LRBs0165/1
PJH:jld&wlj:ph
2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 3,
TO 2011 ASSEMBLY BILL 69
August 16, 2011 - Offered by Representative Kaufert.
AB69-ASA3,1,2 1An Act to create 895.62 and 939.48 (1m) of the statutes; relating to:
2self-defense.
Analysis by the Legislative Reference Bureau
In general, a person who uses force in self-defense or in the defense of another
person may not be convicted of a crime stemming from that use of force. This law
applies only when: 1) the amount of force used is reasonable; and 2) the person uses
that force to prevent or stop what he or she reasonably believes is an unlawful
interference with himself or herself or another person, such as the crime of battery.
Current law specifies that a person may use force that is intended or likely to cause
the death of or great bodily harm to another individual only if the person reasonably
believes that using such force is necessary to prevent the imminent death of or great
bodily harm to himself or herself or another person.
Under this substitute amendment, if a person used defensive force that was
intended or likely to cause death or great bodily harm, a court in a criminal case
against the person must presume that the person reasonably believed that the force
was necessary to prevent death or great bodily harm to himself or herself or to
another person if: 1) the individual against whom the force was used was in the
process of unlawfully and forcibly entering, or had already unlawfully and forcefully
entered, the dwelling, motor vehicle, or, in the case of a business owner or operator,
place of business of the person who used the force; 2) the person was present in that
dwelling, motor vehicle, or place of business; and 3) the person knew or reasonably

believed that an unlawful and forcible entry was occurring or had occurred. This
presumption, however, does not apply if: 1) the person who used the force was
engaged in a criminal activity or was using his or her dwelling, motor vehicle, or place
of business to further a criminal activity; or 2) the individual against whom the force
was used had identified himself or herself as a peace officer (or was or should have
been known to be a peace officer) and was entering the dwelling, motor vehicle, or
place of business in the performance of his or her official duties.
Under the substitute amendment, a person who uses force that is intended or
likely to cause death or great bodily harm is immune from civil liability if the person
reasonably believed that the force was necessary to prevent death or bodily harm to
himself or herself or to another person and if: 1) the individual against whom the
force was used was in the process of unlawfully and forcibly entering, or had already
forcibly entered, the dwelling, motor vehicle, or place of business of the person who
used the force; 2) the person who used the force was present in the dwelling, motor
vehicle, or place of business; and 3) the person who used the force knew or had reason
to believe that an unlawful and forcible entry was occurring or had occurred. Under
the substitute amendment for purposes of civil immunity, a person is not presumed
to have reasonably believed that the force was necessary if: 1) the person who used
the force was engaged in a criminal activity or was using his or her dwelling, motor
vehicle, or place of business to further a criminal activity; or 2) the individual against
whom the force was used had identified himself or herself as a peace officer (or was
or should have been known to be a peace officer) and was entering the dwelling, motor
vehicle, or place of business in the performance of his or her official duties.
Under the substitute amendment, if a court finds that person who is sued in
civil court is immune from liability, the person is entitled to attorney fees, court costs,
compensation for income loss, and other expenses the person incurred to defend
himself or herself against the civil action.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB69-ASA3, s. 1 1Section 1. 895.62 of the statutes is created to read:
AB69-ASA3,2,4 2895.62 Use of force in response to unlawful and forcible entry into a
3dwelling, motor vehicle, or place of business; civil liability immunity.
(1)
4In this section:
AB69-ASA3,2,65 (a) "Actor" means a person who uses force that is intended or likely cause death
6or great bodily harm to another person.
AB69-ASA3,2,77 (b) "Dwelling" has the meaning given in s. 895.07 (1) (h).
AB69-ASA3,3,1
1(c) "Place of business" means a business that the actor owns or operates.
AB69-ASA3,3,6 2(2) Except as provided in sub. (4), an actor is immune from civil liability arising
3out of his or her use of force that is intended or likely to cause death or great bodily
4harm if the actor reasonably believed that the force was necessary to prevent
5imminent death or bodily harm to himself or herself or to another person and either
6of the following applies:
AB69-ASA3,3,117 (a) The person against whom the force was used was in the process of
8unlawfully and forcibly entering the actor's dwelling, motor vehicle, or place of
9business, the actor was on his or her property or present in the dwelling, motor
10vehicle, or place of business, and the actor knew or had reason to believe that an
11unlawful and forcible entry was occurring.
AB69-ASA3,3,1612 (b) The person against whom the force was used was in the actor's dwelling,
13motor vehicle, or place of business after unlawfully and forcibly entering it, the actor
14was present in the dwelling, motor vehicle, or place of business, and the actor knew
15or had reason to believe that the person had unlawfully and forcibly entered the
16dwelling, motor vehicle, or place of business.
AB69-ASA3,3,20 17(3) If sub. (2) (a) or (b) applies, the finder of fact may not consider whether the
18actor had an opportunity to flee or retreat before he or she used force and the actor
19is presumed to have believed that the force was necessary to prevent imminent death
20or bodily harm to himself or herself or to another person.
AB69-ASA3,3,22 21(4) The presumption described in sub. (3) does not apply if any of the following
22are true:
AB69-ASA3,3,2523 (a) The actor was engaged in a criminal activity or was using his or her
24dwelling, motor vehicle, or place of business to further a criminal activity at the time
25he or she used the force described in sub. (2).
AB69-ASA3,4,4
1(b) The person against whom the force was used was a peace officer who entered
2or attempted to enter the actor's dwelling, motor vehicle, or place of business in the
3performance of his or her official duties. This paragraph applies only if at least one
4of the following applies:
AB69-ASA3,4,65 1. The officer identified himself or herself to the actor before the force described
6in sub. (2) was used by the actor.
AB69-ASA3,4,97 2. The actor knew or reasonably should have known that the person entering
8or attempting to enter his or her dwelling, motor vehicle, or place of business was a
9peace officer.
AB69-ASA3,4,13 10(5) In any civil action, if a court finds that a person is immune from civil liability
11under sub. (2), the court shall award the person reasonable attorney fees, costs,
12compensation for loss of income, and other costs of the litigation reasonably incurred
13by the person.
AB69-ASA3, s. 2 14Section 2. 939.48 (1m) of the statutes is created to read:
AB69-ASA3,4,1515 939.48 (1m) (a) In this subsection:
AB69-ASA3,4,1616 1. "Dwelling" has the meaning given in s. 895.07 (1) (h).
AB69-ASA3,4,1717 2. "Place of business" means a business that the actor owns or operates.
AB69-ASA3,4,2318 (ar) If an actor intentionally used force that was intended or likely to cause
19death or great bodily harm, the court may not consider whether the actor had an
20opportunity to flee or retreat before he or she used force and shall presume that the
21actor reasonably believed that the force was necessary to prevent imminent death
22or great bodily harm to himself or herself if the actor makes such a claim under sub.
23(1) and either of the following applies:
AB69-ASA3,5,224 1. The person against whom the force was used was in the process of unlawfully
25and forcibly entering the actor's dwelling, motor vehicle, or place of business, the

1actor was present in the dwelling, motor vehicle, or place of business, and the actor
2knew or reasonably believed that an unlawful and forcible entry was occurring.
AB69-ASA3,5,73 2. The person against whom the force was used was in the actor's dwelling,
4motor vehicle, or place of business after unlawfully and forcibly entering it, the actor
5was present in the dwelling, motor vehicle, or place of business, and the actor knew
6or reasonably believed that the person had unlawfully and forcibly entered the
7dwelling, motor vehicle, or place of business.
AB69-ASA3,5,98 (b) The presumption described in par. (ar) does not apply if any of the following
9applies:
AB69-ASA3,5,1110 1. The actor was engaged in a criminal activity or was using his or her dwelling,
11motor vehicle, or place of business to further a criminal activity at the time.
AB69-ASA3,5,1512 2. The person against whom the force was used was a peace officer who entered
13or attempted to enter the actor's dwelling, motor vehicle, or place of business in the
14performance of his or her official duties. This subdivision applies only if at least one
15of the following applies:
AB69-ASA3,5,1716 a. The officer identified himself or herself to the actor before the force described
17in par. (ar) was used by the actor.
AB69-ASA3,5,2018 b. The actor knew or reasonably should have known that the person entering
19or attempting to enter his or her dwelling, motor vehicle, or place of business was a
20peace officer.
AB69-ASA3, s. 3 21Section 3. Initial applicability.
AB69-ASA3,5,23 22(1) This act first applies to a use of force that occurs on the effective date of this
23subsection.
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