LRB-3065/2
BF:skg:jlb
1995 - 1996 LEGISLATURE
April 3, 1995 - Introduced by Representatives Owens, Dobyns, Kaufert, Ladwig,
Kreibich, Walker, Green, Skindrud and Seratti, cosponsored by Senators
Buettner, Darling and Andrea. Referred to Committee on Criminal Justice
and Corrections.
AB276,1,2
1An Act to create 946.415 of the statutes;
relating to: refusing to comply with
2a peace officer's attempt to take a person into custody and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, if a person resists or obstructs a peace officer, upon
conviction the person may be fined not more than $10,000 or imprisoned for not more
than 9 months or both. This bill provides a penalty for intentionally doing all of the
following: failing to comply with an officer's attempt to take the person into custody;
retreating or remaining in some place and attempting to prevent the officer from
taking the person into custody; and being armed with or threatening to use a
dangerous weapon. Upon conviction, the person may be fined not more than $10,000
or imprisoned for not more than 2 years or both.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB276, s. 1
3Section
1. 946.415 of the statutes is created to read:
AB276,1,5
4946.415 Failure to comply with officer's attempt to take person into
5custody. (1) In this section, "officer" has the meaning given in s. 946.41 (2) (b).
AB276,1,6
6(2) Whoever intentionally does all of the following is guilty of a Class E felony:
AB276,1,77
(a) Refuses to comply with an officer's attempt to take him or her into custody.
AB276,1,98
(b) Retreats or remains in a building or place and, through action or threat,
9attempts to prevent the officer from taking him or her into custody.
AB276,2,3
1(c) While acting under pars. (a) and (b), remains or becomes armed with a
2dangerous weapon or threatens to use a dangerous weapon regardless of whether he
3or she has a dangerous weapon.
