LRB-1658/1
CMH:wlj
2021 - 2022 LEGISLATURE
January 28, 2021 - Introduced by Senator Marklein, cosponsored by
Representative Kurtz. Referred to Committee on Judiciary and Public Safety.
SB28,1,3
1An Act to amend 940.20 (1g) of the statutes;
relating to: battery by a person
2detained while awaiting trial as a sexually violent person and providing a
3penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who intentionally causes bodily harm to another
person commits simple battery and is guilty of a Class A misdemeanor. Current law
increases the penalty for battery under special circumstances. For instance, if a
person who is committed to a facility as a sexually violent person commits battery
against an officer, employee, agent, visitor, or other resident of the facility, the person
is guilty of a Class H felony. This bill adds that a person who is placed in a facility
awaiting a commitment trial as a sexually violent person is also guilty of a Class H
felony if he or she commits battery against an officer, employee, agent, visitor, or
other resident of the facility.
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:
SB28,1
4Section
1. 940.20 (1g) of the statutes is amended to read:
SB28,2,4
1940.20
(1g) Battery by certain
detained or committed persons. Any person
2who is placed in a facility under s.
980.04 or 980.065 and who intentionally causes
3bodily harm to an officer, employee, agent, visitor, or other resident of the facility,
4without his or her consent, is guilty of a Class H felony.
