LRB-3598/1
CMH:bjk:ph
2009 - 2010 LEGISLATURE
October 12, 2009 - Introduced by Senators Taylor and Vinehout, cosponsored by
Representatives Parisi, Pasch, Roys, Black, Berceau, Turner, Shilling,
Dexter, Grigsby and
Smith. Referred to Committee on Judiciary, Corrections,
Insurance, Campaign Finance Reform, and Housing.
SB344,1,3
1An Act to amend 939.645 (1) (b) and 939.645 (4) of the statutes;
relating to:
2making crimes based on gender of victim subject to a penalty enhancer and
3providing a penalty.
Analysis by the Legislative Reference Bureau
Current law provides an enhanced penalty for certain crimes if the person
committing the crime intentionally selects the victim based on his or her belief or
perception of the victim's race, religion, color, disability, sexual orientation, national
origin, or ancestry. This bill provides an enhanced penalty for certain crimes if the
person committing the crime intentionally selects the victim based on his or her
belief or perception of the victim's gender. The penalty enhancer revises the
maximum fine and the maximum term of imprisonment for the crime, and the
revision is based on the classification of the underlying crime. If the underlying
crime is a Class B or Class C misdemeanor, the revised maximum fine is $10,000 and
the revised maximum term of imprisonment is one year in the county jail. If the
underlying crime is a Class A misdemeanor, the penalty enhancer changes the status
of the crime to a felony and the revised maximum fine is $10,000 and the revised
maximum term of imprisonment is two years. If the underlying crime is a felony, the
maximum fine may be increased by not more than $5,000 and the maximum term
of imprisonment 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:
SB344, s. 1
1Section
1. 939.645 (1) (b) of the statutes is amended to read:
SB344,2,72
939.645
(1) (b) Intentionally selects the person against whom the crime under
3par. (a) is committed or selects the property that is damaged or otherwise affected by
4the crime under par. (a) in whole or in part because of the actor's belief or perception
5regarding the race, religion, color, disability,
gender, sexual orientation, national
6origin or ancestry of that person or the owner or occupant of that property, whether
7or not the actor's belief or perception was correct.
SB344, s. 2
8Section
2. 939.645 (4) of the statutes is amended to read:
SB344,2,139
939.645
(4) This section does not apply to any crime if proof of race, religion,
10color, disability,
gender, sexual orientation, national origin or ancestry or proof of any
11person's perception or belief regarding another's race, religion, color, disability,
12gender, sexual orientation, national origin or ancestry is required for a conviction for
13that crime.
SB344,2,1615
(1) This act first applies to acts committed on the effective date of this
16subsection.
