SB248: Bill Text

LRB-0139/4

MGD:lmk&jld:pg

2005 - 2006 LEGISLATURE

2005 Senate BILL 248

June 27, 2005 - Introduced by Senators Olsen and Roessler, cosponsored by Representatives Krusick, Musser, Townsend, Hines, Ott and Zepnick. Referred to Committee on Judiciary, Corrections and Privacy.

SB248,1,3 An Act to repeal 946.47 (3); to renumber and amend 946.47 (1) and 946.47 (2); to amend 946.47 (title); and to create 946.47 (1m) (intro.), 946.47 (2m) and 946.47 (3m) of the statutes; relating to: aiding a felon and providing penalties.

Analysis by the Legislative Reference Bureau

Current law prohibits a person from harboring or aiding a felon with intent to prevent the felon's apprehension. Current law also prohibits a person from destroying, altering, hiding, or disguising physical evidence or placing false evidence with intent to prevent the apprehension, prosecution, or conviction of a felon. A person who violates these prohibitions may be fined up to $10,000 or sentenced to a term of imprisonment of up to three and one-half years (which, if the sentence is for more than one year, includes a term of confinement and a term of extended supervision) or both. Alternatively, as with nearly all other crimes, the court may place the person on probation in lieu of requiring the person to serve time in prison or jail. These prohibitions, however, do not apply to the felon or to his or her spouse, parents, grandparents, children, grandchildren, brothers, or sisters.

This bill requires that a person convicted of violating one of these prohibitions be sentenced to a term of imprisonment and be assessed a fine. Under the bill, the court may not place the person on probation. The bill also increases the maximum term of imprisonment for violating these prohibitions if the felon being assisted has committed: 1) a Class A, B, C, or D felony; 2) an unclassified felony that is punishable by a sentence of life imprisonment; or 3) an offense in another state that is punishable by imprisonment there for one year or more and that would, if committed in Wisconsin, be a Class A, B, C, or D felony or be punishable by a sentence of life imprisonment. Under the bill, the maximum term of imprisonment in such a case is six years. In addition, the bill eliminates the provision in current law that exempts the felon and his or her family members from the prohibitions on harboring or aiding a felon.

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:

SB248, s. 1 Section 1. 946.47 (title) of the statutes is amended to read:

SB248,2,2 946.47 (title) Harboring or aiding Aiding felons.

SB248, s. 2 Section 2. 946.47 (1) of the statutes is renumbered 946.47 (1m) (a) and amended to read:

SB248,2,6 946.47 (1m) (a) Whoever does either "Aid a felon" means any of the following is guilty of a Class I felony:

SB248,2,8 1. With intent to prevent the apprehension of a felon, harbors harbor, or aids aid him or her; or.

SB248,2,11 2. With intent to prevent the apprehension, prosecution, or conviction of a felon, destroys, alters, hides destroy, alter, hide, or disguises disguise physical evidence, or places place false evidence.

SB248, s. 3 Section 3. 946.47 (1m) (intro.) of the statutes is created to read:

SB248,2,13 946.47 (1m) (intro.) In this section:

SB248, s. 4 Section 4. 946.47 (2) of the statutes is renumbered 946.47 (1m) (b), and 946.47 (1m) (b) (intro.), as renumbered, is amended to read:

SB248,3,2 946.47 (1m) (b) (intro.) As used in this section "felon" "Felon" means either of the following:

SB248, s. 5 Section 5. 946.47 (2m) of the statutes is created to read:

SB248,3,4 946.47 (2m) Whoever aids a felon is guilty of the following:

SB248,3,7 (a) A Class H felony, if the offense committed by the felon being aided is, or if committed in this state would be, a Class A, B, C, or D felony or an unclassified felony that is punishable by a sentence of life imprisonment.

SB248,3,10 (b) A Class I felony, if the offense committed by the felon being aided is, or if committed in this state would be, a Class E, F, G, H, or I felony or an unclassified felony that is not punishable by a sentence of life imprisonment.

SB248, s. 6 Section 6. 946.47 (3) of the statutes is repealed.

SB248, s. 7 Section 7. 946.47 (3m) of the statutes is created to read:

SB248,3,15 946.47 (3m) Notwithstanding s. 939.50 (3) (h) and (i), a court sentencing a person convicted under sub. (2m) shall impose both a fine and a term of imprisonment. The court may not place the person on probation.

SB248,3,16 (End)