LRB-4982/1
JEO:mfd:hmh
1997 - 1998 LEGISLATURE
February 24, 1998 - Introduced by Representative Walker, cosponsored by
Senator Rosenzweig. Referred to Committee on Criminal Justice and
Corrections.
AB813,1,2
1An Act to amend 943.23 (1g) of the statutes;
relating to: taking a vehicle
2without consent of the owner by using or threatening to use force or violence.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from taking a vehicle without the consent of the
owner. If a person violates this prohibition while possessing a dangerous weapon and
using or threatening to use force or the dangerous weapon (a crime often referred to
as "carjacking"), he or she may be imprisoned for not more than 40 years. If the
person causes great bodily harm to another person while committing a carjacking,
he or she is subject to a presumptive minimum sentence of 10 years of imprisonment.
Finally, a person who causes the death of another while committing a carjacking
must be sentenced to life imprisonment.
This bill eliminates the requirement that a person actually possess a dangerous
weapon before he or she can be convicted of the crime of carjacking. Under the bill,
a person is guilty of carjacking if the person takes a vehicle without the consent of
the owner by using or threatening to use force or violence, regardless of whether the
person actually possesses a dangerous weapon.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB813, s. 1
3Section
1. 943.23 (1g) of the statutes is amended to read:
AB813,2,4
1943.23
(1g) Whoever
, while possessing a dangerous weapon and by the use of,
2or the threat of the use of, force or the weapon against another, intentionally takes
3any vehicle without the consent of the owner
by use or threat of force or violence
4against another is guilty of a Class B felony.
AB813,2,76
(1) This act first applies to offenses committed on the effective date of this
7subsection.
