2009 - 2010 LEGISLATURE
January 22, 2010 - Introduced by Representatives Staskunas, Fields, Steinbrink,
Turner, Ripp and
Zepnick, cosponsored by Senator Darling. Referred to
Committee on Education.
AB677,1,3
1An Act to amend 939.632 (title), 939.632 (2) (intro.) and 939.632 (4); and
to
2create 939.632 (1) (dm) and 939.632 (3m) of the statutes;
relating to:
3sentencing for crimes on school premises and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, if a person commits a violent crime, as defined in current
law, on or within 1,000 feet of school premises, on a school bus, or at a school bus stop,
the maximum term of imprisonment for that crime increases either by five years, if
the violent crime is a felony, or by three months, if the violent crime is a misdemeanor.
Under this bill, if a person commits battery, mayhem, sexual assault, sexual assault
of a child, or reckless injury on school premises, the maximum term of imprisonment
is increased by six years for the first offense, ten years for the second offense, and 15
years for the third or subsequent offense if the person is not a student at the school
and if the crime is committed during school hours or within one hour of school
starting or ending.
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:
AB677, s. 1
1Section
1. 939.632 (title) of the statutes is amended to read:
AB677,2,2
2939.632 (title)
Penalties; violent crime in a crimes near a school
zone.
AB677, s. 2
3Section
2. 939.632 (1) (dm) of the statutes is created to read:
AB677,2,54
939.632
(1) (dm) "Serious crime" means any crime under s. 940.19, 940.21,
5940.225, 940.23, 948.02, or 948.025.
AB677, s. 3
6Section
3. 939.632 (2) (intro.) of the statutes is amended to read:
AB677,2,87
939.632
(2) (intro.)
If Unless sub. (3m) applies, if a person commits a violent
8crime in a school zone, the maximum term of imprisonment is increased as follows:
AB677, s. 4
9Section
4. 939.632 (3m) of the statutes is created to read:
AB677,2,1110
939.632
(3m) (a) If a person commits a serious crime under all of the following
11circumstances, the maximum term of imprisonment is increased as in par. (b):
AB677,2,1212
1. The serious crime occurred on school premises.
AB677,2,1413
2. The serious crime occurred within one hour before, during, or within one
14hour after a scheduled school day.
AB677,2,1615
3. The serious crime occurred on the school premises of a school at which the
16person who committed the serious crime is not enrolled.
AB677,2,1817
(b) 1. For a first offense, the maximum term of imprisonment is increased by
186 years.
AB677,2,2019
2. For a 2nd offense, the maximum term of imprisonment is increased by 10
20years.
AB677,3,2
13. For a 3rd or subsequent offense, the maximum term of imprisonment is
2increased by 15 years.
AB677, s. 5
3Section
5. 939.632 (4) of the statutes is amended to read:
AB677,3,64
939.632
(4) This section provides for the enhancement of the penalties
5applicable for the underlying crime. The court shall direct that the trier of fact find
6a special verdict as to all of the issues specified in sub. (2)
or (3m).
AB677,3,88
(1) This act first applies to acts occurring on the effective date of this subsection.
