SB248: Bill Text

CMH:jld:md

2009 - 2010 LEGISLATURE

2009 Senate BILL 248

July 30, 2009 - Introduced by Senators Harsdorf, Hansen, Darling and A. Lasee, cosponsored by Representatives Murtha, Ripp, Hraychuck, Gunderson, Kaufert, A. Ott, Spanbauer, Strachota, Suder and Townsend. Referred to Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing.

SB248,1,4 An Act to renumber and amend 939.621; to amend 968.075 (5) (b) 1., 968.075 (5) (b) 2., 968.075 (5) (b) 3. and 973.01 (2) (c) 2. a.; and to create 939.621 (1) and 939.621 (3) of the statutes; relating to: penalty enhancers for committing domestic abuse in the presence of a child and providing penalties.

Analysis by the Legislative Reference Bureau

Under current law, a person who commits a crime under specified circumstances may be subject to penalty enhancers, or penalties that are more severe than those that ordinarily apply to the crime. This bill creates a penalty enhancer for a person who commits an act of domestic abuse, as defined in current law, that is a crime while in the presence of a child. Under this bill, if the crime is a Class B misdemeanor, the maximum sentence may be increased by not more than nine months, if the crime is a Class A misdemeanor, the maximum sentence may be increased by not more than 13 months, if the crime is a Class I felony, the maximum sentence may be increased by not more than three years, and if the crime is a Class A to H felony, the maximum sentence may be increased by not more than five years.

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. 939.621 of the statutes is renumbered 939.621 (2) and amended to read:

SB248,2,11 939.621 (2) If a person commits an act of domestic abuse, as defined in s. 968.075 (1) (a) and the act constitutes the commission of a crime, the maximum term of imprisonment for that crime may be increased by not more than 2 years if the crime is committed during the 72 hours immediately following an arrest for a domestic abuse incident, as set forth in s. 968.075 (5). The 72-hour period applies whether or not there has been a waiver by the victim under s. 968.075 (5) (c). The victim of the domestic abuse crime does not have to be the same as the victim of the domestic abuse incident that resulted in the arrest. The penalty increase under this section subsection changes the status of a misdemeanor to a felony.

SB248, s. 2 Section 2. 939.621 (1) of the statutes is created to read:

SB248,2,13 939.621 (1) In this section:

SB248,2,14 (a) "Child" means a person who has not attained the age of 18 years.

SB248,2,15 (b) "Domestic abuse" has the meaning given in s. 968.075 (1) (a).

SB248, s. 3 Section 3. 939.621 (3) of the statutes is created to read:

SB248,3,2 939.621 (3) If a person commits an act of domestic abuse and the act constitutes the commission of a crime, and if the act is committed in a place or a manner in which the act is observable by or audible to a child or is in the presence of a child and the actor knows or has reason to know that the act is observable by or audible to a child or is in the presence of a child, the maximum term of imprisonment prescribed by law for the crime may be increased as follows:

SB248,3,4 (a) If the crime is a Class B misdemeanor, the maximum term of imprisonment may be increased by not more than 9 months.

SB248,3,6 (b) If the crime is a Class A misdemeanor, the maximum term of imprisonment may be increased by not more than 13 months.

SB248,3,9 (c) If the crime is a Class I felony or a felony that is not specified in this paragraph or in par. (d), the maximum term of imprisonment may be increased by not more than 3 years.

SB248,3,11 (d) If the crime is a Class A, B, C, D, E, F, G, or H felony, the maximum term of imprisonment may be increased by not more than 5 years.

SB248, s. 4 Section 4. 968.075 (5) (b) 1. of the statutes is amended to read:

SB248,3,21 968.075 (5) (b) 1. Unless there is a waiver under par. (c), a law enforcement officer or other person who releases a person arrested for a domestic abuse incident from custody less than 72 hours after the arrest shall inform the arrested person orally and in writing of the requirements under par. (a), the consequences of violating the requirements and the provisions of s. 939.621 (2). The arrested person shall sign an acknowledgment on the written notice that he or she has received notice of, and understands the requirements, the consequences of violating the requirements and the provisions of s. 939.621 (2). If the arrested person refuses to sign the notice, he or she may not be released from custody.

SB248, s. 5 Section 5. 968.075 (5) (b) 2. of the statutes is amended to read:

SB248,4,2 968.075 (5) (b) 2. If there is a waiver under par. (c) and the person is released under subd. 1., the law enforcement officer or other person who releases the arrested person shall inform the arrested person orally and in writing of the waiver and the provisions of s. 939.621 (2).

SB248, s. 6 Section 6. 968.075 (5) (b) 3. of the statutes is amended to read:

SB248,4,7 968.075 (5) (b) 3. Failure to comply with the notice requirement under subd. 1. regarding a person who is lawfully released from custody bars a prosecution under par. (a), but does not affect the application of s. 939.621 (2) in any criminal prosecution.

SB248, s. 7 Section 7. 973.01 (2) (c) 2. a. of the statutes is amended to read:

SB248,4,10 973.01 (2) (c) 2. a. Sections 939.621 (2) and (3), 939.632, 939.645, 946.42 (4), 961.46, and 961.49.

SB248, s. 8 Section 8. Initial applicability.

SB248,4,13 (1) The treatment of section 939.621 (3) first applies to persons sentenced on the effective date of this subsection.

SB248,4,14 (End)