February 28, 2023 - Introduced by Representatives Rettinger, Gundrum, Allen, Armstrong, Behnke, Brandtjen, Donovan, Knodl, Murphy and Wichgers, cosponsored by Senators Jacque and Carpenter. Referred to Committee on Criminal Justice and Public Safety.

AB78,,22An Act to renumber 940.198 (1) (a) and 971.109 (1) (a); to renumber and amend 939.623 (1); to amend 343.12 (7) (c) 9j., 813.12 (5b), 813.123 (6g), 813.125 (5b), 911.01 (4) (c), 939.623 (title), 939.623 (2) (intro.), 939.623 (3), 940.198 (title), 940.198 (1) (b), 940.198 (2) (a), 940.198 (2) (b), 940.198 (2) (c), 940.198 (3) (a), 940.198 (3) (b), 940.198 (3) (c), 940.198 (4), 971.109 (title), 971.109 (2) (a) and 971.109 (2) (c); and to create 813.12 (1) (ab), 813.125 (1) (am) 2., 939.623 (1) (b), 940.198 (1) (ag), 940.225 (1) (e) and 971.109 (1) (ac) 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.

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.

Under current law, there is 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 elder person. The procedure allows a court to freeze the funds, assets, or property of the defendant in an amount up to 100 percent of the alleged value of the property involved in the defendant’s pending criminal proceeding for purposes of preserving the property for future payment of restitution to the crime victim.