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2021 - 2022 LEGISLATURE
February 18, 2021 - Introduced by Representatives Schraa, Brandtjen, Edming,
Gundrum, Kuglitsch, Moses, Murphy, Mursau, Ramthun, Thiesfeldt, Tittl
and Wichgers, cosponsored by Senators Jacque, Ballweg, Feyen and Nass.
Referred to Committee on Criminal Justice and Public Safety.
AB90,1,5 1An Act to renumber and amend 940.20 (2m) (b); to amend 940.20 (2m) (a) 1.
2and 1m. and 940.20 (2m) (a) 2.; and to create 940.20 (2m) (a) 1p. of the statutes;
3relating to: battery or threat to a probation, extended supervision, and parole
4agent; a community supervision agent; or an aftercare agent or a family
5member of the agent and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who intentionally causes bodily harm to another
person commits the crime of simple battery and is guilty of a Class A misdemeanor.
Current law provides greater penalties for persons who intentionally cause bodily
harm to certain persons, which is special circumstances battery. For example, under
current law, a person who intentionally causes bodily harm to a probation, extended
supervision, and parole agent; a community supervision agent; or an aftercare agent
is guilty of a Class H felony. This bill expands this special circumstances battery
crime so that intentionally harming a family member of the agent, or threatening to
harm the agent or a family member of the agent, is also a Class H felony. In addition,
the bill expands the definition of agent to include an agent in a comparable program
authorized by a federally recognized American Indian tribe or band.

Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB90,1 1Section 1. 940.20 (2m) (a) 1. and 1m. of the statutes are amended to read:
AB90,2,62 940.20 (2m) (a) 1. “Aftercare agent" means any person authorized by the
3department of corrections to exercise control over a juvenile on aftercare or
4authorized by a federally recognized American Indian tribe or band to exercise
5control over a juvenile on aftercare or a comparable program that is authorized by
6the tribe or band
.
AB90,2,117 1m. “Community supervision agent" means any person authorized by the
8department of corrections to exercise control over a juvenile on community
9supervision or authorized by a federally recognized American Indian tribe or band
10to exercise control over a juvenile on community supervision or a comparable
11program that is authorized by the tribe or band
.
AB90,2 12Section 2 . 940.20 (2m) (a) 1p. of the statutes is created to read:
AB90,2,1413 940.20 (2m) (a) 1p. “Family member” means a spouse, child, stepchild, foster
14child, parent, sibling, or grandchild.
AB90,3 15Section 3. 940.20 (2m) (a) 2. of the statutes is amended to read:
AB90,3,216 940.20 (2m) (a) 2. “Probation, extended supervision and parole agent" means
17any person authorized by the department of corrections to exercise control over a
18probationer, parolee, or person on extended supervision or authorized by a federally
19recognized American Indian tribe or band to exercise control over a probationer,

1parolee, or person on extended supervision or a comparable program that is
2authorized by the tribe or band
.
AB90,4 3Section 4 . 940.20 (2m) (b) of the statutes is renumbered 940.20 (2m) (b) (intro.)
4and amended to read:
AB90,3,85 940.20 (2m) (b) (intro.) Whoever intentionally causes bodily harm or threatens
6to cause bodily harm
to the person or family member of a probation, extended
7supervision, and parole agent, a community supervision agent, or an aftercare agent,
8under all of the following circumstances is guilty of a Class H felony:
AB90,3,10 92. The act or threat is in response to any action taken by the agent acting in an
10official capacity and.
AB90,3,13 111. At the time of the act or threat, the person actor knows or has reason to know
12that the victim is a probation, extended supervision and parole agent, a community
13supervision agent, or an aftercare agent, by an or a member of the agent's family.
AB90,3,15 143. The act or threat is done without the consent of the person so injured, is guilty
15of a Class H felony
harmed or threatened.
AB90,3,1616 (End)
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