LRB-1672/1
MLJ:kjf
2021 - 2022 LEGISLATURE
December 9, 2021 - Introduced by Representatives Hesselbein, Milroy, Riemer,
Sinicki, Hebl, Conley, Hong, Andraca, Anderson, Stubbs, Spreitzer,
Subeck, Shelton, B. Meyers, S. Rodriguez and Considine, cosponsored by
Senators Johnson, Carpenter, Smith, Agard, Larson and L. Taylor. Referred
to Committee on Judiciary.
AB768,1,3
1An Act to amend 973.017 (2) (b); and
to create 973.017 (8m) of the statutes;
2relating to: considering post-traumatic stress disorder as a mitigating factor
3in sentencing certain criminal offenders.
Analysis by the Legislative Reference Bureau
Under current law, when a court makes a sentencing decision concerning a
person convicted of a criminal offense, the court must consider the protection of the
public, the gravity of the offense, the rehabilitative needs of the defendant, and any
applicable mitigating factors or aggravating factors to the crime. This bill creates
a new mitigating factor. Under this bill, when a court makes a sentencing decision
concerning a person who is a military veteran and has been diagnosed as suffering
from post-traumatic stress disorder resulting from the person's military service, the
court may consider that diagnosis as a mitigating factor.
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:
AB768,1
4Section
1. 973.017 (2) (b) of the statutes is amended to read:
AB768,2,3
1973.017
(2) (b) Any applicable mitigating factors and any applicable
2aggravating factors, including the
mitigating and aggravating factors specified in
3subs. (3) to
(8) (8m).
AB768,2
4Section
2. 973.017 (8m) of the statutes is created to read:
AB768,2,75
973.017
(8m) Mitigating factors; offenses committed by a veteran. (a) In
6this subsection, “veteran" means a person who served in the U.S. armed forces or in
7forces incorporated as part of the U.S. armed forces.
AB768,2,118
(b) When making a sentencing decision concerning a person who is a veteran,
9the court may consider as a mitigating factor that the person has been diagnosed as
10suffering from post-traumatic stress disorder resulting from his or her military
11service.
AB768,3
12Section
3.
Initial applicability.
AB768,2,1413
(1) This act first applies to offenses committed on the effective date of this
14subsection.
