LRB-0911/1
CMH:wlj:jf
2011 - 2012 LEGISLATURE
July 29, 2011 - Introduced by Representatives Honadel, Vos, Suder, Brooks,
Endsley, Jacque, Mursau, Nygren, Petersen, Petryk, Petrowski, Kapenga
and Spanbauer, cosponsored by Senators Darling, Lasee, Olsen and
Wanggaard. Referred to Committee on Criminal Justice and Corrections.
AB209,1,2
1An Act to repeal 939.617 (2); and
to amend 939.617 (1) of the statutes;
relating
2to: mandatory minimum sentences for certain child sex offenses.
Analysis by the Legislative Reference Bureau
Under current law, if a person is convicted of sexual exploitation of a child, use
of a computer to facilitate a child sex crime, or possession of child pornography, the
court must impose a bifurcated sentence, which includes a term of confinement in
prison and a term of extended supervision in the community. Current law sets a
mandatory minimum term of confinement of five years if the conviction is for sexual
exploitation of child or use of a computer to facilitate a child sex crime, and a
mandatory minimum term of confinement of three years if the conviction is for
possession of child pornography. The mandatory minimum term of confinement does
not apply if the convicted person was under the age of 18 when he or she committed
the crime or if the court finds that, if it does not apply the mandatory minimum, the
best interests of the community will be served and the public will not be harmed.
Under this bill, the mandatory minimum term of confinement does not apply only if
the convicted person was under the age of 18 when he or she committed the crime.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB209, s. 1
3Section
1. 939.617 (1) of the statutes is amended to read:
AB209,2,6
1939.617
(1) Except as provided in
subs. (2) and sub. (3), if a person is convicted
2of a violation of s. 948.05, 948.075, or 948.12, the court shall impose a bifurcated
3sentence under s. 973.01. The term of confinement in prison portion of the bifurcated
4sentence shall be at least 5 years for violations of s. 948.05 or 948.075 and 3 years
5for violations of s. 948.12. Otherwise the penalties for the crime apply, subject to any
6applicable penalty enhancement.
AB209, s. 2
7Section
2. 939.617 (2) of the statutes is repealed.
