LRBs0270/2
PJH:jld:rs
2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 480
February 5, 2010 - Offered by Representative Gundrum.
AB480-ASA1,1,2
1An Act to create 893.583 and 895.437 of the statutes;
relating to: creating a
2civil cause of action for acts of domestic or sexual violence.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB480-ASA1,1,7
4893.583 Domestic or sexual violence. Notwithstanding ss. 893.16, 893.54,
5and 893.57, an action under s. 895.437 shall be commenced within 7 years after the
6cause of action accrues or, if the victim is under the age of 18 at the time the cause
7of action accrues, within 7 years of the victim's 18th birthday, or be barred.
AB480-ASA1,1,9
9895.437 Domestic or sexual violence; action for. (1) In this section:
AB480-ASA1,1,1010
(a) "Act of domestic or sexual violence" means any of the following:
AB480-ASA1,2,311
1. The intentional infliction of physical pain, physical injury, or illness or the
12intentional impairment of a victim's physical condition that the actor commits
1against his or her spouse or former spouse, against a person with whom the actor has
2or had a dating relationship, as defined in s. 813.12 (1) (ag), or against a person with
3whom the actor has a child in common.
AB480-ASA1,2,64
2. Sexual contact as defined in s. 940.225 (5) (b) or sexual intercourse as defined
5in s. 940.225 (5) (c) that the actor commits under coercive conditions or without
6consent as defined in s. 940.225 (4).
AB480-ASA1,2,87
3. If the actor has previously committed an act described in subd. 1. or 2., a
8threat to commit an act described in subd. 1. or 2.
AB480-ASA1,2,109
(b) "Victim" means a person against whom an act of domestic or sexual violence
10has been committed.
AB480-ASA1,2,14
11(2) A victim has a cause of action for injunctive relief and for damages, as
12provided in sub. (4), against the person who commits an act of domestic or sexual
13violence that results in a physical injury, emotional distress, or damage to or loss of
14property to the victim.
AB480-ASA1,2,18
15(3) The burden of proof in a civil action under sub. (2) rests with the victim to
16prove that the defendant committed an act of domestic or sexual violence and that
17the victim suffered harm as a result of the act by a preponderance of the credible
18evidence.
AB480-ASA1,2,21
19(4) If the plaintiff prevails in a civil action under sub. (2), he or she may recover
20special and general damages, including damages for emotional distress; punitive
21damages; and costs.
AB480-ASA1,3,2
22(5) A person may bring a civil action under sub. (2) regardless of whether there
23has been a criminal action related to the act described in sub. (2) and regardless of
24the outcome of any such criminal action. If there is a final judgment or decree
25rendered in favor of the state in any criminal proceeding against the defendant, a
1defendant may not deny the essential allegations of the criminal offense in any action
2under this section.
AB480-ASA1,3,4
3(6) This section does not limit the right of a person to recover from any parent
4or parents under s. 895.035.
