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LRB-3278/1
CMH:amn/wlj/kjf
2017 - 2018 LEGISLATURE
May 31, 2017 - Introduced by Representatives Horlacher, R. Brooks, Doyle,
Edming, Hutton, Jacque, Kitchens, Kleefisch, Krug, Kulp, Macco, Murphy,
Novak, Petryk, Ripp, Skowronski, Tusler and Vruwink, cosponsored by
Senators Cowles, Darling, Kapenga, Olsen, Petrowski, Stroebel and
Vinehout. Referred to Committee on Criminal Justice and Public Safety.
AB355,1,3 1An Act to amend 48.685 (1) (c) 2., 50.065 (1) (e) 2. and 103.34 (1) (b) 2.; to repeal
2and recreate
948.21; and to create 939.25 (3) of the statutes; relating to:
3neglect of a child and providing criminal penalties.
Analysis by the Legislative Reference Bureau
Under current law, any person who is responsible for a child's welfare who,
through his or her actions or failure to take action, intentionally contributes to the
neglect of the child is guilty of a misdemeanor or, if the child suffers bodily harm or
death, the person is guilty of a felony. Under this bill, any person who is responsible
for a child's welfare who negligently fails, for reasons other than poverty, to provide
the child with necessary care or contributes to the failure is guilty of the crime of
neglect. Under the bill, necessary care includes adequate food, clothing, medical
care, shelter, and supervision; the opportunity for education; or the protection from
exposure to the distribution, manufacture, or use of controlled substances. Under the
bill, the penalties for the crime of neglect, or for contributing to neglect whether or
not actual neglect occurs, vary from a Class D felony to a Class A misdemeanor
depending on the consequence or risk of the consequence of death, injury, or
becoming a victim of a crime.
The bill also creates a crime of repeated acts of neglect of the same child. If a
jury agrees that a person committed at least three acts of neglect against the same
child, but does not agree on which acts constitute the three acts, the person is
convicted of committing this crime. The penalties for repeated acts of neglect of the
same child vary from a Class B felony to a Class H felony, depending on the
consequence of the repeated acts of neglect.

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:
AB355,1 1Section 1. 48.685 (1) (c) 2. of the statutes is amended to read:
AB355,2,62 48.685 (1) (c) 2. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19
3(2), (4), (5) or (6), 940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295,
4942.09 (2), 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05,
5948.051, 948.055, 948.06, 948.07, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12,
6948.13, 948.21 (1) (2) or (4), 948.30, or 948.53.
AB355,2 7Section 2. 50.065 (1) (e) 2. of the statutes is amended to read:
AB355,2,158 50.065 (1) (e) 2. For the purposes of an entity that serves persons under the age
9of 18, “serious crime" includes a violation of s. 948.02 (2), 948.03 (2) (b) or (c) or (5)
10(a) 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.085, 948.11 (2) (a) or
11(am), 948.12, 948.13, 948.21 (1) (2) or (4), 948.30, or 948.53 or a violation of the law
12of any other state or United States jurisdiction that would be a violation of s. 948.02
13(2), 948.03 (2) (b) or (c) or (5) (a) 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.08,
14948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (1) (2) or (4), 948.30, or 948.53
15if committed in this state.
AB355,3 16Section 3. 103.34 (1) (b) 2. of the statutes is amended to read:
AB355,3,317 103.34 (1) (b) 2. A violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.07,
18940.08, 940.09, 940.10, 940.19 (2), (4), (5), or (6), 940.21, 940.225 (1), (2), or (3),
19940.23, 940.235, 940.24, 940.25, 940.30, 940.302, 940.305, 940.31, 943.02, 943.03,
20943.04, 943.10, 943.30, 943.31, 943.32, 944.32, 944.34, 946.10, 948.02 (1) or (2),
21948.025, 948.03 (2), (3), or (5) (a) 1., 2., 3., or 4., 948.04, 948.05, 948.051, 948.055,

1948.06, 948.07, 948.075, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13,
2948.21 (1) (2) or (4), or 948.30 or of a substantially similar federal law or law of
3another state.
AB355,4 4Section 4. 939.25 (3) of the statutes is created to read:
AB355,3,55 939.25 (3) This section does not apply to s. 948.21.
AB355,5 6Section 5. 948.21 of the statutes is repealed and recreated to read:
AB355,3,7 7948.21 Neglecting a child. (1) Definitions. In this section:
AB355,3,98 (a) “Child sex offense" means an offense under s. 948.02, 948.025, 948.05,
9948.051, 948.055, 948.06, 948.07, 948.08, 948.10, 948.11, or 948.12.
AB355,3,1010 (b) “Emotional damage" has the meaning given in s. 48.02 (5j).
AB355,3,1411 (c) “Necessary care" means the care that is critical to a child's physical or
12emotional health, safety, welfare, or development, based on all of the facts and
13circumstances, such as the child's age, physical or emotional condition, and any
14special needs of the child. “Necessary care" includes any of the following:
AB355,3,1515 1. Adequate food.
AB355,3,1616 2. Adequate clothing.
AB355,3,1717 3. Adequate medical care.
AB355,3,1818 4. The opportunity for education.
AB355,3,1919 5. Adequate shelter.
AB355,3,2020 6. Adequate supervision.
AB355,3,2221 7. The protection from exposure to the distribution, manufacture, or use of
22controlled substances, as defined in s. 961.01 (4).
AB355,3,2523 (d) “Negligently” means acting, or failing to act, in such a way that a reasonable
24person would know or should know seriously endangers the physical, mental, or
25emotional health of a child.
AB355,4,6
1(2) Neglect. Any person who is responsible for a child's welfare who, for
2reasons other than poverty, negligently fails, or contributes to the failure, to provide
3the child with necessary care commits neglect, even if the child does not actually
4suffer from neglect if the natural and probable consequences of the failure would be
5that the child suffers from neglect. A person who commits neglect is guilty of the
6following:
AB355,4,77 (a) A Class D felony if the child suffers death as a consequence.
AB355,4,88 (b) A Class F felony if any of the following applies:
AB355,4,99 1. The child suffers great bodily harm as a consequence.
AB355,4,1010 2. The child becomes a victim of a child sex offense as a consequence.
AB355,4,1111 (c) A Class G felony if the child suffers emotional damage as a consequence.
AB355,4,1212 (d) A Class H felony if the child suffers bodily harm as a consequence.
AB355,4,1313 (e) A Class I felony if any of the following applies:
AB355,4,1514 1. The commission creates an unreasonable and substantial risk of great bodily
15harm to the child.
AB355,4,1716 2. The commission creates an unreasonable and substantial risk that the child
17could become a victim of a child sex offense.
AB355,4,1918 (f) A Class A misdemeanor if the commission creates an unreasonable and
19substantial risk of bodily harm to the child.
AB355,4,22 20(3) Rebuttable presumption. A rebuttable presumption that an action creates
21an unreasonable and substantial risk of the harm described under sub. (2) (e) 1. or
222., whichever is applicable, exists under any of the following circumstances:
AB355,4,2423 (a) The child had not attained the age of 6 years when the action was
24committed.
AB355,5,2
1(b) The child has a physical, cognitive, or developmental disability that was
2known or should have been known by the actor.
AB355,5,5 3(4) Repeated acts of neglect of same child. (a) Any person who commits 3
4or more violations under sub. (2) within a specified period of time involving the same
5child is guilty of the following:
AB355,5,66 1. A Class B felony if the child suffers death as a consequence.
AB355,5,77 2. A Class D felony if any of the following applies:
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