AB123: Bill Text

LRB-2033/1

BF:skg:ks

1995 - 1996 LEGISLATURE

1995 Assembly BILL 123

February 8, 1995 - Introduced by Representatives Owens, Ladwig, Freese, Lazich, Vrakas, Ainsworth, Handrick, Coleman, Otte, Grothman, Olsen, Hoven, Porter, Musser and Wasserman, cosponsored by Senators Buettner, Petak, A. Lasee and Breske. Referred to Committee on Criminal Justice and Corrections.

AB123,1,4 An Act to amend 302.11 (1), 304.02 (5), 304.06 (1) (b), 304.071 (2), 939.50 (2), 948.02 (1), 971.11 (1), 971.37 (1) (intro.) and 973.09 (1) (c); and to create 302.11 (1x), 939.50 (1) (ab) and 939.50 (3) (ab) of the statutes; relating to: sexual assault and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, whoever is convicted of sexually assaulting a child younger than 13 years old may be imprisoned for not more than 40 years. Under this bill, the offender must be sentenced to imprisonment for not less than 20 nor more than 50 years. The offender must serve the sentence without the possibility of parole.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

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

AB123, s. 1 Section 1. 302.11 (1) of the statutes is amended to read:

AB123,1,11 302.11 (1) The warden or superintendent shall keep a record of the conduct of each inmate, specifying each infraction of the rules. Except as provided in subs. (1g), (1m), (1x), (7) and (10), each inmate is entitled to mandatory release on parole by the department. The mandatory release date is established at two-thirds of the sentence. Any calculations under this subsection or sub. (2) (b) resulting in fractions of a day shall be rounded in the inmate's favor to a whole day.

AB123, s. 2 Section 2. 302.11 (1x) of the statutes is created to read:

AB123,2,3 302.11 (1x) An inmate serving a term subject to s. 939.50 (3) (ab) is not entitled to mandatory release.

AB123, s. 3 Section 3. 304.02 (5) of the statutes is amended to read:

AB123,2,7 304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life sentence under s. 939.62 (2m) or who is serving a term subject to s. 939.50 (3) (ab) is not eligible for release to parole supervision under this section.

AB123, s. 4 Section 4. 304.06 (1) (b) of the statutes is amended to read:

AB123,2,23 304.06 (1) (b) Except as provided in sub. (1m) or s. 161.49 (2), 302.045 (3), 939.50 (3) (ab) or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) or 973.014, the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension using the formulas under s. 302.11 (2). The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

AB123, s. 5 Section 5. 304.071 (2) of the statutes is amended to read:

AB123,3,2 304.071 (2) If a prisoner is not eligible for parole under s. 161.49 (2), 939.50 (3) (ab), 939.62 (2m) or 973.032 (5), he or she is not eligible for parole under this section.

AB123, s. 6 Section 6. 939.50 (1) (ab) of the statutes is created to read:

AB123,3,4 939.50 (1) (ab) Class AB felony.

AB123, s. 7 Section 7. 939.50 (2) of the statutes is amended to read:

AB123,3,7 939.50 (2) A felony is a Class A, AB, B, C, D or E felony when it is so specified in chs. 939 to 951.

AB123, s. 8 Section 8. 939.50 (3) (ab) of the statutes is created to read:

AB123,3,11 939.50 (3) (ab) For a Class AB felony, imprisonment for not less than 20 years nor more than 50 years. The defendant shall serve the sentence that the court imposes without the possibility of parole.

AB123, s. 9 Section 9. 948.02 (1) of the statutes is amended to read:

AB123,3,15 948.02 (1) First degree sexual assault. Whoever has sexual contact or sexual intercourse with a person who has not attained the age of 13 years is guilty of a Class B AB felony.

AB123, s. 10 Section 10. 971.11 (1) of the statutes is amended to read:

AB123,3,25 971.11 (1) Whenever the warden or superintendent receives notice of an untried criminal case pending in this state against an inmate of a state prison, the warden or superintendent shall, at the request of the inmate, send by certified mail a written request to the district attorney for prompt disposition of the case. The request shall state the sentence then being served, the date of parole eligibility, if applicable, the approximate discharge or conditional release date, and prior decision relating to parole. If there has been no preliminary examination on the pending case, the request shall state whether the inmate waives such examination, and, if so, shall be accompanied by a written waiver signed by the inmate.

AB123, s. 11 Section 11. 971.37 (1) (intro.) of the statutes is amended to read:

AB123,4,4 971.37 (1) (intro.) In this section, "child sexual abuse" means an alleged violation of s. 940.225, 948.02 (2) or (3), 948.025, 948.05 or 948.06 if the alleged victim is a minor and the person accused of, or charged with, the violation:

AB123, s. 12 Section 12. 973.09 (1) (c) of the statutes is amended to read:

AB123,4,8 973.09 (1) (c) When a person is convicted of any crime which is punishable by life imprisonment or under s. 939.50 (3) (ab), the court shall not place the person on probation.

AB123, s. 13 Section 13. Initial applicability.

AB123,4,11 (1)  This act first applies to offenses committed on the effective date of this subsection.

AB123,4,12 (End)