LRB-0517/1
EAW:kjf
2021 - 2022 LEGISLATURE
January 21, 2022 - Introduced by Representatives Milroy, Andraca, Hebl, B.
Meyers, Sinicki, Stubbs, Subeck and Vruwink, cosponsored by Senators
Bewley and Smith. Referred to Committee on Criminal Justice and Public
Safety.
AB895,1,2
1An Act to amend 939.24 (2); and
to create 940.232 of the statutes;
relating to:
2endangering safety of an incapacitated person and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, whoever recklessly causes the death of another person is
guilty of a Class D felony, and whoever recklessly endangers another person's safety
is guilty of a Class G felony. For the purpose of these crimes, “recklessly” means that
the actor creates an unreasonable and substantial risk of death or great bodily harm
to another person, and that the actor is aware of that risk.
Under this bill, a person who recklessly endangers the safety of a person who
is incapacitated by alcohol or another drug is guilty of a Class G felony, if the reckless
endangerment of safety results in death. For the purposes of this crime created
under the bill, “recklessly” is defined as conduct that creates a situation of
unreasonable risk of harm and demonstrates a conscious disregard for the safety of
the person who is incapacitated by alcohol or another drug.
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:
AB895,1
3Section
1. 939.24 (2) of the statutes is amended to read:
AB895,2,3
1939.24
(2) Except as provided in ss.
940.232, 940.285, 940.29, 940.295, and
2943.76, if criminal recklessness is an element of a crime in chs. 939 to 951, the
3recklessness is indicated by the term “reckless" or “recklessly".
AB895,2
4Section
2. 940.232 of the statutes is created to read:
AB895,2,6
5940.232 Recklessly endangering safety of incapacitated person. (1) In
6this section:
AB895,2,87
(a) “Incapacitated by alcohol or another drug” has the meaning given in s. 51.45
8(2) (d)
.
AB895,2,119
(b) “Recklessly" means conduct that creates a situation of unreasonable risk of
10harm and demonstrates a conscious disregard for the safety of the person who is
11incapacitated by alcohol or another drug.
AB895,2,14
12(2) Whoever recklessly endangers the safety of a person who is incapacitated
13by alcohol or another drug is guilty of a Class G felony if the reckless endangerment
14of safety results in death.
