2017 - 2018 LEGISLATURE
December 7, 2017 - Introduced by Representatives Ballweg, Anderson, Jacque,
Jagler, Kitchens, Mursau, Rohrkaste, Sargent and Tittl, cosponsored by
Senators Olsen, Bewley, Darling, Marklein, Petrowski and Vukmir.
Referred to Committee on Criminal Justice and Public Safety.
1An Act to amend
939.621 (1) (b) of the statutes; relating to: increased
2maximum terms of imprisonment for domestic abuse repeaters and providing
3a criminal penalty.
Analysis by the Legislative Reference Bureau
Current law allows a court to increase by two years the maximum term of
imprisonment for a crime if the crime constituted an act of domestic abuse and the
defendant was, within the preceding ten years, convicted on at least two separate
occasions of a felony or misdemeanor that was subject to a domestic abuse surcharge.
A domestic abuse surcharge is a surcharge that a Wisconsin court must impose if the
defendant committed one of a list of crimes against his or her current or former
spouse, against an adult with whom the defendant currently or formerly resides, or
against an adult with whom the defendant has created a child. Under this bill,
crimes that would subject a defendant to the increased maximum term of
imprisonment include felonies or misdemeanors committed in another state but
that, had they been committed in Wisconsin, would have been subject to the domestic
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:
939.621 (1) (b) of the statutes is amended to read:
(b) A person who, during the 10-year period immediately prior to
3the commission of the crime for which the person is presently being sentenced if the
4convictions remain of record and unreversed,
on 2 or more
of a felony or a misdemeanor for which a court imposed a domestic abuse 6
surcharge under s. 973.055 (1) or, a felony or a misdemeanor for which a court
a domestic abuse surcharge pursuant to s. 973.055 (4), during the 10-year period
8immediately prior to the commission of the crime for which the person presently is
9being sentenced, if the convictions remain of record and unreversed
or a felony or a
10misdemeanor that was committed in another state but that, had it been committed
11in this state, would have subjected the person to a domestic abuse surcharge under
12s. 973.055 (1) or that is otherwise comparable to a crime listed under s. 973.055 (1)
. For the purpose of the definition under this paragraph, it is immaterial that 14
sentence was stayed, withheld or suspended, or that the person was pardoned, 15
unless such pardon was granted on the ground of innocence. In computing the 16
preceding 10-year period, time that the person spent in actual confinement serving 17
a criminal sentence shall be excluded.
(1) This act first applies to crimes committed on the effective date of this 20
subsection, but does not preclude the counting of other convictions as prior 21
convictions for purposes of sentencing a person.