LRB-4126/1
CMH:bjk:md
2009 - 2010 LEGISLATURE
February 22, 2010 - Introduced by Senator Hansen, cosponsored by
Representatives Hraychuck, Turner, Berceau and
Townsend. Referred to
Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform,
and Housing.
SB551,1,5
1An Act to renumber 961.455 (1);
to renumber and amend 961.455 (2), 961.455
2(3) and 961.455 (4);
to amend 939.30 (1), 961.455 (title) and 973.01 (2) (c) 2. a.;
3and
to create 948.015 (7r) and 961.455 (2m) of the statutes;
relating to:
4distribution or delivery of a controlled substance or controlled substance analog
5in the presence of a child and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who distributes or delivers a controlled substance
or controlled substance analog is guilty of a felony, the penalties for which vary
depending on the controlled substance or controlled substance analog. Under this
bill, the maximum term of imprisonment for distributing or delivering a controlled
substance or controlled substance analog is increased by five years if the offense is
done in the presence of a child who is no more than ten years old.
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:
SB551, s. 1
1Section
1. 939.30 (1) of the statutes is amended to read:
SB551,2,52
939.30
(1) Except as provided in sub. (2) and s. 961.455
(1m), whoever, with
3intent that a felony be committed, advises another to commit that crime under
4circumstances that indicate unequivocally that he or she has the intent is guilty of
5a Class H felony.
SB551, s. 2
6Section
2. 948.015 (7r) of the statutes is created to read:
SB551,2,97
948.015
(7r) Section 961.455 (2m) relating to the distribution or delivery of a
8controlled substance or controlled substance analog in the presence of a child who
9has not attained the age of 10 years.
SB551, s. 3
10Section
3. 961.455 (title) of the statutes is amended to read:
SB551,2,12
11961.455 (title)
Using a child for Children and illegal drug distribution,
12delivery, or manufacturing purposes.
SB551, s. 4
13Section
4. 961.455 (1) of the statutes is renumbered 961.455 (1m) (a).
SB551, s. 5
14Section
5. 961.455 (2) of the statutes is renumbered 961.455 (1m) (b) and
15amended to read:
SB551,2,2016
961.455
(1m) (b) The knowledge requirement under
sub. (1) par. (a) does not
17require proof of knowledge of the age of the child. It is not a defense to a prosecution
18under this section that the actor mistakenly believed that the person solicited, hired,
19directed, employed
, or used under
sub. (1) par. (a) had attained the age of 18 years,
20even if the mistaken belief was reasonable.
SB551, s. 6
21Section
6. 961.455 (2m) of the statutes is created to read:
SB551,3,4
1961.455
(2m) If a person who is 18 years of age or older violates s. 961.41 (1)
2by delivering or distributing while in the presence of a child who is 10 years of age
3or younger the maximum term of imprisonment for that crime is increased by 5
4years.
SB551, s. 7
5Section
7. 961.455 (3) of the statutes is renumbered 961.455 (1m) (c) and
6amended to read:
SB551,3,97
961.455
(1m) (c) Solicitation under
sub. (1) par. (a) occurs in the manner
8described under s. 939.30, but the penalties under
sub. (1) par. (a) apply instead of
9the penalties under s. 939.30.
SB551, s. 8
10Section
8. 961.455 (4) of the statutes is renumbered 961.455 (1m) (d) and
11amended to read:
SB551,3,1412
961.455
(1m) (d) If the conduct described under
sub. (1) par. (a) results in a
13violation under s. 961.41 (1), the actor is subject to prosecution and conviction under
14s. 961.41 (1) or this section or both.
SB551, s. 9
15Section
9. 973.01 (2) (c) 2. a. of the statutes is amended to read:
SB551,3,1716
973.01
(2) (c) 2. a. Sections 939.621, 939.632, 939.645, 946.42 (4),
961.455 (2m), 17961.46, and 961.49.
