LRB-0949/3
PJH:wlj:rs
2007 - 2008 LEGISLATURE
January 15, 2008 - Introduced by Representatives Hines, Albers, Bies,
Gunderson, Hahn, Jeskewitz, Mursau, Musser, A. Ott, Pridemore,
Strachota, Townsend and Vos, cosponsored by Senators Lazich, A. Lasee and
Roessler. Referred to Committee on Criminal Justice.
AB699,1,2
1An Act to create 946.405 and 973.06 (1) (av) of the statutes;
relating to: making
2a false criminal complaint and providing penalties.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from knowingly giving false information to a law
enforcement officer or knowingly placing physical evidence with intent to mislead
the officer in the performance of his or her duty. A person who does so is guilty of a
Class A misdemeanor, and may be subject to a fine not to exceed $10,000,
imprisonment not to exceed nine months, or both.
This bill prohibits a person from knowingly making a false report, or causing
another person to make a false report, of a crime to a law enforcement officer. Under
the bill, if a person knowingly makes a false report, or causes another person to make
a false report, of a misdemeanor, the person is guilty of a Class A misdemeanor, and
may be subject to a fine not to exceed $10,000, imprisonment not to exceed nine
months, or both. If a person knowingly makes a false report, or causes another
person to make a false report, of a felony, the person is guilty of a Class I felony, and
may be subject to a fine not to exceed $10,000, imprisonment not to exceed three
years and six months, or both.
Further, the bill allows a court to order a person convicted of making a false
report to reimburse the law enforcement or emergency response agency that
responded to the false report for costs the agency incurred while responding to the
false report.
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 concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB699, s. 1
1Section
1. 946.405 of the statutes is created to read:
AB699,2,5
2946.405 Making a false report of a crime. (1) Whoever knowingly makes
3a false report, or knowingly causes another person to make a false report, of a
4misdemeanor to an officer, as defined in s. 946.41 (2) (b), is guilty of a Class A
5misdemeanor.
AB699,2,8
6(2) Whoever knowingly makes a false report, or knowingly causes another
7person to make a false report, of a felony to an officer, as defined in s. 946.41 (2) (b),
8is guilty of a Class I felony.
AB699,2,11
9(3) A person may not be charged under this section solely because he or she
10recants the report or solely because his or her report does not lead to criminal charges
11against, or a conviction of, another person.
AB699, s. 2
12Section
2. 973.06 (1) (av) of the statutes is created to read:
AB699,2,1713
973.06
(1) (av) If the defendant violated s. 946.405, the moneys expended by
14a state or a local government law enforcement agency or emergency response agency
15to respond to or investigate the misdemeanor or felony that the defendant falsely
16reported. Costs allowable under this paragraph may include personnel costs and
17costs associated with the use of police or emergency response vehicles.
