AB79: Bill Text

This bill creates a penalty enhancer that may be applied to a person who, while committing a crime, intentionally destroys, damages or mutilates a U.S. or state flag or intentionally urinates, defecates or expectorates upon a U.S. or state flag. The penalty increases for the crime are the same as those provided under the "hate crimes" penalty enhancer.

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

AB79, s. 1 Section 1. 895.75 (title) of the statutes is amended to read:

AB79,3,3 895.75 (title) Physical injury, emotional distress, loss or damage suffered by members of certain groups or owners of certain property.

AB79, s. 2 Section 2. 938.34 (14d) (title) of the statutes is amended to read:

AB79,3,5 938.34 (14d) (title) Hate violations ; violations involving a U.S. or state flag.

AB79, s. 3 Section 3. 938.34 (14d) (d) of the statutes is amended to read:

AB79,3,9 938.34 (14d) (d) That the juvenile participate in an educational program under sub. (7n) that includes sensitivity training or training in diversity , if the violation was committed under circumstances specified in s. 939.645 (1) (b).

AB79, s. 4 Section 4. 938.34 (14d) (e) of the statutes is created to read:

AB79,3,14 938.34 (14d) (e) That the juvenile participate in an educational program that teaches the history of the U.S. flag and the Wisconsin state flag and the significance of those flags to the nation and the state, if the violation was committed under circumstances specified in s. 939.645 (1m) (b) 2.

AB79, s. 5 Section 5. 939.645 (1m) of the statutes is created to read:

AB79,3,17 939.645 (1m) (a) In this subsection, "flag" has the meaning given in s. 947.07 (1).

AB79,4,2 (b) If a person does all of the following, the penalties for the underlying crime are increased as provided in sub. (2):

AB79,4,3 1. Commits a crime under chs. 939 to 948.

AB79,4,5 2. While committing the crime under subd. 1., intentionally destroys, damages or mutilates a flag or intentionally urinates, defecates or expectorates upon a flag.

AB79, s. 6 Section 6. 939.645 (2) (a) of the statutes is amended to read:

AB79,4,10 939.645 (2) (a) If the crime committed under sub. (1) or (1m) is ordinarily a misdemeanor other than a Class A misdemeanor, the revised maximum fine is $10,000 and the revised maximum period of imprisonment is one year in the county jail.

AB79, s. 7 Section 7. 939.645 (2) (b) of the statutes is amended to read:

AB79,4,15 939.645 (2) (b) If the crime committed under sub. (1) or (1m) is ordinarily a Class A misdemeanor, the penalty increase under this section changes the status of the crime to a felony and the revised maximum fine is $10,000 and the revised maximum period of imprisonment is 2 years.

AB79, s. 8 Section 8. 939.645 (2) (c) of the statutes is amended to read:

AB79,4,20 939.645 (2) (c) If the crime committed under sub. (1) or (1m) is a felony, the maximum fine prescribed by law for the crime may be increased by not more than $5,000 and the maximum period of imprisonment prescribed by law for the crime may be increased by not more than 5 years.

AB79, s. 9 Section 9. 939.645 (3) of the statutes is amended to read:

AB79,4,25 939.645 (3) This section provides for the enhancement of the penalties applicable for the underlying crime. The court shall direct that the trier of fact find a special verdict as to all of the issues specified in sub. (1) or (1m), whichever is applicable.

AB79, s. 10 Section 10. 939.645 (4) of the statutes is renumbered 939.645 (4) (a) and amended to read:

AB79,5,7 939.645 (4) (a) This section Subsection (1) does not apply to any crime if proof of race, religion, color, disability, sexual orientation, national origin or ancestry or proof of any person's perception or belief regarding another's race, religion, color, disability, sexual orientation, national origin or ancestry is required for a conviction for that crime.

AB79, s. 11 Section 11. 939.645 (4) (b) of the statutes is created to read:

AB79,5,11 939.645 (4) (b) Subsection (1m) does not apply to any crime if proof of destruction or mutilation of a flag, damage to a flag or urination, defecation or expectoration upon a flag is required for a conviction for that crime.

AB79, s. 12 Section 12. 943.012 (5) of the statutes is created to read:

AB79,5,13 943.012 (5) A flag, as defined in s. 947.07 (1).

AB79, s. 13 Section 13. 947.07 of the statutes is created to read:

AB79,5,16 947.07 Causing violence or breach of the peace by damaging or destroying certain flags. (1) In this section, "flag" means any of the following:

AB79,5,18 (a) A flag of the United States consisting of horizontal stripes, alternately colored red and white, and a union of any number of white stars on a blue field.

AB79,5,20 (b) A Wisconsin state flag under s. 1.08 (1) or any flag that may be used as a state flag under s. 1.08 (2).

AB79,5,21 (c) Any copy, picture or representation of a flag specified in par. (a) or (b).

AB79,5,25 (2) Whoever destroys, damages or mutilates a flag, or urinates, defecates or expectorates upon a flag, with the intent to cause imminent violence or a breach of the peace under circumstances in which the actor knows that his or her conduct is likely to cause violence or a breach of the peace is guilty of a Class E felony.

AB79, s. 14 Section 14. Initial applicability.

AB79,6,3 (1) This act first applies to offenses occurring on the effective date of this subsection.

AB79,6,4 (End)