LRB-3799/1
PJH:jld:jf
2013 - 2014 LEGISLATURE
January 23, 2014 - Introduced by Senators Harris,
Risser and Miller,
cosponsored by Representatives
Barnes, C. Taylor, Johnson, Young,
Sargent, Pasch, Berceau, Kessler, Sinicki, Ohnstad, Goyke, Wachs and
Kolste. Referred to Committee on Judiciary and Labor.
SB511,1,3
1An Act to repeal 895.62 and 939.48 (1m) of the statutes;
relating to: the
2presumption of reasonableness in a criminal or civil case involving
3self-defense.
Analysis by the Legislative Reference Bureau
Under current law, in general, a person who uses force in self-defense or in the
defense of another person may not be convicted of a crime stemming from that use
of force. This law applies only when: 1) the amount of force used is reasonable; and
2) the person uses that force to prevent or stop what he or she reasonably believes
is an unlawful interference with himself or herself or another person, such as the
crime of battery.
Under current law, a factfinder in a criminal case involving a person's use of
force intended to or likely to cause death or great bodily harm must presume that the
person reasonably believed the force was necessary to prevent death or great bodily
harm to himself or herself or to another person if: 1) the individual against whom the
force was used was in the process of unlawfully and forcibly entering, or had already
unlawfully and forcefully entered, the dwelling, motor vehicle, or, in the case of a
business owner or operator, place of business of the person who used the force; 2) the
person was present in that dwelling, motor vehicle, or place of business; and 3) the
person knew or reasonably believed that an unlawful and forcible entry was
occurring or had occurred. Current law prohibits a court from considering whether
the person had an opportunity to flee or retreat before he or she used the force.
Under current law, the presumption does not apply if: 1) the person who used
the force was engaged in a criminal activity or was using his or her dwelling, motor
vehicle, or place of business to further a criminal activity; or 2) the individual against
whom the force was used had identified himself or herself as a public safety worker
(or was or should have been known to be a public safety worker) and was entering
the dwelling, motor vehicle, or place of business in the performance of his or her
official duties.
Current law also confers immunity from civil liability for a person who uses
force that is intended to or likely to cause death or great bodily harm if the person
reasonably believed that the force was necessary to prevent death or bodily harm to
himself or herself or to another person and if: 1) the individual against whom the
force was used was in the process of unlawfully and forcibly entering, or had already
forcibly entered, the dwelling, motor vehicle, or place of business of the person who
used the force; 2) the person who used the force was present in the dwelling, motor
vehicle, or place of business; and 3) the person who used the force knew or had reason
to believe that an unlawful and forcible entry was occurring or had occurred.
For purposes of civil immunity, a person is not presumed to have reasonably
believed that the force was necessary if: 1) the person who used the force was engaged
in a criminal activity or was using his or her dwelling, motor vehicle, or place of
business to further a criminal activity; or 2) the individual against whom the force
was used had identified himself or herself as a public safety worker (or was or should
have been known to be a public safety worker) and was entering the dwelling, motor
vehicle, or place of business in the performance of his or her official duties.
Under current law, if a court finds that person who is sued in civil court is
immune from liability because he or she used the force reasonably, the person is
entitled to attorney fees, court costs, compensation for income loss, and other
expenses the person incurred to defend himself or herself against the civil action.
This bill repeals the presumption of reasonableness in criminal and civil
actions, and removes the provisions awarding attorney fees, court costs,
compensation for income loss, and other expenses incurred by a person who is sued
civilly for using force that is intended to or likely to cause death or great bodily harm.
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:
SB511,1
1Section
1. 895.62 of the statutes is repealed.
SB511,2
2Section
2. 939.48 (1m) of the statutes is repealed.
