All legislative websites will be unavailable on
Saturday, May 28, from 8:30am to 12:00pm for scheduled maintenance.
LRB-1006/1
CMH:ahe
2019 - 2020 LEGISLATURE
February 8, 2019 - Introduced by Representatives Ott, Kerkman, Spiros,
Wichgers, Anderson, Gundrum, Murphy and Hutton, cosponsored by
Senators Darling, Craig, Bernier and Marklein. Referred to Committee on
Criminal Justice and Public Safety.
AB17,1,4 1An Act to renumber and amend 940.09 (1c) (a) and 940.09 (1c) (b); and to
2create
940.09 (1c) (a) 2. and 940.09 (1c) (b) 2. of the statutes; relating to:
3mandatory period of confinement for homicide by intoxicated use of a vehicle
4and providing a penalty.
Analysis by the Legislative Reference Bureau
Under this bill, a person who is convicted of homicide by intoxicated use of a
vehicle must be sentenced to a mandatory minimum period of confinement in prison
of five years. The bill creates an exception to the mandatory minimum sentence
created in this bill if the decedent was a passenger in the person's car and the court
finds that the best interests of the community will be served and that the public will
not be harmed. If the court sentences a person to a period of confinement that is less
than the mandatory minimum sentence, the bill requires the court to put its findings
in writing.
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.
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:
AB17,1
1Section 1. 940.09 (1c) (a) of the statutes is renumbered 940.09 (1c) (a) 1. and
2amended to read:
AB17,2,63 940.09 (1c) (a) 1. Except as provided in par. (b), a person who violates sub. (1)
4is guilty of a Class D felony. Upon conviction, the court shall impose a bifurcated
5sentence under s. 973.01 and the term of confinement in prison portion of the
6bifurcated sentence shall be at least 5 years.
AB17,2 7Section 2 . 940.09 (1c) (a) 2. of the statutes is created to read:
AB17,2,128 940.09 (1c) (a) 2. If a person whose death was caused by the violation was in
9the vehicle operated by the convicted person at the time of the violation, the court
10may impose a sentence that is less than the sentence required under subd. 1. if the
11court finds that the best interests of the community will be served and the public will
12not be harmed, and if the court places its reasons on the record.
AB17,3 13Section 3 . 940.09 (1c) (b) of the statutes is renumbered 940.09 (1c) (b) 1. and
14amended to read:
AB17,2,1915 940.09 (1c) (b) 1. A person who violates sub. (1) is guilty of a Class C felony if
16the person has one or more prior convictions, suspensions, or revocations, as counted
17under s. 343.307 (2). Upon conviction, the court shall impose a bifurcated sentence
18under s. 973.01 and the term of confinement in prison portion of the bifurcated
19sentence shall be at least 5 years.
AB17,4 20Section 4 . 940.09 (1c) (b) 2. of the statutes is created to read:
AB17,2,2521 940.09 (1c) (b) 2. If a person whose death was caused by the violation was in
22the vehicle operated by the convicted person at the time of the violation, the court
23may impose a sentence that is less than the sentence required under subd. 1. if the
24court finds that the best interests of the community will be served and the public will
25not be harmed, and if the court places its reasons on the record.
AB17,5
1Section 5. Initial applicability.
AB17,3,52 (1) This act first applies to violations committed on the effective date of this
3subsection, but does not preclude the counting of other convictions, suspensions, or
4revocations as prior convictions, suspensions, or revocations for purposes of
5administrative action by the department of transportation or sentencing by a court.
AB17,3,66 (End)
Loading...
Loading...