LRB-1560/2
CMH:cjs:md
2009 - 2010 LEGISLATURE
May 19, 2009 - Introduced by Representatives Danou, Milroy, Brooks, Kerkman,
Bies, Sinicki, Kaufert, Jorgensen, Townsend, Zigmunt, Smith, Berceau,
Soletski, Hraychuck, Pasch, Zepnick, Dexter, Clark and Spanbauer,
cosponsored by Senators Sullivan, Kreitlow, Plale, Carpenter, Kapanke and
Schultz. Referred to Committee on Criminal Justice.
AB269,1,3
1An Act to amend 946.41 (title); and
to create 946.41 (2r) of the statutes;
2relating to: causing injury to a law enforcement officer while resisting or
3obstructing an officer or while attempting to flee and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who intentionally resists or obstructs a law
enforcement officer is guilty of a Class A misdemeanor, and a person who
intentionally causes bodily harm to a law enforcement officer is guilty of a Class H
felony. Under this bill, a person who causes bodily harm to a law enforcement officer
while the person is resisting, obstructing, fleeing from, or attempting to flee from, a
law enforcement officer is guilty of a Class H felony.
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:
AB269, s. 1
4Section
1. 946.41 (title) of the statutes is amended to read:
AB269,2,1
1946.41 (title)
Resisting or, obstructing, or fleeing from officer.
AB269, s. 2
2Section
2. 946.41 (2r) of the statutes is created to read:
AB269,2,73
946.41
(2r) Whoever causes bodily harm to an officer is guilty of a Class H
4felony if the officer is acting in an official capacity and with lawful authority, the actor
5knows or has reason to know that the victim is an officer, and the actor causes the
6bodily harm while violating sub. (1) or while he or she flees from, or attempts to flee
7from, an officer who is acting in an official capacity and with lawful authority.
AB269,2,109
(1) The treatment of section 946.41 (2r) of the statutes first applies to acts
10committed on the effective date of this subsection.
