LRB-0985/1
PJH:jld:md
2011 - 2012 LEGISLATURE
April 26, 2011 - Introduced by Representatives LeMahieu, Endsley, Kestell,
Kerkman, Nygren, Steineke, Jacque, Kleefisch, Mursau, Ripp, Bies,
Honadel, Brooks, A. Ott
and Spanbauer, cosponsored by Senators Leibham
and Olsen. Referred to Committee on Criminal Justice and Corrections.
AB102,1,3 1An Act to amend 973.01 (2) (c) 2. a.; and to create 939.635 of the statutes;
2relating to: crimes against children committed by certain persons and
3providing a penalty.
Analysis by the Legislative Reference Bureau
Current law provides a number of penalty enhancement provisions that allow
a judge to increase a penalty for a crime that is committed under certain
circumstances. This bill allows a judge to increase the maximum period of
imprisonment by up to five years if a person who is licensed or certified to provide
day care commits a sexual assault against, or intentionally or recklessly causes
bodily harm to, a child for whom the person provides day care.
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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB102, s. 1 4Section 1. 939.635 of the statutes is created to read:
AB102,2,4 5939.635 Increased penalty for certain crimes against children
6committed by a day care provider.
If a person who is licensed under s. 48.65,

1certified under s. 48.651, or providing care pursuant to a contract under s. 120.13 (14)
2commits a violation of s. 948.02, 948.025, or 948.03 (2) or (3) against a child for whom
3the person was providing day care, the maximum term of imprisonment for that
4crime may be increased by not more than 5 years.
AB102, s. 2 5Section 2. 973.01 (2) (c) 2. a. of the statutes is amended to read:
AB102,2,76 973.01 (2) (c) 2. a. Sections 939.621, 939.632, 939.635, 939.645, 946.42 (4),
7961.46, and 961.49.
AB102,2,88 (End)
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