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2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 2011 ASSEMBLY BILL 69
June 8, 2011 - Offered by Representative Kaufert.
AB69-ASA2,1,2 1An Act to create 895.62 and 939.48 (1m) of the statutes; relating to:
2self-defense.
Analysis by the Legislative Reference Bureau
In general, a person who uses force in self-defense or in the defense of another
person may not be convicted of a crime stemming from that use of force. This law
applies only when: 1) the amount of force used is reasonable; and 2) the person uses
that force to prevent or stop what he or she reasonably believes is an unlawful
interference with himself or herself or another person, such as the crime of battery.
Current law specifies that a person may use force that is intended or likely to cause
the death of or great bodily harm to another individual only if the person reasonably
believes that using such force is necessary to prevent the imminent death of or great
bodily harm to himself or herself or another person.
Under this substitute amendment, if a person used defensive force that was
intended or likely to cause death or great bodily harm, a court in a criminal case
against the person must presume that the person reasonably believed that the force
was necessary to prevent death or great bodily harm to himself or herself or to
another person if: 1) the individual against whom the force was used was in the
process of unlawfully entering, or had already unlawfully entered, the dwelling,
motor vehicle, or, in the case of a business owner or operator, place of business of the
person who used the force; 2) the person was present in that dwelling, motor vehicle,
or place of business; and 3) the person knew or reasonably believed that an unlawful

entry was occurring or had occurred. This presumption, however, does not apply if:
1) the person who used the force was engaged in a criminal activity or was using his
or her dwelling, motor vehicle, or place of business to further a criminal activity; or
2) the individual against whom the force was used had identified himself or herself
as a peace officer (or was or should have been known to be a peace officer) and was
entering the dwelling, motor vehicle, or place of business in the performance of his
or her official duties.
Under the substitute amendment, a person who uses force that is intended or
likely to cause death or great bodily harm is immune from civil liability if the person
reasonably believed that the force was necessary to prevent death or bodily harm to
himself or herself or to another person and if: 1) the individual against whom the
force was used was in the process of unlawfully entering, or had already unlawfully
entered, the dwelling, motor vehicle, or place of business of the person who used the
force; 2) the person who used the force was present in the dwelling, motor vehicle,
or place of business; and 3) the person who used the force knew or had reason to
believe that an unlawful entry was occurring or had occurred. Under the substitute
amendment for purposes of civil immunity, a person is not presumed to have
reasonably believed that the force was necessary if: 1) the person who used the force
was engaged in a criminal activity or was using his or her dwelling, motor vehicle,
or place of business to further a criminal activity; or 2) the individual against whom
the force was used had identified himself or herself as a peace officer (or was or should
have been known to be a peace officer) and was entering the dwelling, motor vehicle,
or place of business in the performance of his or her official duties.
Under the substitute amendment, if a court finds that person who is sued in
civil court is immune from liability, the person is entitled to attorney fees, court costs,
compensation for income loss, and other expenses the person incurred to defend
himself or herself against the civil action.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB69-ASA2, s. 1 1Section 1. 895.62 of the statutes is created to read:
AB69-ASA2,2,3 2895.62 Use of force in response to unlawful entry into a dwelling, motor
3vehicle, or place of business; civil liability immunity.
(1) In this section:
AB69-ASA2,2,54 (a) "Actor" means a person who uses force that is intended or likely cause death
5or great bodily harm to another person.
AB69-ASA2,2,66 (b) "Dwelling" has the meaning given in s. 895.07 (1) (h).
AB69-ASA2,2,77 (c) "Place of business" means a business that the actor owns or operates.
AB69-ASA2,3,5
1(2) Except as provided in sub. (4), an actor is immune from civil liability arising
2out of his or her use of force that is intended or likely to cause death or great bodily
3harm if the actor reasonably believed that the force was necessary to prevent
4imminent death or bodily harm to himself or herself or to another person and either
5of the following applies:
AB69-ASA2,3,106 (a) The person against whom the force was used was in the process of
7unlawfully entering the actor's dwelling, motor vehicle, or place of business, the actor
8was on his or her property or present in the dwelling, motor vehicle, or place of
9business, and the actor knew or had reason to believe that an unlawful entry was
10occurring.
AB69-ASA2,3,1511 (b) The person against whom the force was used was in the actor's dwelling,
12motor vehicle, or place of business after unlawfully entering it, the actor was present
13in the dwelling, motor vehicle, or place of business, and the actor knew or had reason
14to believe that the person had unlawfully entered the dwelling, motor vehicle, or
15place of business.
AB69-ASA2,3,18 16(3) An actor is presumed to have reasonably believed that the force was
17necessary to prevent imminent death or bodily harm to himself or herself or to
18another person if either sub. (2) (a) or (b) applies.
AB69-ASA2,3,20 19(4) The presumption described in sub. (3) does not apply if any of the following
20are true:
AB69-ASA2,3,2321 (a) The actor was engaged in a criminal activity or was using his or her
22dwelling, motor vehicle, or place of business to further a criminal activity at the time
23he or she used the force described in sub. (2).
AB69-ASA2,4,224 (b) The person against whom the force was used was a peace officer who entered
25or attempted to enter the actor's dwelling, motor vehicle, or place of business in the

1performance of his or her official duties. This paragraph applies only if at least one
2of the following applies:
AB69-ASA2,4,43 1. The officer identified himself or herself to the actor before the force described
4in sub. (2) was used by the actor.
AB69-ASA2,4,75 2. The actor knew or reasonably should have known that the person entering
6or attempting to enter his or her dwelling, motor vehicle, or place of business was a
7peace officer.
AB69-ASA2,4,11 8(5) In any civil action, if a court finds that a person is immune from civil liability
9under sub. (2), the court shall award the person reasonable attorney fees, costs,
10compensation for loss of income, and other costs of the litigation reasonably incurred
11by the person.
AB69-ASA2, s. 2 12Section 2. 939.48 (1m) of the statutes is created to read:
AB69-ASA2,4,1313 939.48 (1m) (a) In this subsection:
AB69-ASA2,4,1414 1. "Dwelling" has the meaning given in s. 895.07 (1) (h).
AB69-ASA2,4,1515 2. "Place of business" means a business that the actor owns or operates.
AB69-ASA2,4,2016 (ar) If an actor intentionally used force that was intended or likely to cause
17death or great bodily harm, the court shall presume that the actor reasonably
18believed that the force was necessary to prevent imminent death or great bodily
19harm to himself or herself if the actor makes such a claim under sub. (1) and any of
20the following applies:
AB69-ASA2,4,2421 1. The person against whom the force was used was in the process of unlawfully
22entering the actor's dwelling, motor vehicle, or place of business, the actor was
23present in the dwelling, motor vehicle, or place of business, and the actor knew or
24reasonably believed that an unlawful entry was occurring.
AB69-ASA2,5,5
12. The person against whom the force was used was in the actor's dwelling,
2motor vehicle, or place of business after unlawfully entering it, the actor was present
3in the dwelling, motor vehicle, or place of business, and the actor knew or reasonably
4believed that the person had unlawfully entered the dwelling, motor vehicle, or place
5of business.
AB69-ASA2,5,76 (b) The presumption described in par. (ar) does not apply if any of the following
7applies:
AB69-ASA2,5,98 1. The actor was engaged in a criminal activity or was using his or her dwelling,
9motor vehicle, or place of business to further a criminal activity at the time.
AB69-ASA2,5,1310 2. The person against whom the force was used was a peace officer who entered
11or attempted to enter the actor's dwelling, motor vehicle, or place of business in the
12performance of his or her official duties. This subdivision applies only if at least one
13of the following applies:
AB69-ASA2,5,1514 a. The officer identified himself or herself to the actor before the force described
15in par. (ar) was used by the actor.
AB69-ASA2,5,1816 b. The actor knew or reasonably should have known that the person entering
17or attempting to enter his or her dwelling, motor vehicle, or place of business was a
18peace officer.
AB69-ASA2, s. 3 19Section 3. Initial applicability.
AB69-ASA2,5,21 20(1) This act first applies to a use of force that occurs on the effective date of this
21subsection.
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