SB388: Bill Text

LRB-0150/1

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2021 - 2022 LEGISLATURE

2021 Senate BILL 388

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 An Act to amend 48.57 (3p) (g) 2., 303.07 (2), 911.01 (4) (c), 968.20 (title), 968.20 (1), 968.20 (1h) and 973.01 (2) (c) 2. a.; and to create 813.12 (1) (ac), 813.12 (5b), 813.123 (6g), 813.125 (5b), 939.623, 940.225 (1) (d) and 971.109 of the statutes; relating to: increased penalties for crimes against adults at risk; restraining orders for adults at risk; freezing assets of a defendant charged with financial exploitation of an adult at risk; sexual assault of an adult at risk; and providing a 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 Section 1 . 48.57 (3p) (g) 2. of the statutes is amended to read:

SB388,2,6 48.57 (3p) (g) 2. The person has had imposed on him or her a penalty specified in s. 939.64, 1999 stats., or s. 939.641, 1999 stats., or s. 939.6195, 939.62, 939.621, 939.623, 939.63 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the person would be subject to a penalty specified in any of those sections if convicted in this state.

SB388,2 Section 2 . 303.07 (2) of the statutes is amended to read:

SB388,3,4 303.07 (2) When convicted persons are subject to commitment to the county jail, or to the Wisconsin state prisons under s. 939.62 (1) (a) or 939.623 (2) (a) for a term not exceeding 2 years, the court may instead commit them for equivalent terms to a reforestation camp authorized under sub. (1).

SB388,3 Section 3. 813.12 (1) (ac) of the statutes is created to read:

SB388,3,6 813.12 (1) (ac) “Adult at risk” has the meaning given in s. 55.01 (1e).

SB388,4 Section 4. 813.12 (5b) of the statutes is created to read:

SB388,3,10 813.12 (5b) Adult at risk petitioner. If the petitioner is an adult at risk, the court shall permit the petitioner to participate in hearings under this section by telephone or live audiovisual means.

SB388,5 Section 5. 813.123 (6g) of the statutes is created to read:

SB388,3,14 813.123 (6g) Individual at risk petitioner. If the petitioner is an individual at risk, the court shall permit the petitioner to participate in hearings under this section by telephone or live audiovisual means.

SB388,6 Section 6. 813.125 (5b) of the statutes is created to read:

SB388,3,18 813.125 (5b) Adult at risk petitioner. If the petitioner is an adult at risk, as defined in s. 55.01 (1e), the court shall permit the petitioner to participate in hearings under this section by telephone or live audiovisual means.

SB388,7 Section 7. 911.01 (4) (c) of the statutes is amended to read:

SB388,4,5 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, granting or revoking probation, modification of a bifurcated sentence under s. 302.113 (9g), or adjustment of a bifurcated sentence under s. 973.195 (1r) or 973.198; hearings for freezing the assets of a person charged with financial exploitation of an adult at risk under s. 971.109; issuance of subpoenas or warrants under s. 968.375, arrest warrants, criminal summonses, and search warrants; hearings under s. 980.09 (2); proceedings under s. 971.14 (1r) (c); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch. 969; or proceedings under s. 165.76 (6) to compel provision of a biological specimen for deoxyribonucleic acid analysis.

SB388,8 Section 8 . 939.623 of the statutes is created to read:

SB388,4,8 939.623 Increased penalty for adult at risk victims. (1) In this section, “adult at risk” has the meaning given in s. 55.01 (1e).

SB388,4,11 (2) If the crime victim is an adult at risk, and the present conviction is for any crime for which imprisonment may be imposed, the maximum term of imprisonment prescribed by law for that crime may be increased as follows:

SB388,4,13 (a) A maximum term of imprisonment of one year or less may be increased to not more than 2 years.

SB388,4,15 (b) A maximum term of imprisonment of more than one year but not more than 10 years may be increased by not more than 4 years.

SB388,4,17 (c) A maximum term of imprisonment of more than 10 years may be increased by not more than 6 years.

SB388,4,21 (3) This section applies irrespective of whether the defendant had actual knowledge that the crime victim was an adult at risk at the time the crime was committed. A mistake regarding the crime victim's status as an adult at risk is not a defense to an increased penalty under this section.

SB388,9 Section 9. 940.225 (1) (d) of the statutes is created to read:

SB388,5,2 940.225 (1) (d) Commits a violation under sub. (2) against an adult at risk, as defined in s. 55.01 (1e). This paragraph applies irrespective of whether the defendant had actual knowledge of the crime victim's status as an adult at risk. A mistake regarding the victim's status as an adult at risk is not a defense to a prosecution under this paragraph.

SB388,10 Section 10. 968.20 (title) of the statutes is amended to read:

SB388,5,4 968.20 (title) Return of property frozen or seized.

SB388,11 Section 11. 968.20 (1) of the statutes is amended to read:

SB388,5,14 968.20 (1) Any person claiming the right to possession of property frozen or seized under s. 971.109 or seized pursuant to a search warrant or seized without a search warrant, except for an animal taken into custody under s. 173.13 (1) or withheld from its owner under s. 173.21 (1) (a), may apply for its return to the circuit court for the county in which the property was frozen or seized or where the search warrant was returned, except that a court may commence a hearing, on its own initiative, to return property seized under s. 968.26. If an initial appearance under s. 970.01 is scheduled, the application for the return of the property shall be filed within 120 days of the initial appearance.

SB388,12 Section 12. 968.20 (1h) of the statutes is amended to read:

SB388,5,23 968.20 (1h) If a court orders property returned under sub. (1g), the court shall order the person not to sell, transfer, assign, or otherwise encumber the property until the court orders the property either returned under s. 961.55 (3) or 973.075 (5) or, forfeited under s. 961.555 or 973.076, or subject to restitution under s. 973.20. If the person is subsequently convicted of or found to have committed the offense, the court shall order the person to surrender the returned property for proceedings under s. 961.555 or 973.076, whichever is appropriate, or for restitution under s. 973.20.

SB388,13 Section 13. 971.109 of the statutes is created to read:

SB388,6,2 971.109 Freezing assets of a person charged with financial exploitation of an adult at risk. (1) Definitions. In this section: