This bill provides that a legal person convicted of any of the homicides specified
in the above chart must be fined an amount that is not more than $250,000. Thus,
the bill has the following consequences: 1) it increases for legal persons (but not
human beings) the maximum potential fine for those homicides in the above chart
that currently have a maximum fine of $10,000; and 2) it allows a legal person to be
convicted of first-degree or second-degree intentional homicide, first-degree
reckless homicide or homicide by intoxicated use of a vehicle by providing a fine for
legal persons who commit first-degree or second-degree intentional homicide,
first-degree reckless homicide or homicide by intoxicated use of a vehicle.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB438, s. 1
1Section
1. 939.50 (1) (intro.) of the statutes is amended to read:
AB438,2,32
939.50
(1) (intro.) Except as provided in ss.
939.55 and 946.83
and to 946.85,
3felonies in chs. 939 to 951 are classified as follows:
AB438, s. 2
4Section
2. 939.55 of the statutes is created to read:
AB438,3,2
1939.55 Penalty for homicide committed by an organization. (1) In this
2section, "organization" means a person other than an individual.
AB438,3,5
3(2) An organization that is convicted of violating s. 940.01, 940.02, 940.05,
4940.06, 940.07, 940.08, 940.09 or 940.10 is guilty of a felony and shall be fined not
5more than $250,000.
AB438, s. 3
6Section
3. 967.05 (1) (b) of the statutes is amended to read:
AB438,3,87
967.05
(1) (b) In the case of
a corporation or limited liability company an
8organization, as defined in s. 939.55 (1), an information;
AB438, s. 4
9Section
4. 968.05 (title) of the statutes is amended to read:
AB438,3,11
10968.05 (title)
Corporations or limited liability companies
11Organizations: summons in criminal cases.
AB438, s. 5
12Section
5. 968.05 (1) of the statutes is amended to read:
AB438,3,1713
968.05
(1) When
a corporation or limited liability company an organization, as
14defined in s. 939.55 (1), is charged with the commission of a criminal offense, the
15judge or district attorney shall issue a summons setting forth the nature of the
16offense and commanding the
corporation or limited liability company organization 17to appear before a court at a specific time and place.
AB438, s. 6
18Section
6. 968.05 (2) of the statutes is amended to read:
AB438,3,2219
968.05
(2) The summons
under sub. (1) for the appearance of
a corporation or
20limited liability company an organization may be served as provided
for service of
21a summons upon a corporation or limited liability company in a civil action under s.
22801.11. The summons shall be returnable not less than 10 days after service.
AB438, s. 7
23Section
7. 970.02 (1) (c) of the statutes is amended to read:
AB438,4,424
970.02
(1) (c) That the defendant is entitled to a preliminary examination if
25charged with a felony in any complaint, including a complaint issued under s. 968.26,
1or when the defendant has been returned to this state for prosecution through
2extradition proceedings under ch. 976, or any indictment, unless waived in writing
3or in open court, or unless the defendant is
a corporation or limited liability company 4an organization, as defined in s. 939.55 (1).
AB438, s. 8
5Section
8. 971.02 (1) of the statutes is amended to read:
AB438,4,146
971.02
(1) If the defendant is charged with a felony in any complaint, including
7a complaint issued under s. 968.26, or when the defendant has been returned to this
8state for prosecution through extradition proceedings under ch. 976, or any
9indictment, no information or indictment shall be filed until the defendant has had
10a preliminary examination, unless the defendant waives such examination in
11writing or in open court or unless the defendant is
a corporation or limited liability
12company an organization, as defined under s. 939.55 (1). The omission of the
13preliminary examination shall not invalidate any information unless the defendant
14moves to dismiss prior to the entry of a plea.
AB438, s. 9
15Section
9. 973.17 (title) of the statutes is amended to read:
AB438,4,17
16973.17 (title)
Judgment against a corporation or limited liability
17company an organization.
AB438, s. 10
18Section
10. 973.17 (1) of the statutes is renumbered 973.17 (1r) and amended
19to read:
AB438,4,2420
973.17
(1r) If
a corporation or limited liability company an organization fails
21to appear within the time required by
the a summons
issued under s. 968.05, the
22default of such
corporation or limited liability company organization may be
23recorded and the charge against it taken as true, and judgment shall be rendered
24accordingly.
AB438, s. 11
25Section
11. 973.17 (1g) of the statutes is created to read:
AB438,5,2
1973.17
(1g) In this section, "organization" has the meaning given in s. 939.55
2(1).
AB438, s. 12
3Section
12. 973.17 (2) of the statutes is amended to read:
AB438,5,64
973.17
(2) Upon default of
the defendant corporation or limited liability
5company an organization under sub. (1r) or upon conviction
of an organization,
6judgment for the amount of the fine shall be entered.
AB438, s. 13
7Section
13. 973.17 (3) of the statutes is amended to read:
AB438,5,98
973.17
(3) A judgment against
a corporation or limited liability company an
9organization shall be collected in the same manner as in civil actions.
AB438,5,1211
(1) This act first applies to offenses occurring on the effective date of this
12subsection.