LRB-2647/2
CMH:wlj:jf
2011 - 2012 LEGISLATURE
September 20, 2011 - Introduced by Representatives Ballweg, Wynn, Berceau,
Brooks, Clark, Endsley, Hintz, Jacque, Kaufert, Kerkman, Kleefisch, Krug,
T. Larson, Marklein, Milroy, Molepske Jr, A. Ott, Pasch, Petrowski,
Radcliffe, Roys, Sinicki, Spanbauer, Staskunas, Steineke, Suder, C. Taylor
and Williams, cosponsored by Senators Wanggaard, Olsen, Erpenbach,
Hansen, C. Larson, Lassa, Lazich and Taylor. Referred to Committee on
Public Health and Public Safety.
AB269,1,3
1An Act to renumber and amend 941.39;
to amend 968.075 (5) (a) 2. and
2973.049 (2) and (3); and
to create 941.39 (1) of the statutes;
relating to:
3prohibitions against contacting certain persons and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, an individual who has been arrested for a domestic abuse
incident must, unless the victim of the alleged domestic abuse signs a waiver, avoid
the victim's residence and avoid contacting the victim for 72 hours following the
arrest. If the individual intentionally violates this requirement, the individual must
forfeit not more than $1,000 (a civil penalty). Under this bill, the individual is guilty
of a misdemeanor and is subject to a fine of up to $10,000 or imprisonment of up to
nine months, or both.
Under current law, when a court imposes a sentence on an individual or places
an individual on probation for a conviction for a crime, the court may prohibit the
individual, during his or her sentence or probation period, from contacting victims
of, or co-actors in, a crime considered at sentencing if the court determines that such
a prohibition would be in the interest of public protection. An individual who violates
the prohibition is guilty of a Class A misdemeanor. This bill adds that a court may
also prohibit the individual from contacting witnesses to the crime. In addition, this
bill changes the penalty for violating a prohibition imposed following a conviction for
a felony to a Class H felony.
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:
AB269, s. 1
1Section
1. 941.39 of the statutes is renumbered 941.39 (intro.) and amended
2to read:
AB269,2,4
3941.39 Victim, witness, or co-actor contact. (intro.) Whoever intentionally
4violates a court order issued under s. 973.049 (2) is guilty of
one of the following:
AB269,2,6
5(2) If the court order results from a conviction for a misdemeanor, a Class A
6misdemeanor.
AB269, s. 2
7Section
2. 941.39 (1) of the statutes is created to read:
AB269,2,98
941.39
(1) If the court order results from a conviction for a felony, a Class H
9felony.
AB269, s. 3
10Section
3. 968.075 (5) (a) 2. of the statutes is amended to read:
AB269,2,1311
968.075
(5) (a) 2. An arrested person who intentionally violates this paragraph
12shall be required to forfeit may be fined not more than
$1,000 $10,000 or imprisoned
13for not more than 9 months or both.
AB269, s. 4
14Section
4. 973.049 (2) and (3) of the statutes are amended to read:
AB269,3,215
973.049
(2) When a court imposes a sentence on an individual or places an
16individual on probation for the conviction of a crime, the court may prohibit the
17individual from contacting victims of,
witnesses to, or co-actors in, a crime
18considered at sentencing during any part of the individual's sentence or period of
19probation if the court determines that the prohibition would be in the interest of
1public protection. For purposes of the prohibition, the court may determine who are
2the victims of
or witnesses to any crime considered at sentencing.
AB269,3,5
3(3) If a court issues an order under sub. (2), the court shall inform the individual
4of the prohibition and
of the penalty under s. 941.39
include the prohibition in the
5judgment of conviction for the crime.
AB269,3,87
(1) The treatment of section 973.049 (2) and (3) of the statutes first applies to
8sentences imposed or placements made on the effective date of this subsection.
