LRB-3330/1
MGD:kjf:ch
2005 - 2006 LEGISLATURE
February 16, 2006 - Introduced by Representatives Wieckert, Van Roy, Mursau,
Musser, Loeffelholz, Gunderson, Albers, Bies, Lehman, Jeskewitz, Zepnick,
Krawczyk, Ott and
Hines, cosponsored by Senators Kedzie, Risser,
Erpenbach and Wirch. Referred to Committee on Criminal Justice and
Homeland Security.
AB1027,1,4
1An Act to amend 343.12 (7) (c) 9., 940.285 (title), 940.285 (1) (dm), 940.285 (2)
2(a) 1., 940.285 (2) (a) 2. and 940.285 (2) (a) 3.; and
to create 940.285 (1) (f) of
3the statutes;
relating to: mistreatment of a child with a mental illness or a
4developmental disability and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits subjecting a vulnerable adult to maltreatment. A
vulnerable adult is defined as a person who is 18 or older, who has a developmental
disability, infirmities of aging, a mental illness, or a similar incapacity, and who is:
1) substantially mentally incapable of providing for his or her needs; or 2) unable to
report cruel maltreatment without assistance. Penalties for subjecting a vulnerable
adult to maltreatment depend on whether the conduct was intentional, reckless, or
negligent and on the extent of the harm, if any, suffered by the victim.
This bill prohibits subjecting a vulnerable child to maltreatment, with
penalties being the same as those that apply to maltreatment of a vulnerable adult.
The bill defines a vulnerable child as a person who is under 18, who has a
developmental disability, a mental illness, or a similar incapacity, and who is: 1)
substantially mentally incapable of providing for his or her needs; or 2) unable to
report cruel maltreatment without assistance.
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:
AB1027,2,43
343.12
(7) (c) 9. Abuse of a vulnerable adult
or a vulnerable child under
4circumstances constituting a felony under s. 940.285 (2).
AB1027, s. 2
5Section
2. 940.285 (title) of the statutes is amended to read:
AB1027,2,6
6940.285 (title)
Abuse of a vulnerable adults adult or vulnerable child.
AB1027, s. 3
7Section
3. 940.285 (1) (dm) of the statutes is amended to read:
AB1027,2,108
940.285
(1) (dm) "Recklessly" means conduct that creates a situation of
9unreasonable risk of harm and demonstrates a conscious disregard for the safety of
10the vulnerable adult
or vulnerable child.
AB1027, s. 4
11Section
4. 940.285 (1) (f) of the statutes is created to read:
AB1027,2,1412
940.285
(1) (f) "Vulnerable child" means any person who is under 18 years of
13age and who has a developmental disability, a mental illness, or an incapacity
14specified in s. 55.01 (5) and who is:
AB1027,2,1615
1. Substantially mentally incapable of providing for his or her needs for food,
16shelter, clothing, or personal or health care; or
AB1027,2,1717
2. Unable to report cruel maltreatment without assistance.
AB1027, s. 5
18Section
5. 940.285 (2) (a) 1. of the statutes is amended to read:
AB1027,2,2019
940.285
(2) (a) 1. Intentionally subjects a vulnerable adult
or a vulnerable child 20to maltreatment.
AB1027, s. 6
21Section
6. 940.285 (2) (a) 2. of the statutes is amended to read:
AB1027,3,2
1940.285
(2) (a) 2. Recklessly subjects a vulnerable adult
or a vulnerable child 2to maltreatment.
AB1027, s. 7
3Section
7. 940.285 (2) (a) 3. of the statutes is amended to read:
AB1027,3,54
940.285
(2) (a) 3. Negligently subjects a vulnerable adult
or a vulnerable child 5to maltreatment.
