LRB-2457/2
JEO:mfd:km
1997 - 1998 LEGISLATURE
June 10, 1997 - Introduced by Representatives Ladwig, Dobyns, Albers,
Baumgart, Hasenohrl, Hoven, Owens, Porter, Seratti, Staskunas, Sykora

and Vrakas, cosponsored by Senators C. Potter, Fitzgerald, Rosenzweig and
Welch. Referred to Committee on Criminal Justice and Corrections.
AB411,1,2 1An Act to create 939.622 of the statutes; relating to: burglary and providing
2a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person is guilty of burglary if he or she intentionally enters
a building, dwelling or certain other places without the consent of the person in
lawful possession of the building, dwelling or other place and with intent to steal or
commit a felony in the building, dwelling or other place. A person convicted of
burglary may be fined not more than $10,000 or imprisoned for not more than 10
years or both, except that the person may be imprisoned for not more than 40 years
if he or she commits the burglary while armed, commits a battery during the burglary
on a person lawfully inside the building, dwelling or other place, or uses explosives
to open a depository in the building, dwelling or other place.
This bill provides that the maximum prison term for burglary may be increased
by not more than 5 years if the place that is burglarized is a dwelling and if another
person was lawfully present in the dwelling at the time of the burglary.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB411, s. 1 3Section 1. 939.622 of the statutes is created to read:
AB411,2,3
1939.622 Increased penalty; burglary of an occupied dwelling. If a
2person is convicted of violating s. 943.10, the maximum term of imprisonment for the
3crime may be increased by not more than 5 years if all of the following apply:
AB411,2,4 4(1) The burglarized enclosure is a dwelling.
AB411,2,6 5(2) Another person was lawfully present in the dwelling at the time of the
6violation.
AB411, s. 2 7Section 2. Initial applicability.
AB411,2,98 (1) This act applies to offenses committed on or after the effective date of this
9subsection.
AB411,2,1010 (End)
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