July 14, 2011 - Introduced by Representatives Berceau, Sinicki, Spanbauer and
Pocan, cosponsored by Senators S. Coggs, Risser and Taylor. Referred to
Committee on Criminal Justice and Corrections.
AB199,1,4 1An Act to amend 814.04 (intro.), 939.645 (1) (b) and 939.645 (4); and to create
2893.583 and 895.437 of the statutes; relating to: creating a civil cause of action
3for acts of violence motivated by gender, making crimes based on gender of
4victim subject to a penalty enhancer, and providing 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.
The bill also creates a civil cause of action for a person who suffers physical,
emotional, or economic harm as a result of a gender-based act. Under the bill, a

gender-based act is a physical act of violence that is committed, at least in part, on
the basis of the victim's gender or sexual intercourse or contact that the actor
commits under coercive conditions. Under the bill, if the actor has previously
committed either of these acts against the victim, a threat to commit either of those
acts is also a gender-based act.
Under the bill, a victim must commence a civil action against the actor within
seven years after the gender-based act occurs or, if the victim is under the age of 18,
within seven years after the victim's 18th birthday. A victim who prevails in a civil
action for a gender-based act may recover damages for emotional distress, punitive
damages, and investigation or litigation costs, including attorney fees. The bill
specifies that a cause of action exists only against the individual who committed the
gender-based act.
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:
AB199, s. 1 1Section 1. 814.04 (intro.) of the statutes, as affected by 2011 Wisconsin Act 2,
2is amended to read:
AB199,2,7 3814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m)
4(b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 111.397 (2) (a), 115.80 (9), 281.36 (2) (b)
51., 767.553 (4) (d), 769.313, 802.05, 814.245, 895.035 (4), 895.044, 895.437 (4),
6895.443 (3), 895.444 (2), 895.445 (3), 895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2)
7(d), 943.51 (2) (b), and 995.10 (3), when allowed costs shall be as follows:
AB199, s. 2 8Section 2. 893.583 of the statutes is created to read:
AB199,2,12 9893.583 Gender-based harm. Notwithstanding ss. 893.16, 893.54, and
10893.57, an action under s. 895.437 shall be commenced within 7 years after the cause
11of action accrues or, if the victim is under the age of 18 at the time the cause of action
12accrues, within 7 years of the victim's 18th birthday, or be barred.
AB199, s. 3
1Section 3. 895.437 of the statutes is created to read:
AB199,3,2 2895.437 Gender-based harm; action for. (1) In this section:
AB199,3,33 (a) "Gender-based act" means any of the following:
AB199,3,64 1. A physical act of violence that satisfies the elements of s. 940.19 (1) that an
5individual commits against the victim, at least in part, on the basis of the victim's
6gender.
AB199,3,97 2. Sexual contact as defined in s. 940.225 (5) (b) or sexual intercourse as defined
8in s. 940.225 (5) (c) that an individual commits under coercive conditions or without
9consent as defined in s. 940.225 (4).
AB199,3,1210 3. If an individual has previously committed a physical act of violence that
11satisfies the elements of s. 940.19 (1) against the victim or an act described in subd.
122., a threat to commit an act described in subd. 1. or 2.
AB199,3,1413 (b) "Victim" means a person against whom a gender-based act has been
14committed.
AB199,3,18 15(2) A victim has a cause of action for injunctive relief and for damages, as
16provided in sub. (4), against the individual who commits a gender-based act that
17results in a physical injury, emotional distress, or damage to or loss of property to the
18victim.
AB199,3,21 19(3) The burden of proof in a civil action under sub. (2) rests with the victim to
20prove that the defendant committed a gender-based act and that the victim suffered
21harm as a result of the act by a preponderance of the credible evidence.
AB199,3,25 22(4) If the plaintiff prevails in a civil action under sub. (2), he or she may recover
23special and general damages, including damages for emotional distress; punitive
24damages; and costs, including all reasonable attorney fees and other costs of the
25investigation and litigation that were reasonably incurred.
AB199,4,6
1(5) A person may bring a civil action under sub. (2) regardless of whether there
2has been a criminal action related to the gender-based act and regardless of the
3outcome of any such criminal action. If there is a final judgment or decree rendered
4in favor of the state in any criminal proceeding against the defendant, a defendant
5may not deny the essential allegations of the criminal offense in any action under this
6section.
AB199,4,8 7(6) A gender-based act under this section shall be deemed for all purposes to
8be an intentional act.
AB199,4,10 9(7) This section does not limit the right of a person to recover from any parent
10or parents under s. 895.035.
AB199,4,12 11(8) This section does not create a cause of action against any person except the
12individual who commits a gender-based act.
AB199, s. 4 13Section 4. 939.645 (1) (b) of the statutes is amended to read:
AB199,4,1914 939.645 (1) (b) Intentionally selects the person against whom the crime under
15par. (a) is committed or selects the property that is damaged or otherwise affected by
16the crime under par. (a) in whole or in part because of the actor's belief or perception
17regarding the race, religion, color, disability, gender, sexual orientation, national
18origin or ancestry of that person or the owner or occupant of that property, whether
19or not the actor's belief or perception was correct.
AB199, s. 5 20Section 5. 939.645 (4) of the statutes is amended to read:
AB199,4,2521 939.645 (4) This section does not apply to any crime if proof of race, religion,
22color, disability, gender, sexual orientation, national origin or ancestry or proof of any
23person's perception or belief regarding another's race, religion, color, disability,
24gender, sexual orientation, national origin or ancestry is required for a conviction for
25that crime.
AB199, s. 6
1Section 6. Initial applicability.
AB199,5,32 (1) This act first applies to acts committed on the effective date of this
3subsection.
AB199,5,44 (End)
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