2021 Assembly BILL 922
January 28, 2022 - Introduced by Representatives Wichgers, Skowronski, Moses
and Murphy, cosponsored by Senator Jacque. Referred to Committee on
Criminal Justice and Public Safety.
AB922,1,7 1An Act to amend 48.57 (3p) (g) 2., 303.07 (2), 911.01 (4) (c), 968.20 (title), 968.20
2(1), 968.20 (1h) and 973.01 (2) (c) 2. a.; and to create 813.12 (1) (ac), 813.12 (5b),
3813.123 (6g), 813.125 (5b), 939.623, 940.225 (1) (d) and 971.109 of the statutes;
4relating to: increased penalties for crimes against adults at risk; restraining
5orders for adults at risk; freezing assets of a defendant charged with financial
6exploitation of an adult at risk; sexual assault of an adult at risk; and providing
7a penalty.
Analysis 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
This bill creates 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 adult
at risk.

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 an adult
at risk, 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.
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 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 that the crime victim was an adult at risk.
restraining orders for an adult at risk
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.
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.
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:
AB922,1 1Section 1 . 48.57 (3p) (g) 2. of the statutes is amended to read:
AB922,2,62 48.57 (3p) (g) 2. The person has had imposed on him or her a penalty specified
3in s. 939.64, 1999 stats., or s. 939.641, 1999 stats., or s. 939.6195, 939.62, 939.621,
4939.623, 939.63 or 939.645 or has been convicted of a violation of the law of any other
5state or federal law under circumstances under which the person would be subject
6to a penalty specified in any of those sections if convicted in this state.
AB922,2 7Section 2 . 303.07 (2) of the statutes is amended to read:
AB922,3,4
1303.07 (2) When convicted persons are subject to commitment to the county
2jail, or to the Wisconsin state prisons under s. 939.62 (1) (a) or 939.623 (2) (a) for a
3term not exceeding 2 years, the court may instead commit them for equivalent terms
4to a reforestation camp authorized under sub. (1).
AB922,3 5Section 3. 813.12 (1) (ac) of the statutes is created to read:
AB922,3,66 813.12 (1) (ac) “Adult at risk” has the meaning given in s. 55.01 (1e).
AB922,4 7Section 4. 813.12 (5b) of the statutes is created to read:
AB922,3,108 813.12 (5b) Adult at risk petitioner. If the petitioner is an adult at risk, the
9court shall permit the petitioner to participate in hearings under this section by
10telephone or live audiovisual means.
AB922,5 11Section 5. 813.123 (6g) of the statutes is created to read: