LRBs0636/1
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2005 - 2006 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 2,
TO 2005 ASSEMBLY BILL 784
March 7, 2006 - Offered by Senators Darling and Grothman.
AB784-SSA2,1,5 1An Act to renumber and amend 948.02 (1); to amend 948.025 (1) (a) and
2948.025 (2) (a); and to create 939.617, 939.66 (2p), 948.02 (1) (a), (c), (d) and
3(e), 948.025 (1) (ag) and (ar) and 948.025 (2) (ag) and (ar) of the statutes;
4relating to: mandatory terms of confinement for certain child sex offenses and
5providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB784-SSA2, s. 1 6Section 1. 939.617 of the statutes is created to read:
AB784-SSA2,1,11 7939.617 Mandatory minimum sentence for child sex offenses. (1) If a
8person is convicted of a violation of s. 948.02 (1) (b) or (c) or 948.025 (1) (a), the court
9shall impose a bifurcated sentence under s. 973.01. The term of confinement in
10prison portion of the bifurcated sentence shall be at least 25 years. Otherwise the
11penalties for the crime apply, subject to any applicable penalty enhancement.
AB784-SSA2,2,5
1(2) If a person is convicted of a violation of s. 948.02 (1) (d) or 948.025 (1) (ag),
2the court shall impose a bifurcated sentence under s. 973.01. The term of
3confinement in prison portion of the bifurcated sentence shall be at least 5 years.
4Otherwise the penalties for the crime apply, subject to any applicable penalty
5enhancement.
AB784-SSA2,2,6 6(3) This section does not apply if s. 939.62 (2m) (c) applies.
AB784-SSA2, s. 2 7Section 2. 939.66 (2p) of the statutes is created to read:
AB784-SSA2,2,98 939.66 (2p) A crime which is a less serious or equally serious type of violation
9under s. 948.02 than the one charged.
AB784-SSA2, s. 3 10Section 3. 948.02 (1) of the statutes is renumbered 948.02 (1) (b) and amended
11to read:
AB784-SSA2,2,1312 948.02 (1) (b) Whoever has sexual contact or sexual intercourse with a person
13who has not attained the age of 13 12 years is guilty of a Class B felony.
AB784-SSA2, s. 4 14Section 4. 948.02 (1) (a), (c), (d) and (e) of the statutes are created to read:
AB784-SSA2,2,1915 948.02 (1) (a) In this subsection, "sexual intercourse" means vulvar
16penetration as well as cunnilingus, fellatio, or anal intercourse between persons or
17any intrusion of any inanimate object into the genital or anal opening either by the
18defendant or upon the defendant's instruction. The emission of semen is not
19required.
AB784-SSA2,2,2120 (c) Whoever has sexual intercourse with a person who has not attained the age
21of 16 years by use or threat of force or violence is guilty of a Class B felony.
AB784-SSA2,2,2422 (d) Whoever has sexual contact with a person who has not attained the age of
2316 years by use or threat of force or violence is guilty of a Class B felony if the actor
24is at least 18 years of age when the sexual contact occurs.
AB784-SSA2,3,2
1(e) Whoever has sexual contact with a person who has not attained the age of
213 years is guilty of a Class B felony.
AB784-SSA2, s. 5 3Section 5. 948.025 (1) (a) of the statutes is amended to read:
AB784-SSA2,3,54 948.025 (1) (a) A Class B felony if at least 3 of the violations were violations of
5s. 948.02 (1) (b) or (c).
AB784-SSA2, s. 6 6Section 6. 948.025 (1) (ag) and (ar) of the statutes are created to read:
AB784-SSA2,3,97 948.025 (1) (ag) A Class B felony if at least 3 of the violations were violations
8of s. 948.02 (1) (b), (c), or (d) but fewer than 3 of the violations were violations of s.
9948.02 (1) (b) or (c).
AB784-SSA2,3,1210 (ar) A Class B felony if at least 3 of the violations were violations of s. 948.02
11(1) (b), (c), (d), or (e) but fewer than 3 of the violations were violations of s. 948.02 (1)
12(b), (c), or (d).
AB784-SSA2, s. 7 13Section 7. 948.025 (2) (a) of the statutes is amended to read:
AB784-SSA2,3,1814 948.025 (2) (a) If an action under sub. (1) (a) is tried to a jury, in order to find
15the defendant guilty the members of the jury must unanimously agree that at least
163 violations of s. 948.02 (1) (b) or (c) occurred within the specified period of time but
17need not agree on which acts constitute the requisite number and need not agree on
18whether a particular violation was a violation of s. 948.02 (1) (b) or (c)
.
AB784-SSA2, s. 8 19Section 8. 948.025 (2) (ag) and (ar) of the statutes are created to read:
AB784-SSA2,3,2420 948.025 (2) (ag) If an action under sub. (1) (ag) is tried to a jury, in order to find
21the defendant guilty the members of the jury must unanimously agree that at least
223 violations of s. 948.02 (1) (b), (c), or (d) occurred within the specified period of time
23but need not agree on which acts constitute the requisite number and need not agree
24on whether a particular violation was a violation of s. 948.02 (1) (b), (c), or (d).
AB784-SSA2,4,5
1(ar) If an action under sub. (1) (ar) is tried to a jury, in order to find the
2defendant guilty the members of the jury must unanimously agree that at least 3
3violations of s. 948.02 (1) (b), (c), (d), or (e) occurred within the specified period of time
4but need not agree on which acts constitute the requisite number and need not agree
5on whether a particular violation was a violation of s. 948.02 (1) (b), (c), (d), or (e).
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