LRB-4051/1
MGD:jld:rs
2003 - 2004 LEGISLATURE
February 24, 2004 - Introduced by Senators Lazich, Darling, A. Lasee, Kanavas
and Kedzie, cosponsored by Representatives Stone, Honadel, McCormick,
Hines, Nass, J. Wood, Gronemus, Pettis, Ladwig, Musser and Jeskewitz.
Referred to Committee on Judiciary, Corrections and Privacy.
SB490,1,2
1An Act to amend 948.02 (1) and 948.025 (1) (a) of the statutes;
relating to:
2sexual assault of a child and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who has sexual contact or sexual intercourse with
someone who is under the age of 13 is guilty of first degree sexual assault of a child,
which is a Class B felony. A person is also guilty of a Class B felony if he or she
engages in a course of conduct that involves three or more violations of the first
degree sexual assault of a child law. A person who is convicted of a Class B felony
may be sentenced to a term of imprisonment (consisting of a term of confinement in
state prison followed by a term of extended supervision) of up to 60 years.
This bill changes each of these two crimes into a Class A felony, which is
punishable by a term of life imprisonment. As with other Class A felonies, when a
person is sentenced for one of these offenses, the court must specify: 1) that the
person is eligible to petition the court for release to extended supervision on a
specified date, which must be at least 20 years after the start of the sentence, or 2)
that the person may not be released to extended supervision.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB490,2,53
948.02
(1) First degree sexual assault. Whoever has sexual contact or sexual
4intercourse with a person who has not attained the age of 13 years is guilty of a Class
5B A felony.
SB490,2,98
948.025
(1) (a) A Class
B A felony if at least 3 of the violations were violations
9of s. 948.02 (1).
SB490,2,1211
(1) The treatment of section 948.025 (1) (a) of the statutes first applies to
12specified periods of time commencing on the effective date of this subsection.
