Amendment ASA1-AB1040

LRBs0652/1

JEO:kmg:dw

1995 - 1996 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, To 1995 ASSEMBLY BILL 1040

March 25, 1996 - Offered by Committee on Aging and Long-Term Care.

AB1040-ASA1,1,3 An Act to create 939.647 of the statutes; An Act to create 939.647 of the statutes; relating to: committing certain violent crimes against an elder person and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1040-ASA1, s. 1 Section 1. 939.647 of the statutes is created to read:

AB1040-ASA1,1,6 939.647 Increased penalty; violent felony committed against elder person. (1) In this section:

AB1040-ASA1,1,7 (a) "Elder person" means any individual who is 62 years of age or older.

AB1040-ASA1,1,9 (b) "Violent felony" means any felony under s. 940.19 (2), (3), (4), (5) or (6), 940.225 (1), (2) or (3), 940.23 or 943.32.

AB1040-ASA1,1,12 (2) If a person commits a violent felony in the victim's residence and the victim of the violent felony is an elder person, the maximum period of imprisonment is increased by 5 years.

AB1040-ASA1,1,14 (3) Subsection (2) applies even if the person mistakenly believed that the victim had not attained the age of 62 years.

AB1040-ASA1,2,3 (4) This section provides for the enhancement of the penalties applicable for the underlying crime. The court shall direct that the trier of fact find a special verdict as to all of the issues specified in sub. (2).

AB1040-ASA1, s. 2 Section 2. Initial applicability.

AB1040-ASA1,2,5 (1) This act first applies to acts occurring on the effective date of this subsection.

AB1040-ASA1,2,6 (End)