LRBs0613/1
CMH:lmk:ch
2005 - 2006 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 784
March 1, 2006 - Offered by Committee on Judiciary, Corrections and Privacy.
AB784-SSA1,1,5
1An Act to renumber and amend 948.02 (1);
to amend 948.025 (1) (a) and
2948.025 (2) (a); and
to create 939.617, 948.02 (1) (a), (c), (d) and (e), 948.025 (1)
3(ag) and (ar) and 948.025 (2) (ag) and (ar) of the statutes;
relating to:
4mandatory terms of confinement for certain child sex offenses and providing
5penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB784-SSA1,1,11
7939.617 Mandatory minimum sentence for child sex offenses. (1) If a
8person is convicted of a violation of s. 948.02 (1) (b) or (c) or 948.025 (1) (a), the court
9shall impose a bifurcated sentence under s. 973.01. The term of confinement in
10prison portion of the bifurcated sentence shall be at least 25 years. Otherwise the
11penalties for the crime apply, subject to any applicable penalty enhancement.
AB784-SSA1,2,5
1(2) If a person is convicted of a violation of s. 948.02 (1) (d) or 948.025 (1) (ag),
2the court shall impose a bifurcated sentence under s. 973.01. The term of
3confinement in prison portion of the bifurcated sentence shall be at least 5 years.
4Otherwise the penalties for the crime apply, subject to any applicable penalty
5enhancement.
AB784-SSA1,2,6
6(3) This section does not apply if s. 939.62 (2m) (c) applies.
AB784-SSA1, s. 2
7Section
2. 948.02 (1) of the statutes is renumbered 948.02 (1) (b) and amended
8to read:
AB784-SSA1,2,109
948.02
(1) (b) Whoever has
sexual contact or sexual intercourse with a person
10who has not attained the age of
13 12 years is guilty of a Class B felony.
AB784-SSA1, s. 3
11Section
3. 948.02 (1) (a), (c), (d) and (e) of the statutes are created to read:
AB784-SSA1,2,1512
948.02
(1) (a) In this subsection, "sexual intercourse" means vulvar
13penetration as well as cunnilingus, fellatio, or anal intercourse between persons or
14any intrusion of any object into the genital or anal opening either by the defendant
15or upon the defendant's instruction. The emission of semen is not required.
AB784-SSA1,2,1716
(c) Whoever has sexual intercourse with a person who has not attained the age
17of 16 years by use or threat of force or violence is guilty of a Class B felony.
AB784-SSA1,2,2018
(d) Whoever has sexual contact with a person who has not attained the age of
1916 years by use or threat of force or violence is guilty of a Class B felony if the actor
20is at least 18 years of age when the sexual contact occurs.
AB784-SSA1,2,2221
(e) Whoever has sexual contact with a person who has not attained the age of
2213 years is guilty of a Class B felony.
AB784-SSA1, s. 4
23Section
4. 948.025 (1) (a) of the statutes is amended to read:
AB784-SSA1,2,2524
948.025
(1) (a) A Class B felony if at least 3 of the violations were violations of
25s. 948.02 (1)
(b) or (c).
AB784-SSA1, s. 5
1Section
5. 948.025 (1) (ag) and (ar) of the statutes are created to read:
AB784-SSA1,3,42
948.025
(1) (ag) A Class B felony if at least 3 of the violations were violations
3of s. 948.02 (1) (b), (c), or (d) but fewer than 3 of the violations were violations of s.
4948.02 (1) (b) or (c).
AB784-SSA1,3,75
(ar) A Class B felony if at least 3 of the violations were violations of s. 948.02
6(1) (b), (c), (d), or (e) but fewer than 3 of the violations were violations of s. 948.02 (1)
7(b), (c), or (d).
AB784-SSA1, s. 6
8Section
6. 948.025 (2) (a) of the statutes is amended to read:
AB784-SSA1,3,139
948.025
(2) (a) If an action under sub. (1) (a) is tried to a jury, in order to find
10the defendant guilty the members of the jury must unanimously agree that at least
113 violations of s. 948.02 (1)
(b) or (c) occurred within the specified period of time but
12need not agree on which acts constitute the requisite number
and need not agree on
13whether a particular violation was a violation of s. 948.02 (1) (b) or (c).
AB784-SSA1, s. 7
14Section
7. 948.025 (2) (ag) and (ar) of the statutes are created to read:
AB784-SSA1,3,1915
948.025
(2) (ag) If an action under sub. (1) (ag) is tried to a jury, in order to find
16the defendant guilty the members of the jury must unanimously agree that at least
173 violations of s. 948.02 (1) (b), (c), or (d) occurred within the specified period of time
18but need not agree on which acts constitute the requisite number and need not agree
19on whether a particular violation was a violation of s. 948.02 (1) (b), (c), or (d).
AB784-SSA1,3,2420
(ar) If an action under sub. (1) (ar) is tried to a jury, in order to find the
21defendant guilty the members of the jury must unanimously agree that at least 3
22violations of s. 948.02 (1) (b), (c), (d), or (e) occurred within the specified period of time
23but need not agree on which acts constitute the requisite number and need not agree
24on whether a particular violation was a violation of s. 948.02 (1) (b), (c), (d), or (e).
