2013 - 2014 LEGISLATURE
August 5, 2013 - Introduced by Representatives Bies, Jacque, Nass, A. Ott, Sinicki,
Spiros, Strachota and Stroebel, cosponsored by Senators Olsen,
and Kedzie. Referred to Committee on Criminal Justice.
1An Act to repeal
946.47 (3); to amend
946.47 (1) (intro.); and to create
(2m) of the statutes; relating to: aiding a felon and providing penalties.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from harboring or aiding a felon with intent to
prevent the felon's apprehension. Current law also prohibits a person from
destroying, altering, hiding, or disguising physical evidence or placing false evidence
with intent to prevent the apprehension, prosecution, or conviction of a felon. These
two prohibitions, however, do not apply to the felon or to his or her spouse, parents,
grandparents, children, grandchildren, brothers, or sisters. A person who violates
one of these prohibitions may be fined up to $10,000 or sentenced to a term of
imprisonment of up to three and one-half years, or both.
This bill eliminates the exception for the felon and the felon's spouse, parents,
grandparents, children, grandchildren, brothers, and sisters. The bill also increases
the violation for violating these prohibitions if the felon being aided committed: 1)
a Class A, B, C, or D felony; 2) an unclassified felony that is punishable by a sentence
of life imprisonment; or 3) an offense in another state that is punishable by
imprisonment there for one year or more and that would, if committed in Wisconsin,
be a Class A, B, C, or D felony or be punishable by a sentence of life imprisonment.
A person who aids the felon who commits these offenses is guilty of a Class G felony
and may be fined up to $25,000 or imprisoned for up to ten years, or both.
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:
946.47 (1) (intro.) of the statutes is amended to read:
(intro.) Whoever does either of the following is guilty of a Class I
3felony may be penalized as provided in sub. (2m)
946.47 (2m) of the statutes is created to read:
Whoever violates sub. (1) is guilty of the following:
(a) A Class G felony, if the offense committed by the felon being aided is, or 7
would have been if the offense had been committed in this state, any of the following:
1. A Class A, B, C, or D felony.
2. An unclassified felony that is punishable by a sentence of life imprisonment.
(b) A Class I felony, if the offense committed by the felon being aided is, or would 11
have been if the offense had been committed in this state, any of the following:
1. A Class E, F, G, H, or I felony.
2. An unclassified felony that is not punishable by a sentence of life 14
946.47 (3) of the statutes is repealed.