February 10, 2021 - Introduced by Representatives Macco, Wittke, Armstrong,
Callahan, Dittrich, Edming, Gundrum, Horlacher, Kerkman, Kuglitsch,
Magnafici, Milroy, Petryk, Ramthun, Skowronski, Snyder, Steffen,
Summerfield and Zimmerman, cosponsored by Senators Testin, Carpenter,
Ballweg, Felzkowski, Feyen and L. Taylor. Referred to Committee on
Criminal Justice and Public Safety.

AB44,2,2 1An Act to repeal 940.19 (6) (a); to renumber 813.125 (1) (am) 1. and 813.125
2(1) (am) 2.; to consolidate, renumber and amend 940.19 (6) (intro.) and (b);
3to amend 48.57 (3p) (g) 2., 48.685 (1) (c) 2., 50.065 (1) (e) 1., 103.34 (1) (b) 2.,
4165.84 (7) (ab) 1., 301.048 (2) (bm) 1. a., 302.11 (1g) (a) 2., 303.07 (2), 813.123
5(1) (eg), 813.125 (1) (am) (intro.), 895.45 (1) (a), 911.01 (4) (c), 938.208 (1) (a),
6938.34 (4m) (b) 1., 938.355 (2d) (b) 3., 939.62 (2m) (a) 2m. b., 939.632 (1) (e) 1.,
7941.29 (1g) (a), 941.291 (1) (b), 949.03 (1) (b), 968.20 (title), 968.20 (1), 968.20
8(1h), 968.26 (1b) (a) 2. a., 969.035 (1), 969.08 (10) (b), 973.01 (2) (c) 2. a., 973.0135
9(1) (b) 2., 973.06 (1) (av) 2. a., 973.06 (1) (av) 2. b., 973.123 (1) and 980.01 (6) (b);
10and to create 343.12 (7) (c) 9j., 813.12 (1) (ar), 813.12 (5b), 813.123 (6g), 813.125
11(1) (am) 3., 813.125 (1) (am) 4. (intro.), 813.125 (5b), 939.623, 940.198, 940.225
12(1) (d) and 971.109 of the statutes; relating to: increased penalties for crimes
13against elder persons; restraining orders for elder persons; freezing assets of a

1defendant charged with financial exploitation of an elder person; sexual assault
2of an elder person; physical abuse of an elder person; 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 60 years of age or older.
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 60 years of age or older, whether or not he or she
knew the victim's age.

This bill creates the crime of physical abuse of an elder person that is modeled
after the current law prohibition of physical abuse of a child. Under the bill, an elder
person is anyone who is 60 years of age or older, and a person may be prosecuted
irrespective of whether he or she knew the age of the crime victim. Under the bill,
the penalties range from a Class C felony for intentionally causing great bodily harm
to a Class I felony for recklessly causing bodily harm.

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 at least
60 years old, 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.

This bill creates a scheme that allows a term of imprisonment that is imposed
for a criminal conviction to be increased in length if the crime victim was an elder
person. 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 the age of the crime
victim.