2015 - 2016 LEGISLATURE
December 3, 2015 - Introduced by Senators Wirch and
Lassa, cosponsored by
Representatives Hesselbein, Thiesfeldt, Goyke, Milroy, Subeck, Ohnstad,
Wachs, Sinicki, Johnson, Pope, Berceau and Spreitzer. Referred to
Committee on Judiciary and Public Safety.
1An Act to amend
973.017 (2) (b); and to create
973.017 (8m) of the statutes; 2relating to: considering post-traumatic stress disorder as a mitigating factor
3in sentencing certain criminal offenders.
Analysis by the Legislative Reference Bureau
Under current law, when a court makes a sentencing decision concerning a
person convicted of a criminal offense, the court must consider the protection of the
public, the gravity of the offense, the rehabilitative needs of the defendant, and any
applicable mitigating factors or aggravating factors to the crime. Under current law,
an offense may be aggravated by the circumstances under which the offense took
place, such as delivery of a controlled substance to a prisoner or on a public transit
vehicle, by the nature of the victim, such as when an elderly person is victimized, or
by the nature of the offender, such as when a person who is responsible for a child's
welfare commits an offense against the child.
Under this bill, when a court makes a sentencing decision concerning a person
who is a military veteran and has been diagnosed as suffering from post-traumatic
stress disorder resulting from the person's military service, the court may consider
that as a mitigating factor.
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:
973.017 (2) (b) of the statutes is amended to read:
(b) Any applicable mitigating factors and any applicable 3
aggravating factors, including the aggravating and mitigating
factors specified in 4
subs. (3) to (8) (8m)
973.017 (8m) of the statutes is created to read:
973.017 (8m) Mitigating factors; offenses committed by a veteran.
(a) In 7
this subsection, "veteran" means a person who served in the U.S. armed forces or in 8
forces incorporated as part of the U.S. armed forces.
(b) When making a sentencing decision concerning a person who is a veteran, 10
the court may consider as a mitigating factor that the person has been diagnosed as 11
suffering from post-traumatic stress disorder resulting from his or her military 12
(1) This act first applies to offenses committed on the effective date of this 15