Feed for /2011/related/proposals/sb299 PDF
November 21, 2011 - Introduced by Senators Lassa, Carpenter, Jauch, Darling,
Holperin, C. Larson, Olsen, Schultz, Wanggaard
and Wirch, cosponsored by
Representatives Kerkman, Petryk, Pridemore, Endsley, Kleefisch,
Spanbauer, Bernier, Petrowski, Bies, Brooks, Clark, E. Coggs, Craig, D.
Cullen, Honadel, Jacque, Jorgensen, Kuglitsch, LeMahieu, Mason, Meyer,
Mursau, Nass, A. Ott, Petersen, Rivard, Sinicki, Steineke, Strachota,
Stroebel, Tranel, Turner, Van Roy, Vos
and Vruwink. Referred to Committee
on Judiciary, Utilities, Commerce, and Government Operations.
SB299,1,6 1An Act to renumber and amend 948.23; to amend 940.11 (2), 940.11 (3),
2948.23 (title), 973.015 (1) (c) 2., 979.01 (1g), 979.01 (2), 979.01 (3), 979.01 (3m)
3and 979.01 (4); and to create 948.23 (1) (intro.), 948.23 (1) (b), 948.23 (2) and
4948.23 (3) of the statutes; relating to: failing to report the death of a child or
5to report a missing child, moving the corpse of a child, hiding a corpse to collect
6public benefits, and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, a person having knowledge of a death must report the death
to law enforcement or a coroner if certain circumstances apply, including: 1) a death
in which there are unexplained, unusual, or suspicious circumstances; 2) a homicide;
3) a suicide; 4) a death due to poisoning; and 5) a death following an accident, whether
the injury is or is not the primary cause of death. A person who fails to report such
a death may be fined up to $1,000 or imprisoned for up to 90 days. Under this bill,
if a child under 18 years of age dies under certain circumstances, the parent,
stepparent, guardian, or legal custodian of the child must report the death to law
enforcement immediately, or as soon as practically possible if immediate reporting
is impossible, after discovering the death unless another person is required to report
the death. A person who violates this requirement is guilty of a Class I felony and
may be subject to a fine of up to $10,000 and imprisonment of up to three years and
six months.

This bill also requires that, if a child is discovered to be missing, the parent,
stepparent, guardian, or legal custodian of the child must report the missing child
to a law enforcement officer within 24 hours if the child is under 13, within 48 hours
if the child is at least 13 but under 16, or within 72 hours if the child is at least 16.
A person who violates this requirement is guilty of a Class A misdemeanor unless
the child suffers bodily harm or death while missing. If the child suffers pain or an
injury such as a broken bone or one that requires stitches, the person is guilty of a
Class H felony. If the child suffers an injury that causes a permanent disfigurement
or results in a permanent or protracted loss or impairment of a bodily function, the
person is guilty of a Class F felony. If the child dies, the person is guilty of a Class
D felony.
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:
SB299, s. 1 1Section 1. 940.11 (2) of the statutes is amended to read:
SB299,2,52 940.11 (2) Whoever hides or buries a corpse, with intent to conceal a crime or
3avoid 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
5sections
, is guilty of a Class G felony.
SB299, s. 2 6Section 2. 940.11 (3) of the statutes is amended to read:
SB299,2,97 940.11 (3) A person may not be subject to prosecution under both this section
8and s. 946.47 or under both this section and s. 948.23 (2) for his or her acts regarding
9the same corpse.
SB299, s. 3 10Section 3. 948.23 (title) of the statutes is amended to read:
SB299,2,12 11948.23 (title) Concealing or not reporting death of a child; not
12reporting disappearance of a child
.
SB299, s. 4
1Section 4. 948.23 of the statutes is renumbered 948.23 (1) (a) and amended
2to read:
SB299,3,53 948.23 (1) (a) Any person who conceals Conceals the corpse of any issue of a
4woman's body with intent to prevent a determination of whether it was born dead or
5alive is guilty of a Class I felony.
SB299, s. 5 6Section 5. 948.23 (1) (intro.) of the statutes is created to read:
SB299,3,77 948.23 (1) (intro.) Whoever does any of the following is guilty of a Class I felony:
SB299, s. 6 8Section 6. 948.23 (1) (b) of the statutes is created to read:
SB299,3,159 948.23 (1) (b) Unless a physician or an authority of a hospital, sanatorium,
10public or private institution, convalescent home, or any institution of a like nature
11is required to report the death under s. 979.01 (1) or unless a report conflicts with
12religious tenets or practices, fails to report to law enforcement the death of a child
13immediately after discovering the death, or as soon as practically possible if
14immediate reporting is impossible, if the actor is the parent, stepparent, guardian,
15or legal custodian of the child and if any of the following applies:
SB299,3,1616 1. The death involves unexplained, unusual, or suspicious circumstances.
SB299,3,1717 2. The death is or appears to be a homicide or a suicide.
SB299,3,1818 3. The death is due to poisoning.
SB299,3,2019 4. The death follows an accident, whether the injury is or is not the primary
20cause of the death.
SB299, s. 7 21Section 7. 948.23 (2) of the statutes is created to read:
SB299,3,2422 948.23 (2) Whoever, without authorization under s. 69.18 or other legal
23authority to move a corpse, hides or buries the corpse of a child is guilty of a Class
24F felony.
SB299, s. 8 25Section 8. 948.23 (3) of the statutes is created to read:
SB299,4,3
1948.23 (3) (a) Within the period under par. (b), an individual must report to law
2enforcement a child as missing if the individual is the parent, stepparent, guardian,
3or legal custodian of the child.
SB299,4,64 (b) 1. The report under par. (a) must be made within 24 hours after the child
5is discovered to be missing if the child is under 13 years of age when the discovery
6is made.
SB299,4,97 2. The report under par. (a) must be made within 48 hours after the child is
8discovered to be missing if the child is at least 13 years of age but under 16 years of
9age when the discovery is made.
SB299,4,1210 3. The report under par. (a) must be made within 72 hours after the child is
11discovered to be missing if the child is at least 16 years of age when the discovery is
12made.
SB299,4,1313 (c) Whoever violates par. (a) is guilty of the following:
SB299,4,1414 1. Except as provided in subds. 2. to 4., a Class A misdemeanor.
SB299,4,1615 2. If the child suffers bodily harm or substantial bodily harm while he or she
16is missing, a Class H felony.
SB299,4,1817 3. If the child suffers great bodily harm while he or she is missing, a Class F
18felony.
SB299,4,2019 4. If the child dies while he or she is missing or as a result on an injury he or
20she suffered while missing, a Class D felony.
SB299, s. 9 21Section 9. 973.015 (1) (c) 2. of the statutes is amended to read:
SB299,4,2422 973.015 (1) (c) 2. A Class I felony, if the person has, in his or her lifetime, been
23convicted of a prior felony offense, or if the felony is a violent offense, as defined in
24s. 301.048 (2) (bm), or is a violation of s. 948.23 (1) (a).
SB299, s. 10 25Section 10. 979.01 (1g) of the statutes is amended to read:
SB299,5,5
1979.01 (1g) A sheriff or police chief shall, immediately upon notification of a
2death
under sub. (1) or s. 948.23 (1) (b) of a death, notify the coroner or the medical
3examiner, and the coroner or medical examiner of the county where death took place,
4if the crime, injury, or event occurred in another county, shall immediately report the
5death to the coroner or medical examiner of that county.
SB299, s. 11 6Section 11. 979.01 (2) of the statutes is amended to read:
SB299,5,87 979.01 (2) Any Unless s. 948.23 (1) (b) applies, any person who violates this
8section shall be fined not more than $1,000 or imprisoned not more than 90 days.
SB299, s. 12 9Section 12. 979.01 (3) of the statutes is amended to read:
SB299,5,1610 979.01 (3) In all cases of death reportable under sub. (1) or s. 948.23 (1) (b)
11where an autopsy is not performed, the coroner or medical examiner may take for
12analysis any and all specimens, body fluids and any other material which will assist
13him or her in determining the cause of death. The specimens, body fluids and other
14material taken under this subsection shall not be admissible in evidence in any civil
15action against the deceased or the deceased's estate, as the result of any act of the
16deceased.
SB299, s. 13 17Section 13. 979.01 (3m) of the statutes is amended to read:
SB299,5,2518 979.01 (3m) In all cases of death reportable under sub. (1) or s. 948.23 (1) (b)
19where an autopsy is not performed, the coroner or medical examiner shall take for
20analysis any and all specimens, body fluids and any other material that will assist
21him or her in determining the cause of death if requested to do so by a spouse, parent,
22child or sibling of the deceased person and not objected to by any of those family
23members. The specimens, body fluids and other material taken under this
24subsection shall not be admissible in evidence in any civil action against the deceased
25or his or her estate, as the result of any act of the deceased.
SB299, s. 14
1Section 14. 979.01 (4) of the statutes is amended to read:
SB299,6,92 979.01 (4) No person may embalm or perform an autopsy on the body of any
3person 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
5person obtains the written authorization of the coroner of the county in which the
6injury or cause of death occurred. Such authorization shall be issued by the coroner
7or a deputy within 12 hours after notification of the reportable death, or as soon
8thereafter as possible in the event of unexplained, unusual or suspicious
9circumstances.
SB299, s. 15 10Section 15. Initial applicability.
SB299,6,1211 (1) The treatment of section 948.23 (1) (intro.) and (b) and (3) of the statutes
12first applies to discoveries made on the effective date of this subsection.
SB299,6,1313 (End)
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