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LRB-0773/2
PJH:eev/amn/jld
2015 - 2016 LEGISLATURE
July 8, 2015 - Introduced by Representatives Rodriguez, Ballweg, E. Brooks,
Horlacher, Johnson, T. Larson, Subeck, Kahl, Kitchens, Murphy and
Bernier, cosponsored by Senators Tiffany, Lassa and Olsen. Referred to
Committee on Criminal Justice and Public Safety.
AB284,1,3 1An Act to create 940.20 (2r) of the statutes; relating to: causing or threatening
2bodily harm to certain child welfare and juvenile justice workers, and providing
3a criminal penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who intentionally causes bodily harm to another
without the other person's consent commits the crime of ordinary battery, the
penalties for which increase depending on the severity of the injury the person causes
his or her victim. A person convicted of ordinary battery is subject to fines and
periods of imprisonment. Current law provides more severe penalties for battery
committed under certain circumstances against certain government officials,
employees, and agents.
Among those covered under these "special circumstances battery" provisions
are law enforcement officers, fire fighters, and probation, parole, and aftercare
agents. If a person intentionally causes bodily harm to one of these employees, the
person is guilty of a Class H felony and may be fined not more than $10,000 or
sentenced to a term of imprisonment of not more than six years, or both, if the person
knows or has reason to know that the victim is an employee of the pertinent
department, the victim is acting in his or her official capacity, and the victim does not
consent to the harm.
This bill extends the special circumstances battery provisions to a person who
is employed by, or under contract with, a court, a county department of human or
social services, a tribal child welfare agency, or the department of children and

families, to provide intake, dispositional, or other services relating to child welfare
or juvenile justice (child welfare or juvenile justice worker). Under the bill, if a
person intentionally causes bodily harm or threatens to cause bodily harm to a child
welfare or juvenile justice worker, the person is guilty of a Class H felony if the person
knows or has reason to know that the victim is a child welfare or juvenile justice
worker, the victim is acting in his or her official capacity, and the victim does not
consent to the 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:
AB284,1 1Section 1. 940.20 (2r) of the statutes is created to read:
AB284,2,42 940.20 (2r) Battery to child welfare or juvenile justice workers. (a) In this
3subsection, "child welfare or juvenile justice worker" means an individual who is any
4of the following:
AB284,2,85 1. Employed by a court assigned to exercise jurisdiction under ch. 48 or 938, by
6a county department of human services or social services under ch. 48, or by the
7department of children and families, and who provides intake, dispositional, or other
8child welfare or juvenile justice services under ch. 48 or 938.
AB284,2,149 2. Employed by a child welfare agency licensed under s. 48.60 that is under
10contract with a court assigned to exercise jurisdiction under ch. 48 or 938, with a
11county department of human services or social services under ch. 48, or with the
12department of children and families, to provide intake, dispositional, or other child
13welfare or juvenile justice services under ch. 48 or 938 and who provides those
14services.
AB284,3,215 3. Employed by a child welfare agency operated by a federally recognized
16American Indian tribe or band who provides intake, dispositional, or other child

1welfare or juvenile justice services under tribal law or participates in Indian child
2custody proceedings under ch. 48 or 938.
AB284,3,63 (b) Whoever intentionally causes bodily harm to a child welfare or juvenile
4justice worker acting in an official capacity, and the person knows or has reason to
5know that the victim is a child welfare or juvenile justice worker, by an act done
6without the consent of the person so injured, is guilty of a Class H felony.
AB284,3,77 (End)
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