LRBs0119/1
JEO&MGD:wlj:ch
1999 - 2000 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1999 ASSEMBLY BILL 37
September 14, 1999 - Offered by Representative Goetsch.
AB37-ASA1,1,2
1An Act to renumber and amend 939.626; and
to create 939.626 of the statutes;
2relating to: burglary and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB37-ASA1,1,6
4939.626 Increased penalty; burglary of an occupied dwelling. If a
5person is convicted of violating s. 943.10, the maximum term of imprisonment for the
6crime may be increased by not more than 5 years if all of the following apply:
AB37-ASA1,1,7
7(1) The burglarized enclosure is a dwelling.
AB37-ASA1,1,9
8(2) Another person was lawfully present in the dwelling at the time of the
9violation.
AB37-ASA1, s. 2
10Section
2. 939.626 of the statutes, as created by 1999 Wisconsin Act .... (this
11act), is renumbered 973.017 (4m), and 973.017 (4m) (title), (intro.) and (a), as
12renumbered, are amended to read:
AB37-ASA1,2,6
1973.017
(4m) (title)
Increased penalty Aggravating factors; burglary of an
2occupied dwelling. (intro.)
If When making a sentencing decision concerning a
3person
is convicted of violating s. 943.10, the
maximum term of imprisonment for the
4crime may be increased by not more than 5 years if all of the following apply court
5shall consider as an aggravating factor the fact that the violation was committed
6under all of the following circumstances:
AB37-ASA1,2,77
(a) The burglarized enclosure
is was a dwelling.
AB37-ASA1,2,139
(1)
Reconciliation provision. The renumbering and amendment of section
10939.626 of the statutes, as created by this act, and
Section 4 (1
), (2) and (3) of this
11act are void unless 1999 Assembly Bill 465 is enacted into law before July 1, 2000,
12and unless 1999 Assembly Bill 465 creates section 973.017 of the statutes in exactly
13the same form as it appears in section 757 of 1999 Assembly Bill 465.
AB37-ASA1, s. 4
14Section
4
.
Effective dates. This act takes effect on the day after publication,
15except as follows:
AB37-ASA1,2,1916
(1)
If 1999 Assembly Bill 465 has been enacted on or before the day after
17publication of this act and the day after publication of this act is on or before
18December 31, 1999, the renumbering and amendment of section 939.626 of the
19statutes, as created by this act, takes effect on December 31, 1999.
AB37-ASA1,2,2320
(2)
If 1999 Assembly Bill 465 has been enacted on or before the day after
21publication of this act and the day after publication of this act is after December 31,
221999, the renumbering and amendment of section 939.626 of the statutes, as created
23by this act, takes effect on the day after publication of this act.
AB37-ASA1,3,324
(3)
If 1999 Assembly Bill 465 is enacted after the day after publication of this
25act but before July 1, 2000, the renumbering and amendment of section 939.626 of
1the statutes, as created by this act, takes effect on December 31, 1999, or on the date
2that the creation of section 973.017 of the statutes by 1999 Assembly Bill 465 takes
3effect, whichever is later.
