2011 - 2012 LEGISLATURE
December 27, 2011 - Introduced by Senators Olsen, S. Coggs, Erpenbach, Lassa,
Schultz, Shilling and
Wanggaard, cosponsored by Representatives A. Ott,
Ballweg, Bies, Billings, Brooks, Doyle, Endsley, Jacque, Marklein,
Petrowski, Petryk, Ringhand, Ripp, Sinicki, Spanbauer, Staskunas, Steineke
and Wynn. Referred to Committee on Judiciary, Utilities, Commerce, and
1An Act to renumber and amend
939.621; and to create
939.621 (1) of the 2
statutes; relating to: increased penalty for repeated domestic abuse offenses
3and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, if a person is arrested for a domestic abuse crime and
commits a second domestic abuse crime (against the same victim or a different
victim) within 72 hours after being arrested for the first crime, the person's
maximum term of imprisonment for the second crime may be increased by up to two
years. Additionally, the penalty increase changes the status of the second crime from
a misdemeanor to a felony.
Current law generally requires a court to impose a domestic abuse surcharge
on a person who commits certain criminal acts against his or her spouse or former
spouse, against an adult with whom the adult person resides or formerly resided, or
against an adult with whom the adult person has created a child. This surcharge is
in addition to any other fines or terms of imprisonment.
Under this bill, the same increase in the term of imprisonment and the same
change from a misdemeanor to a felony also applies to a person who was convicted,
on two separate occasions, of a felony or a misdemeanor for which a court imposed
a domestic abuse surcharge during the ten-year period immediately prior to the
commission of the crime for which the person presently is being sentenced. Under the
bill, any time the person spent in jail or in prison does not count in computing the
preceding ten-year period.
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:
SB350, s. 1
939.621 of the statutes is renumbered 939.621 (2) and amended to 2
If a person commits an act of domestic abuse, as defined in s. 4
968.075 (1) (a) and the act constitutes the commission of a crime, the maximum term 5
of imprisonment for that crime may be increased by not more than 2 years if the crime
6is committed during the 72 hours immediately following an arrest for a domestic
7abuse incident, as set forth in s. 968.075 (5). The 72-hour period applies whether or
8not there has been a waiver by the victim under s. 968.075 (5) (c)
person is a domestic
. The victim of the domestic abuse crime does not have to be the same 10
as the victim of the domestic abuse incident that resulted in the
. The penalty increase under this section changes the status of a 12
misdemeanor to a felony.
SB350, s. 2
939.621 (1) of the statutes is created to read:
In this section, "domestic abuse repeater" means either of the 15
(a) A person who commits, during the 72 hours immediately following an arrest 17
for a domestic abuse incident as set forth in s. 968.075 (5), an act of domestic abuse, 18
as defined in s. 968.075 (1) (a) that constitutes the commission of a crime. For the
purpose of the definition under this paragraph, the 72-hour period applies whether 2
or not there has been a waiver by the victim under s. 968.075 (5) (c).
(b) A person who was convicted, on 2 separate occasions, of a felony or a 4
misdemeanor for which a court imposed a domestic abuse surcharge under s. 973.055 5
(1) or waived a domestic abuse surcharge pursuant to s. 973.055 (4), during the 6
10-year period immediately prior to the commission of the crime for which the 7
person presently is being sentenced, if the convictions remain of record and 8
unreversed. For the purpose of the definition under this paragraph, it is immaterial 9
that sentence was stayed, withheld or suspended, or that the person was pardoned, 10
unless such pardon was granted on the ground of innocence. In computing the 11
preceding 10-year period, time that the person spent in actual confinement serving 12
a criminal sentence shall be excluded.
(1) This act first applies to offenses that are committed on the effective date of 15