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LRB-4434/1
CMH:skw
2021 - 2022 LEGISLATURE
January 7, 2022 - Introduced by Representatives Callahan, Snyder, Behnke,
Born, Brandtjen, Dittrich, Edming, Gundrum, James, Kuglitsch, Murphy,
Penterman, Plumer, Sanfelippo, Schraa, Tranel and Mursau, cosponsored
by Senators Feyen, Marklein, Nass, Stroebel and Cowles. Referred to
Committee on Corrections.
AB824,1,3 1An Act to amend 973.01 (2) (c) 2. a.; and to create 940.20 (2n) of the statutes;
2relating to: battery of a corrections employee by a person in custody and
3providing 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. For example, under current law, a person who intentionally
causes bodily harm to a probation, extended supervision, and parole agent commits
the crime of special circumstances battery and is guilty of a Class H felony. Current
law also increases penalties for battery that results in greater bodily harm. For
instance, if a person intentionally causes great bodily harm, such as a permanent
disfigurement, to another, the person commits the crime of aggravated battery and
is guilty of a Class E felony. Under the bill, if a person who is in the custody of DOC
commits any type of battery against an employee of DOC, the maximum
imprisonment penalty for that level of battery is increased by five years, and, if the
person is serving a sentence when the battery is committed, the sentence imposed
must run consecutive to the one the person is serving, not concurrent to it.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB824,1
1Section 1. 940.20 (2n) of the statutes is created to read:
AB824,2,62 940.20 (2n) Battery to department of corrections employees. (a) If a person
3who is in custody, as defined in s. 968.205 (1) (a), intentionally causes bodily harm
4to an employee of the department of corrections, the maximum term of imprisonment
5prescribed by law for that crime shall be increased by 5 years if all of the following
6apply:
AB824,2,87 1. At the time of the act, the person in custody knows or should have known that
8the victim is an employee of the department of corrections.
AB824,2,109 2. The employee is acting in an official capacity at the time of the act or the act
10is in response to any action taken in an official capacity.
AB824,2,1111 3. There is no consent by the employee.
AB824,2,1512 (b) Notwithstanding s. 973.15 (2) (a), if the penalty enhancer under par. (a)
13could be imposed on a sentence, the sentence, regardless of the length of the term of
14imprisonment actually imposed, shall run consecutive to any sentence the person is
15currently serving.
AB824,2 16Section 2. 973.01 (2) (c) 2. a. of the statutes, as affected by 2021 Wisconsin Act
1776
, is amended to read:
AB824,2,1918 973.01 (2) (c) 2. a. Sections 939.621, 939.623, 939.632, 939.635, 939.645, 940.20
19(2n),
946.42 (4), 961.442, 961.46, and 961.49.
AB824,2,2020 (End)
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