Amendment SSA1-AB111

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1999 - 2000 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 1999 ASSEMBLY BILL 111

March 14, 2000 - Offered by Committee on Judiciary and Consumer Affairs.

AB111-SSA1,1,2 An Act to create 939.627 of the statutes; relating to: committing theft against certain persons and providing a penalty.

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

AB111-SSA1, s. 1 Section 1. 939.627 of the statutes is created to read:

AB111-SSA1,1,5 939.627 Increased penalty; crimes committed by caretaker of vulnerable person. (1) In this section:

AB111-SSA1,1,10 (a) "Caretaker" means a guardian, custodian, trustee, agent, attorney-in-fact or other person, whether or not appointed by a court, who is responsible for the care, custody or control of a vulnerable person or the estate of a vulnerable person, or any other person who stands in a position of trust with a vulnerable person. "Caretaker" includes a person acting under a power of attorney, durable or otherwise.

AB111-SSA1,1,11 (b) "Vulnerable person" means any of the following:

AB111-SSA1,2,1 1. A vulnerable adult, as defined in s. 940.285 (1) (e).

AB111-SSA1,2,2 2. A patient or resident of a facility or program specified in s. 940.295 (2).

AB111-SSA1,2,5 (2) (a) If a person is convicted of committing or attempting to commit a violation of s. 943.20 or of committing a violation of s. 943.201 and all of the following apply, the penalties are increased as provided in par. (b):

AB111-SSA1,2,6 1. The person who commits or attempts to commit the violation is a caretaker.

AB111-SSA1,2,8 2. The victim of the violation or attempted violation is a vulnerable person for whom the convicted person is a caretaker.

AB111-SSA1,2,9 3. The value of the property that is involved in the violation exceeds $2,500.

AB111-SSA1,2,12 (am) If a person is convicted of committing or attempting to commit a violation of s. 943.38, 943.39 or 943.40 and all of the following apply, the penalties are increased as provided in par. (b):

AB111-SSA1,2,13 1. The person who commits or attempts to commit the violation is a caretaker.

AB111-SSA1,2,15 2. The victim of the violation or attempted violation is a vulnerable person for whom the convicted person is a caretaker.

AB111-SSA1,2,17 (b) If par. (a) or (am) applies, the maximum period of imprisonment may be increased by 5 years and the maximum fine may be increased by $5,000.

AB111-SSA1,2,20 (3) 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) (a) or (am), whichever is applicable.

AB111-SSA1,2,21 (End)