LRB-3365/1
PJH:jld:pg
2007 - 2008 LEGISLATURE
November 2, 2007 - Introduced by Representatives Gundrum, Musser, LeMahieu,
Jeskewitz, Berceau, Hahn, Shilling, Townsend and A. Ott, cosponsored by
Senators Kapanke, Vinehout, Lazich, Olsen and Roessler. Referred to
Committee on Judiciary and Ethics.
AB564,1,2
1An Act to repeal 29.341 and 346.74 (5) (e); and
to create 940.245 of the statutes;
2relating to: duties upon causing an injury, and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who accidentally injures another person while
hunting with a firearm or a bow has a duty to give his or her name to the injured
person, render assistance to the person, obtain immediate medical care for the
person, and report the incident to a local law enforcement agency. A person who fails
to comply with these requirements is subject to a fine of up to $5,000 or imprisonment
for up to one year if the person intentionally failed to comply, or for up to nine months
if the person negligently failed to comply, or both.
Under this bill, any person who knows that he or she has injured another with
a dangerous weapon is required to give his or her name to the injured person, render
assistance to the person, obtain immediate medical care for the person, and report
the incident to a local law enforcement agency. A person who fails to do so is guilty
of: 1) a Class A misdemeanor if the violation involved injury to a person but the
person did not suffer great bodily harm; 2) a Class E felony if the violation involved
injury to a person and the person suffered great bodily harm; or 3) a Class D felony
if the violation involved death to a person. The bill also eliminates a provision in the
statutes that leaving the scene of a motor vehicle accident is a felony if the accident
involved injury, but not great bodily harm, to another person.
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:
AB564, s. 1
1Section
1. 29.341 of the statutes is repealed.
AB564, s. 2
2Section
2. 346.74 (5) (e) of the statutes is repealed.
AB564, s. 3
3Section
3. 940.245 of the statutes is created to read:
AB564,2,10
4940.245 Duties upon accidental injury by dangerous weapon. (1) Any
5person who injures or kills another person with a dangerous weapon, and who knows
6or should know that the person has been injured or killed, shall immediately give his
7or her name and address to the injured person, render assistance to the injured
8person and obtain immediate medical or hospital care for the injured person, and
9immediately report the injury or death to the sheriff or police of the locality in which
10the incident took place.
AB564,2,11
11(2) Any person who violates sub. (1):
AB564,2,1312
(a) Is guilty of a Class A misdemeanor if the violation involved injury to a person
13but the person did not suffer great bodily harm.
AB564,2,1514
(b) Is guilty of a Class E felony if the violation involved injury to a person and
15the person suffered great bodily harm.
AB564,2,1616
(c) Is guilty of a Class D felony if the violation involved death to a person.
