LRB-1148/1
GMM:jld:sh
2007 - 2008 LEGISLATURE
November 28, 2007 - Introduced by Senators Hansen, Roessler and Plale,
cosponsored by Representative
Musser. Referred to Committee on Judiciary,
Corrections, and Housing.
SB339,1,6
1An Act to amend 301.048 (2) (bm) 1. a., 938.183 (1) (a), 938.183 (1m) (c) 1.,
2938.183 (1m) (c) 2., 941.291 (1) (b) and 969.08 (10) (b); and
to create 939.635
3of the statutes;
relating to: a mandatory minimum sentence for a juvenile who
4is convicted of throwing a bodily substance at or toward a person while placed
5in a juvenile correctional facility, a juvenile detention facility, or a secured
6residential care center for children and youth and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, subject to certain exceptions, a juvenile who is alleged to
have violated a criminal law is subject to the exclusive original jurisdiction of the
court assigned to exercise jurisdiction under the Juvenile Justice Code (juvenile
court). For certain violations, however, including the violation of throwing a bodily
substance, such as blood, semen, urine, or feces, at or toward another person while
placed in a juvenile correctional facility, a juvenile detention facility, or a secured
residential care center for children and youth, the juvenile who is alleged to have
committed the violation is subject to the exclusive original jurisdiction of a court of
criminal jurisdiction (adult court). A violation of the prohibition against throwing
a bodily substance is a Class I felony, for which a court may sentence a person to a
fine not to exceed $10,000; a term of imprisonment, consisting of a term of
confinement in prison followed by a term of extended supervision that together may
not exceed three years and six months; or both a fine and a term of imprisonment.
For a Class I felony, the term of confinement in prison portion of the sentence may
not exceed 18 months.
This bill requires an adult court that convicts a juvenile of throwing a bodily
substance at or toward another person while placed in a juvenile correctional facility,
a juvenile detention facility, or a secured residential care center for children and
youth to sentence the juvenile to the 18-month maximum term of confinement in
prison allowed for a Class I felony, unless the court finds both that imposing a lesser
sentence would not depreciate the seriousness of the offense and that a 18-month
term of confinement in prison is not necessary to deter the juvenile or others from
committing the same violation.
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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB339, s. 1
1Section
1. 301.048 (2) (bm) 1. a. of the statutes is amended to read:
SB339,2,102
301.048
(2) (bm) 1. a. A crime specified in s. 940.19 (3), 1999 stats., s. 940.195
3(3), 1999 stats., s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., or s. 940.01,
4940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (4) or (5), 940.195 (4)
5or (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.285 (2) (a) 1.
6or 2., 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2., or 3., 940.31, 940.43 (1) to (3), 940.45 (1)
7to (3), 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013,
8943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.30, 943.32, 946.43
(1m) or (2m),
9947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08,
10948.085, or 948.30.
SB339, s. 2
11Section
2. 938.183 (1) (a) of the statutes is amended to read:
SB339,3,212
938.183
(1) (a) A juvenile who has been adjudicated delinquent and who is
13alleged to have violated s. 940.20 (1) or 946.43
(1m) or (2m) while placed in a juvenile
14correctional facility, a juvenile detention facility, or a secured residential care center
1for children and youth or who has been adjudicated delinquent and who is alleged
2to have committed a violation of s. 940.20 (2m).
SB339, s. 3
3Section
3. 938.183 (1m) (c) 1. of the statutes is amended to read:
SB339,3,114
938.183
(1m) (c) 1. Except as provided in subd. 3., the court of criminal
5jurisdiction finds that the juvenile has committed a lesser offense or a joined offense
6that is not a violation of s. 940.20 (1) or (2m) or 946.43
(1m) or (2m) under the
7circumstances described in sub. (1) (a), that is not an attempt to violate s. 940.01
8under the circumstances described in sub. (1) (am), that is not a violation of s. 940.02
9or 940.05 under the circumstances described in sub. (1) (am), and that is not an
10offense for which the court assigned to exercise jurisdiction under this chapter and
11ch. 48 may waive its jurisdiction over the juvenile under s. 938.18.
SB339, s. 4
12Section
4. 938.183 (1m) (c) 2. of the statutes is amended to read:
SB339,3,2413
938.183
(1m) (c) 2. Except as provided in subd. 3., the court of criminal
14jurisdiction finds that the juvenile has committed a lesser offense or a joined offense
15that is a violation of s. 940.20 (1) or (2m) or 946.43
(1m) or (2m) under the
16circumstances described in sub. (1) (a), that is an attempt to violate s. 940.01 under
17the circumstances described in sub. (1) (am), that is a violation of s. 940.02 or 940.05
18under the circumstances described in sub. (1) (am), or that is an offense for which the
19court assigned to exercise jurisdiction under this chapter and ch. 48 may waive its
20jurisdiction over the juvenile under s. 938.18 and the court of criminal jurisdiction,
21after considering the criteria specified in s. 938.18 (5), determines that the juvenile
22has proved by clear and convincing evidence that it would be in the best interests of
23the juvenile and of the public to adjudge the juvenile to be delinquent and impose a
24disposition specified in s. 938.34.
SB339, s. 5
25Section
5. 939.635 of the statutes is created to read:
SB339,4,7
1939.635 Penalty; assault in juvenile facilities. (1) Except as provided in
2sub. (2), if a person is convicted of violating s. 946.43 (2m) while placed in a juvenile
3correctional facility, as defined in s. 938.02 (10p), a juvenile detention facility, as
4defined in s. 938.02 (10r), or a secured residential care center for children and youth,
5as defined in s. 938.02 (15g), the court shall sentence the person to a term of
6confinement in prison for one year and 6 months and to a term of extended
7supervision under s. 973.01 (2) (d).
SB339,4,12
8(2) Notwithstanding sub. (1), a court may place a person who is subject to sub.
9(1) on probation or impose on that person a sentence that is less than the presumptive
10minimum sentence specified in sub. (1) only if the court makes all of the following
11findings of fact and places on the record its reasons for imposing probation or that
12lesser sentence:
SB339,4,1413
(a) That placing the person on probation or imposing a lesser sentence would
14not depreciate the seriousness of the offense.
SB339,4,1915
(b) That imposing the presumptive minimum sentence specified in sub. (1) is
16not necessary to deter the person or other persons from committing violations of s.
17946.43 (2m) while placed in a juvenile correctional facility, as defined in s. 938.02
18(10p), a juvenile detention facility, as defined in s. 938.02 (10r), or a secured
19residential care center for children and youth, as defined in s. 938.02 (15g).
SB339, s. 6
20Section
6. 941.291 (1) (b) of the statutes is amended to read:
SB339,5,621
941.291
(1) (b) "Violent felony" means any felony, or the solicitation, conspiracy,
22or attempt to commit any felony, under s. 943.23 (1m) or (1r), 1999 stats., or s. 940.01,
23940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.20,
24940.201, 940.203, 940.21, 940.225, 940.23, 940.285 (2), 940.29, 940.295 (3), 940.30,
25940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.29,
1941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2),
2943.23 (1g), 943.32, 943.81, 943.82, 943.83, 943.85, 943.86, 943.87, 943.88, 943.89,
3943.90, 946.43
(1m) or (2m), 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04,
4948.05, 948.06, 948.07, 948.08, 948.085, or 948.30; or, if the victim is a financial
5institution, as defined in s. 943.80 (2), a felony, or the solicitation, conspiracy, or
6attempt to commit a felony under s. 943.84 (1) or (2).
SB339, s. 7
7Section
7. 969.08 (10) (b) of the statutes is amended to read:
SB339,5,178
969.08
(10) (b) "Serious crime" means any crime specified in s. 943.23 (1m),
91999 stats., or s. 943.23 (1r), 1999 stats., or s. 346.62 (4), 940.01, 940.02, 940.03,
10940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.20, 940.201,
11940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g.,
121m., 1r., 2. or 3., 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c),
13943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), 943.30, 943.32,
14943.81, 943.82, 943.83, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 946.01,
15946.02, 946.43
(1m) or (2m), 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04,
16948.05, 948.06, 948.07, 948.085, or 948.30 or, if the victim is a financial institution,
17as defined in s. 943.80 (2), a crime under s. 943.84 (1) or (2).
SB339,5,2019
(1)
Throwing of bodily substances in juvenile facility. This act first applies
20to offenses committed on the effective date of this subsection.
