LRB-0525/1
PJH:kjf:nwn
2007 - 2008 LEGISLATURE
February 22, 2007 - Introduced by Representatives Albers, Owens, Musser,
Mursau, Kleefisch, Gunderson, Lothian and A. Ott, cosponsored by Senator
Schultz. Referred to Committee on Corrections and Courts.
AB92,1,2
1An Act to create 939.622 of the statutes;
relating to: battery occurring during
2a riot and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law criminalizes several types of assaultive behavior by prisoners:
1. It is a crime for a prisoner to cause bodily harm intentionally to an officer,
employee, visitor, or another inmate of a prison or other type of detention facility
without the person's consent (battery by a prisoner). The maximum penalty for
battery by a prisoner is a fine not to exceed $10,000; a term of confinement in prison
followed by a term of extended supervision that together may not exceed six years;
or both.
2. It is a crime for a prisoner to place an officer, employee, visitor, or another
inmate of a prison or other type of detention facility in fear of immediate and great
bodily harm or to confine or restrain the officer, employee, visitor, or other inmate.
The maximum penalty for these offenses is a fine not to exceed $10,000; a term of
confinement followed by a term of extended supervision that together may not exceed
12.5 years; or both.
3. It is a crime for a prisoner to throw or expel certain bodily substances at an
officer, employee, visitor, or other inmate of a prison or other type of detention facility.
The maximum penalty for this offense is a fine not to exceed $10,000; a term of
confinement followed by a term of extended supervision that together may not exceed
three and one-half years; or both.
Under this bill, any person who commits any of those offenses while
participating in a riot is subject to a mandatory minimum term of three years in
prison, to run consecutively to any other term of imprisonment the person is already
serving. The bill defines a "riot" as a disruption that creates a risk of injury or death
to any person or damage to property and that is committed by two or more persons
who are arrested, detained, or otherwise in the custody of any law enforcement
agency in the state.
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:
AB92, s. 1
1Section
1. 939.622 of the statutes is created to read:
AB92,2,6
2939.622 Mandatory minimum sentence for battery that occurs
3pursuant to a riot. (1) In this subsection, "riot" means a disruption that creates
4a risk of injury or death to any person or damage to property and that is committed
5by 2 or more persons who are arrested, detained, or otherwise in the custody of any
6law enforcement agency in the state.
AB92,2,13
7(2) If a person is convicted of a violation of s. 940.20 or 946.43 while
8participating in a riot, the court shall impose a bifurcated sentence under s. 973.01.
9The term of confinement in prison portion of a bifurcated sentence imposed under
10this subsection may not be less than 3 years and shall run consecutive to any other
11term of imprisonment the person was serving at the time of the violation, but
12otherwise the penalties for the crime apply, subject to any applicable penalty
13enhancement.
