February 21, 2023 - Introduced by Senators Jacque and Carpenter, cosponsored by Representatives Rettinger, Gundrum, Armstrong, Behnke, Brandtjen, Donovan, Knodl, Murphy, Wichgers and Allen. Referred to Committee on Judiciary and Public Safety.
SB72,,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. SB72,,33Analysis by the Legislative Reference Bureau SEXUAL ASSAULT OF AN ADULT AT RISK
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.
FREEZING OF ASSETS
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.
This bill allows the court to apply the same procedure to freeze or seize assets when the crime victim an adult at risk.
PHYSICAL ABUSE OF AN ADULT AT RISK
Under current law, there is a set of penalties that apply to physical abuse of an elder person, which range from a Class I felony to a Class C felony depending on the severity of the conduct. This bill applies those same penalties to physical abuse of an adult at risk.
INCREASED PENALTIES
This bill allows a term of imprisonment that is imposed for a criminal conviction to be increased in length if the crime victim was an adult at risk. Under the bill, a maximum term of imprisonment of one year or less may be increased to two years; a maximum term of imprisonment of one to 10 years may be increased by up to four years; and a maximum term of imprisonment of more than 10 years may be increased by up to six years. Under the bill, the term of imprisonment may be lengthened irrespective of whether the defendant knew that the crime victim was an adult at risk.
RESTRAINING ORDERS FOR AN ADULT AT RISK
Under current law, a person seeking a domestic violence, individual-at-risk, or harassment restraining order must appear in person in the courtroom at a hearing to obtain a restraining order.
This bill allows an adult at risk who is seeking a domestic violence, individual-at-risk, or harassment restraining order to appear in a court hearing by telephone or live audiovisual means.
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.
SB72,,44The people of the state of Wisconsin, represented in senate and assembly, do enact as follows: SB72,15Section 1. 343.12 (7) (c) 9j. of the statutes is amended to read: SB72,,66343.12 (7) (c) 9j. Physical abuse of an elder person or an adult at risk under s. 940.198 (2). SB72,27Section 2. 813.12 (1) (ab) of the statutes is created to read: SB72,,88813.12 (1) (ab) “Adult at risk” has the meaning given in s. 55.01 (1e).