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LRB-0150/1
MLJ:klm
2021 - 2022 LEGISLATURE
June 10, 2021 - Introduced by Senator Jacque, cosponsored by Representatives
Skowronski, Moses, Murphy and Wichgers. Referred to Committee on
Judiciary and Public Safety.
SB388,1,7 1An Act to amend 48.57 (3p) (g) 2., 303.07 (2), 911.01 (4) (c), 968.20 (title), 968.20
2(1), 968.20 (1h) and 973.01 (2) (c) 2. a.; and to create 813.12 (1) (ac), 813.12 (5b),
3813.123 (6g), 813.125 (5b), 939.623, 940.225 (1) (d) and 971.109 of the statutes;
4relating to: increased penalties for crimes against adults at risk; restraining
5orders for adults at risk; freezing assets of a defendant charged with financial
6exploitation of an adult at risk; sexual assault of an adult at risk; and providing
7a penalty.
Analysis by the Legislative Reference Bureau
Sexual assault of an Adult at risk
Under this bill, any act of sexual misconduct that is currently a second degree
sexual assault is a first degree sexual assault if the victim is an adult at risk. Under
current law, if a person engages in any of the specified acts of sexual misconduct, he
or she is guilty of a Class C felony. Under the bill, he or she is guilty of a Class B felony
if the victim is an adult at risk, regardless of whether or not he or she knew the
victim's status as an adult at risk.
freezing of assets
This bill creates a procedure for a court to freeze or seize assets from a defendant
who has been charged with a financial exploitation crime when the victim is an adult
at risk.

Under the bill, if a person is charged with a financial exploitation crime, the
crime involves property valued at more than $2,500, and the crime victim is an adult
at risk, a prosecuting attorney may file a petition with the court to freeze the funds,
assets, or property of the person in an amount up to 100 percent of the alleged value
of property involved in the person's pending criminal proceeding for purposes of
preserving the property for future payment of restitution to the crime victim.
increased penalties
This bill allows a term of imprisonment that is imposed for a criminal conviction
to be increased in length if the crime victim was an adult at risk. Under the bill, a
maximum term of imprisonment of one year or less may be increased to not more
than two years; a maximum term of imprisonment of more than one year but not
more than ten years may be increased by not more than four years; and a maximum
term of imprisonment of more than ten years may be increased by not more than six
years. Under the bill, the term of imprisonment may be lengthened irrespective of
whether the defendant knew that the crime victim was an adult at risk.
restraining orders for an adult at risk
This bill allows an adult at risk who is seeking a domestic violence,
individual-at-risk, or harassment restraining order to appear in a court hearing by
telephone or live audiovisual means.
Under current law, a person seeking a domestic violence, individual-at-risk,
or harassment restraining order must appear in person in the courtroom at a hearing
to obtain a restraining order.
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:
SB388,1 1Section 1 . 48.57 (3p) (g) 2. of the statutes is amended to read:
SB388,2,62 48.57 (3p) (g) 2. The person has had imposed on him or her a penalty specified
3in s. 939.64, 1999 stats., or s. 939.641, 1999 stats., or s. 939.6195, 939.62, 939.621,
4939.623, 939.63 or 939.645 or has been convicted of a violation of the law of any other
5state or federal law under circumstances under which the person would be subject
6to a penalty specified in any of those sections if convicted in this state.
SB388,2 7Section 2 . 303.07 (2) of the statutes is amended to read:
SB388,3,4
1303.07 (2) When convicted persons are subject to commitment to the county
2jail, or to the Wisconsin state prisons under s. 939.62 (1) (a) or 939.623 (2) (a) for a
3term not exceeding 2 years, the court may instead commit them for equivalent terms
4to a reforestation camp authorized under sub. (1).
SB388,3 5Section 3. 813.12 (1) (ac) of the statutes is created to read:
SB388,3,66 813.12 (1) (ac) “Adult at risk” has the meaning given in s. 55.01 (1e).
SB388,4 7Section 4. 813.12 (5b) of the statutes is created to read:
SB388,3,108 813.12 (5b) Adult at risk petitioner. If the petitioner is an adult at risk, the
9court shall permit the petitioner to participate in hearings under this section by
10telephone or live audiovisual means.
SB388,5 11Section 5. 813.123 (6g) of the statutes is created to read:
SB388,3,1412 813.123 (6g) Individual at risk petitioner. If the petitioner is an individual
13at risk, the court shall permit the petitioner to participate in hearings under this
14section by telephone or live audiovisual means.
SB388,6 15Section 6. 813.125 (5b) of the statutes is created to read:
SB388,3,1816 813.125 (5b) Adult at risk petitioner. If the petitioner is an adult at risk, as
17defined in s. 55.01 (1e), the court shall permit the petitioner to participate in hearings
18under this section by telephone or live audiovisual means.
SB388,7 19Section 7. 911.01 (4) (c) of the statutes is amended to read:
SB388,4,520 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or
21rendition; sentencing, granting or revoking probation, modification of a bifurcated
22sentence under s. 302.113 (9g), or adjustment of a bifurcated sentence under s.
23973.195 (1r) or 973.198; hearings for freezing the assets of a person charged with
24financial exploitation of an adult at risk under s. 971.109;
issuance of subpoenas or
25warrants under s. 968.375, arrest warrants, criminal summonses, and search

1warrants; hearings under s. 980.09 (2); proceedings under s. 971.14 (1r) (c);
2proceedings with respect to pretrial release under ch. 969 except where habeas
3corpus is utilized with respect to release on bail or as otherwise provided in ch. 969;
4or proceedings under s. 165.76 (6) to compel provision of a biological specimen for
5deoxyribonucleic acid analysis.
SB388,8 6Section 8 . 939.623 of the statutes is created to read:
SB388,4,8 7939.623 Increased penalty for adult at risk victims. (1) In this section,
8“adult at risk” has the meaning given in s. 55.01 (1e).
SB388,4,11 9(2) If the crime victim is an adult at risk, and the present conviction is for any
10crime for which imprisonment may be imposed, the maximum term of imprisonment
11prescribed by law for that crime may be increased as follows:
SB388,4,1312 (a) A maximum term of imprisonment of one year or less may be increased to
13not more than 2 years.
SB388,4,1514 (b) A maximum term of imprisonment of more than one year but not more than
1510 years may be increased by not more than 4 years.
SB388,4,1716 (c) A maximum term of imprisonment of more than 10 years may be increased
17by not more than 6 years.
SB388,4,21 18(3) This section applies irrespective of whether the defendant had actual
19knowledge that the crime victim was an adult at risk at the time the crime was
20committed. A mistake regarding the crime victim's status as an adult at risk is not
21a defense to an increased penalty under this section.
SB388,9 22Section 9. 940.225 (1) (d) of the statutes is created to read:
SB388,5,223 940.225 (1) (d) Commits a violation under sub. (2) against an adult at risk, as
24defined in s. 55.01 (1e). This paragraph applies irrespective of whether the
25defendant had actual knowledge of the crime victim's status as an adult at risk. A

1mistake regarding the victim's status as an adult at risk is not a defense to a
2prosecution under this paragraph.
SB388,10 3Section 10. 968.20 (title) of the statutes is amended to read:
SB388,5,4 4968.20 (title) Return of property frozen or seized.
SB388,11 5Section 11. 968.20 (1) of the statutes is amended to read:
SB388,5,146 968.20 (1) Any person claiming the right to possession of property frozen or
7seized under s. 971.109 or
seized pursuant to a search warrant or seized without a
8search warrant, except for an animal taken into custody under s. 173.13 (1) or
9withheld from its owner under s. 173.21 (1) (a), may apply for its return to the circuit
10court for the county in which the property was frozen or seized or where the search
11warrant was returned, except that a court may commence a hearing, on its own
12initiative, to return property seized under s. 968.26. If an initial appearance under
13s. 970.01 is scheduled, the application for the return of the property shall be filed
14within 120 days of the initial appearance.
SB388,12 15Section 12. 968.20 (1h) of the statutes is amended to read:
SB388,5,2316 968.20 (1h) If a court orders property returned under sub. (1g), the court shall
17order the person not to sell, transfer, assign, or otherwise encumber the property
18until the court orders the property either returned under s. 961.55 (3) or 973.075 (5)
19or, forfeited under s. 961.555 or 973.076, or subject to restitution under s. 973.20. If
20the person is subsequently convicted of or found to have committed the offense, the
21court shall order the person to surrender the returned property for proceedings
22under s. 961.555 or 973.076, whichever is appropriate, or for restitution under s.
23973.20
.
SB388,13 24Section 13. 971.109 of the statutes is created to read:
SB388,6,2
1971.109 Freezing assets of a person charged with financial
2exploitation of an adult at risk.
(1) Definitions. In this section:
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