LRB-4801/1
CMH:cjs:rs
2005 - 2006 LEGISLATURE
March 6, 2006 - Introduced by Representatives Kleefisch, Gundrum, Kaufert,
Musser, Gunderson, Jeskewitz, Townsend and LeMahieu, cosponsored by
Senators Lazich, Grothman, Kedzie and
Roessler. Referred to Committee on
Judiciary.
AB1095,1,4
1An Act to renumber and amend 948.02 (1) and 948.025 (1) (a);
to amend
2948.025 (2) (a); and
to create 948.02 (1) (a), 948.025 (1) (ag) and 948.025 (2)
3(am) of the statutes;
relating to: sexual assault of a child and providing a
4penalty.
Analysis by the Legislative Reference Bureau
Under current law a person who is convicted of first degree sexual assault of a
child is guilty of a felony and may be sentenced to a term of imprisonment of up to
60 years (which, if the sentence is for more than one year, includes a term of extended
supervision). This bill changes the maximum penalty for first degree sexual assault
of a child to a term of life imprisonment if the sexual assault results in great bodily
harm to the victim.
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:
AB1095, s. 1
1Section
1. 948.02 (1) of the statutes is renumbered 948.02 (1) (intro.) and
2amended to read:
AB1095,2,53
948.02
(1) First degree sexual assault. (intro.) Whoever has sexual contact
4or sexual intercourse with a person who has not attained the age of 13 years is guilty
5of
one of the following:
AB1095,2,7
6(b) If the sexual contact or sexual intercourse did not result in great bodily harm
7to the person, a Class B felony.
AB1095, s. 2
8Section
2. 948.02 (1) (a) of the statutes is created to read:
AB1095,2,109
948.02
(1) (a) If the sexual contact or sexual intercourse resulted in great bodily
10harm to the person, a Class A felony.
AB1095, s. 3
11Section
3. 948.025 (1) (a) of the statutes is renumbered 948.025 (1) (ar) and
12amended to read:
AB1095,2,1513
948.025
(1) (ar) A Class B felony if
fewer than 3 of the violations were violations
14of s. 948.02 (1) (a) but at least 3 of the violations were violations of s. 948.02 (1)
(a)
15or (b).
AB1095, s. 4
16Section
4. 948.025 (1) (ag) of the statutes is created to read:
AB1095,2,1817
948.025
(1) (ag) A Class A felony if at least 3 of the violations were violations
18of s. 948.02 (1) (a).
AB1095, s. 5
19Section
5. 948.025 (2) (a) of the statutes is amended to read:
AB1095,2,2320
948.025
(2) (a) If an action under sub. (1)
(a) (ag) is tried to a jury, in order to
21find the defendant guilty the members of the jury must unanimously agree that at
22least 3 violations of s. 948.02 (1)
(a) occurred within the specified period of time but
23need not agree on which acts constitute the requisite number.
AB1095, s. 6
24Section
6. 948.025 (2) (am) of the statutes is created to read:
AB1095,3,4
1948.025
(2) (am) If an action under sub. (1) (ar) is tried to a jury, in order to find
2the defendant guilty the members of the jury must unanimously agree that at least
33 violations of s. 948.02 (1) (a) or (b) occurred within the specified period of time but
4need not agree on which acts constitute the requisite number.
AB1095,3,76
(1) This act first applies to violations committed on the effective date of this
7subsection.