LRB-3654/1
MGD:jld:rs
2005 - 2006 LEGISLATURE
February 14, 2006 - Introduced by Representatives Young, Albers, Musser, Ott,
Turner and Kreuser, cosponsored by Senators Coggs and
A. Lasee. Referred
to Committee on Criminal Justice and Homeland Security.
AB1018,1,3
1An Act to amend 973.01 (2) (c) 2. a.; and
to create 939.627 of the statutes;
2relating to: penalties for certain crimes committed by three or more persons
3and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, the maximum term of imprisonment for certain types of
sexual assault increases if the offender is aided or abetted by one or more other
persons. For other crimes, however, penalties do not depend on the number of people
committing them.
Under this bill, if a person commits one of a number of specified crimes and is
aided or abetted by two or more other persons, the maximum term of imprisonment
for that crime is increased by five years. In addition, the crime becomes a felony if
it would ordinarily have been a misdemeanor. The crimes covered by this bill include
most forms of homicide; various forms of battery; mayhem; sexual assault; taking
hostages and kidnapping; the felony versions of intimidating a witness and
intimidating a victim; disarming a police officer; recklessly endangering another
person's safety; obstructing emergency or rescue personnel; certain offenses relating
to criminal gang activity; certain sex offenses against children; physical abuse of a
child; contributing to the delinquency of a child; and hazing.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
AB1018, s. 1
1Section
1. 939.627 of the statutes is created to read:
AB1018,2,9
2939.627 Increased penalty for certain crimes when committed by 3 or
3more persons. If a person commits a crime under s. 940.01, 940.02, 940.03, 940.05,
4940.06, 940.07, 940.08, 940.19, 940.195, 940.20, 940.201, 940.203, 940.21, 940.225,
5940.30, 940.305, 940.31, 940.43, 940.45, 941.21, 941.30, 941.37, 941.38, 948.02,
6948.03, 948.05, 948.055, 948.07, 948.08, 948.09, 948.30, 948.40, or 948.51
and is
7aided or abetted by 2 or more other persons, the maximum term of imprisonment for
8that crime is increased by 5 years. The penalty increase under this section changes
9the status of a misdemeanor to a felony.
AB1018, s. 2
10Section
2. 973.01 (2) (c) 2. a. of the statutes is amended to read:
AB1018,2,1211
973.01
(2) (c) 2. a. Sections 939.621,
939.627, 939.632, 939.645, 961.46, and
12961.49.
