This bill also prohibits an unauthorized person from moving the corpse of a
child. A person who violates this prohibition is guilty of a Class F felony. This bill
also specifies that it is a felony to hide or bury a corpse with the intent to collect
Medical Assistance, benefits or services under Wisconsin Works, or food stamps.
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:
AB397, s. 1
940.11 (2) of the statutes is amended to read:
Whoever hides or buries a corpse, with intent to conceal a crime or 3
avoid apprehension, prosecution or conviction for a crime or notwithstanding s.
449.141 (7), 49.49 (1), or 49.795 with intent to collect benefits under one of those
, is guilty of a Class G felony.
AB397, s. 2
940.11 (3) of the statutes is amended to read:
A person may not be subject to prosecution under both this section 8
and s. 946.47 or under both this section and s. 948.23 (2)
for his or her acts regarding 9
the same corpse.
AB397, s. 3
948.23 (title) of the statutes is amended to read:
(title) Concealing or not reporting death of a child; not
12reporting disappearance of a child.
AB397, s. 4
948.23 of the statutes is renumbered 948.23 (1) (a) and amended 2
(a) Any person who conceals
the corpse of any issue of a 4
woman's body with intent to prevent a determination of whether it was born dead or 5
alive is guilty of a Class I felony
AB397, s. 5
948.23 (1) (intro.) of the statutes is created to read:
(intro.) Whoever does any of the following is guilty of a Class I felony:
AB397, s. 6
948.23 (1) (b) of the statutes is created to read:
(b) Unless a physician or an authority of a hospital, sanatorium, 10
public or private institution, convalescent home, or any institution of a like nature 11
is required to report the death under s. 979.01 (1) or unless a report conflicts with 12
religious tenets or practices, fails to report to law enforcement the death of a child 13
immediately after discovering the death, or as soon as practically possible if 14
immediate reporting is impossible, if the actor is the parent, stepparent, guardian, 15
or legal custodian of the child and if any of the following applies:
1. The death involves unexplained, unusual, or suspicious circumstances.
2. The death is or appears to be a homicide or a suicide.
3. The death is due to poisoning.
4. The death follows an accident, whether the injury is or is not the primary 20
cause of the death.
AB397, s. 7
948.23 (2) of the statutes is created to read:
Whoever, without authorization under s. 69.18 or other legal 23
authority to move a corpse, hides or buries the corpse of a child is guilty of a Class 24
AB397, s. 8
948.23 (3) of the statutes is created to read:
(a) Within the period under par. (b), an individual must report to law 2
enforcement a child as missing if the individual is the parent, stepparent, guardian, 3
or legal custodian of the child.
(b) 1. The report under par. (a) must be made within 24 hours after the child 5
is discovered to be missing if the child is under 13 years of age when the discovery 6
2. The report under par. (a) must be made within 48 hours after the child is 8
discovered to be missing if the child is at least 13 years of age but under 16 years of 9
age when the discovery is made.
3. The report under par. (a) must be made within 72 hours after the child is 11
discovered to be missing if the child is at least 16 years of age when the discovery is 12
(c) Whoever violates par. (a) is guilty of the following:
1. Except as provided in subds. 2. to 4., a Class A misdemeanor.
2. If the child suffers bodily harm or substantial bodily harm while he or she 16
is missing, a Class H felony.
3. If the child suffers great bodily harm while he or she is missing, a Class F 18
4. If the child dies while he or she is missing or as a result on an injury he or 20
she suffered while missing, a Class D felony.
AB397, s. 9
973.015 (1) (c) 2. of the statutes is amended to read:
(c) 2. A Class I felony, if the person has, in his or her lifetime, been 23
convicted of a prior felony offense, or if the felony is a violent offense, as defined in 24
s. 301.048 (2) (bm), or is a violation of s. 948.23 (1) (a)
AB397, s. 10
979.01 (1g) of the statutes is amended to read:
A sheriff or police chief shall, immediately upon notification of a
under sub. (1) or s. 948.23 (1) (b) of a death
, notify the coroner or the medical 3
examiner, and the coroner or medical examiner of the county where death took place, 4
if the crime, injury, or event occurred in another county, shall immediately report the 5
death to the coroner or medical examiner of that county.
AB397, s. 11
979.01 (2) of the statutes is amended to read:
979.01 (2) Any Unless s. 948.23 (1) (b) applies, any
person who violates this 8
section shall be fined not more than $1,000 or imprisoned not more than 90 days.
AB397, s. 12
979.01 (3) of the statutes is amended to read:
In all cases of death reportable under sub. (1) or s. 948.23 (1) (b) 11
where an autopsy is not performed, the coroner or medical examiner may take for 12
analysis any and all specimens, body fluids and any other material which will assist 13
him or her in determining the cause of death. The specimens, body fluids and other 14
material taken under this subsection shall not be admissible in evidence in any civil 15
action against the deceased or the deceased's estate, as the result of any act of the 16
AB397, s. 13
979.01 (3m) of the statutes is amended to read:
In all cases of death reportable under sub. (1) or s. 948.23 (1) (b) 19
where an autopsy is not performed, the coroner or medical examiner shall take for 20
analysis any and all specimens, body fluids and any other material that will assist 21
him or her in determining the cause of death if requested to do so by a spouse, parent, 22
child or sibling of the deceased person and not objected to by any of those family 23
members. The specimens, body fluids and other material taken under this 24
subsection shall not be admissible in evidence in any civil action against the deceased 25
or his or her estate, as the result of any act of the deceased.
AB397, s. 14
979.01 (4) of the statutes is amended to read:
No person may embalm or perform an autopsy on the body of any 3
person who has died under any of the circumstances listed in this section or on the
4body of any person whose death has been reported under s. 948.23 (1) (b)
unless the 5
person obtains the written authorization of the coroner of the county in which the 6
injury or cause of death occurred. Such authorization shall be issued by the coroner 7
or a deputy within 12 hours after notification of the reportable death, or as soon 8
thereafter as possible in the event of unexplained, unusual or suspicious 9
(1) The treatment of section 948.23 (1) (intro.) and (b) and (3) of the statutes 12
first applies to discoveries made on the effective date of this subsection.