces, or other
bodily substances in candy or other liquid or solid edibles with the intent that the
blood, saliva, urine, feces, or other bodily substances be consumed by another person
without that other person's knowledge. The bill does not require that a person who
violates this prohibition have the intent to cause bodily harm to another person. A
person who violates the prohibition created in the bill may be fined not more than
$10,000 or imprisoned for not more than nine months or both. The bill also provides
that a person may be convicted and punished for violating either the prohibition in
current law or the prohibition created in the bill, but not both.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB280, s. 1
1Section
1. 938.78 (3) of the statutes is amended to read:
AB280,2,212
938.78
(3) If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s.
3938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats.,
4or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s.
5941.10, 941.11, 941.20, 941.21, 941.23, 941.235, 941.237, 941.24, 941.26, 941.28,
6941.295, 941.298, 941.30, 941.31, 941.32, 941.325
(1), 943.02, 943.03, 943.04, 943.10
7(2) (a), 943.23 (1g), (1m) or (1r), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055,
8948.60, 948.605 or 948.61 or any crime specified in ch. 940 has escaped from a secured
9correctional facility, child caring institution, secured group home, inpatient facility,
10as defined in s. 51.01 (10), secure detention facility or juvenile portion of a county jail,
11or from the custody of a peace officer or a guard of such a facility, institution or jail,
12or has been allowed to leave a secured correctional facility, child caring institution,
13secured group home, inpatient facility, secure detention facility or juvenile portion
14of a county jail for a specified time period and is absent from the facility, institution,
15home or jail for more than 12 hours after the expiration of the specified period, the
16department or county department having supervision over the juvenile may release
17the juvenile's name and any information about the juvenile that is necessary for the
18protection of the public or to secure the juvenile's return to the facility, institution,
19home or jail. The department of corrections shall promulgate rules establishing
20guidelines for the release of the juvenile's name or information about the juvenile to
21the public.
AB280, s. 2
22Section
2. 939.66 (8) of the statutes is created to read:
AB280,2,2423
939.66
(8) The crime specified in s. 941.325 (2) when the crime charged is
24specified in s. 941.325 (1).
AB280, s. 3
25Section
3. 941.325 (title) of the statutes is amended to read:
AB280,3,1
1941.325 (title)
Placing foreign objects or bodily substances in edibles.
AB280, s. 4
2Section
4. 941.325 of the statutes is renumbered 941.325 (1).
AB280, s. 5
3Section
5. 941.325 (2) of the statutes is created to read:
AB280,3,74
941.325
(2) Whoever places blood, saliva, urine, feces, or other bodily
5substances in candy or other liquid or solid edibles with the intent that the blood,
6saliva, urine, feces, or other bodily substances be consumed by another person
7without that other person's knowledge is guilty of a Class A misdemeanor.
AB280,3,109
(1) This act first applies to offenses occurring on the effective date of this
10subsection.
