SB629: Bill Text

LRB-2901/1

CMH:cjs:rs

2005 - 2006 LEGISLATURE

2005 Senate BILL 629

February 24, 2006 - Introduced by Senators Lazich, Grothman, Kedzie and Roessler, cosponsored by Representatives Kleefisch, Gundrum, Kaufert, Musser, Gunderson, Jeskewitz, Townsend and LeMahieu. Referred to Committee on Judiciary, Corrections and Privacy.

SB629,1,4 An Act to renumber and amend 948.02 (1) and 948.025 (1) (a); to amend 948.025 (2) (a); and to create 948.02 (1) (a), 948.025 (1) (ag) and 948.025 (2) (am) of the statutes; relating to: sexual assault of a child and providing a penalty.

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:

SB629, s. 1 Section 1. 948.02 (1) of the statutes is renumbered 948.02 (1) (intro.) and amended to read:

SB629,2,5 948.02 (1) First degree sexual assault. (intro.) Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 13 years is guilty of one of the following:

SB629,2,7 (b) If the sexual contact or sexual intercourse did not result in great bodily harm to the person, a Class B felony.

SB629, s. 2 Section 2. 948.02 (1) (a) of the statutes is created to read:

SB629,2,10 948.02 (1) (a) If the sexual contact or sexual intercourse resulted in great bodily harm to the person, a Class A felony.

SB629, s. 3 Section 3. 948.025 (1) (a) of the statutes is renumbered 948.025 (1) (ar) and amended to read:

SB629,2,15 948.025 (1) (ar) A Class B felony if fewer than 3 of the violations were violations of s. 948.02 (1) (a) but at least 3 of the violations were violations of s. 948.02 (1) (a) or (b).

SB629, s. 4 Section 4. 948.025 (1) (ag) of the statutes is created to read:

SB629,2,18 948.025 (1) (ag) A Class A felony if at least 3 of the violations were violations of s. 948.02 (1) (a).

SB629, s. 5 Section 5. 948.025 (2) (a) of the statutes is amended to read:

SB629,2,23 948.025 (2) (a) If an action under sub. (1) (a) (ag) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02 (1) (a) occurred within the specified period of time but need not agree on which acts constitute the requisite number.

SB629, s. 6 Section 6. 948.025 (2) (am) of the statutes is created to read:

SB629,3,4 948.025 (2) (am) If an action under sub. (1) (ar) is tried to a jury, in order to find the defendant guilty the members of the jury must unanimously agree that at least 3 violations of s. 948.02 (1) (a) or (b) occurred within the specified period of time but need not agree on which acts constitute the requisite number.

SB629, s. 7 Section 7. Initial applicability.

SB629,3,7 (1) This act first applies to violations committed on the effective date of this subsection.

SB629,3,8 (End)