- 2026 LEGISLATURE LRBa0602/1LRB-1798/1 MJW:klmMJW:cjs ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 19 NovemberFebruary 17,6, 2025 - OfferedIntroduced by RepresentatiREIBIC.RepresentativesREIBICH, ALLEN, BEHNKE , D ITTRIC, D ONOVAN, G UNDRUM , KNODL , MURPHY , MURSAU , TUSLER and W ICHGERS, cosponsored by Senators ACQUE and CARPENTER .
AtReferred theto locationsCommittee indicated,on amendCriminal theJustice billand asPublic follows:Safety.
1.A N A CT to renumber 940.198 (1) (a) and 971.109 (1) (a);
Pageto 5,renumber lineand 3:amend 939.623 (1);
deleteto theamend material343.12 beginning(7) with(c) that9j., line813.12 and(5b), ending813.123 with(6g), line813.125 7(5b), 911.01 (4) (c), 939.623 (title), 939.623 (2) (intro.), 939.623 (3), 940.198 (title), 940.198 (1) (b), 940.198 (2) (a), 940.198 (2) (b), 940.198 (2) (c), 940.198 (3) (a), 940.198 (3) (b), 940.198 (3) (c), 940.198 (4), 971.109 (title), 971.109 (2) (a) and substitute:971.109 (2) (c);
“SECTIONand 12g.to create 813.12 (1) (ab), 813.125 (1) (am) 2., 939.623 (1) (b), 940.198 (1) (ag), 940.225 (1) (e) and 971.109 (1) (ac) of the statutes;
939.623relating (3)to: of the statutes is renumbered 939.623 (3) (a) and amended to read:
939.623increased (3)penalties (a)for Thiscrimes sectionagainst appliesadults toat arisk; crime involving an elder person crime victim irrespective of whether the defendant had actual knowledge of the crime victim’s age.
Arestraining mistakeorders regardingfor theadults crimeat victim’srisk; age is not a defense to an increased penalty under this section.
Sfreezing ECTIONassets 12r.of a defendant charged with financial exploitation of an adult at risk;
939.623sexual (3)assault (b) of thean statutesadult isat createdrisk; to read:
939.623and (3)providing (b) This section applies to a crimepenalty. involving an adult at risk crime - 2026 Legislature - 2 - LRBa0602/1 MJW:klm victim only if the defendant had actual knowledge that the crime victim is an adult at risk.”.
2.- 2026 Legislature - 2 - LRB-1798/1 MJW:cjs ASSEMBLY BILL 19 Analysis by the Legislative Reference Bureau SEXUAL ASSAULT OF AN ADULT AT RISK Under this bill, any act of sexual misconduct that is currently a second degree sexual assault is a first degree sexual assault if the victim is an adult at risk.
PageUnder 6,current linelaw, 21:if a person engages in any of the specified acts of sexual misconduct, he or she is guilty of a Class C felony.
deleteUnder the materialbill, beginninghe withor “irrespectiveshe is guilty of whether”a andClass endingB withfelony “paragraph”if onthe pagevictim 7,is linean 2,adult andat substituterisk, “onlyregardless ifof thewhether defendantor hadnot actualhe knowledgeor thatshe knew the victimvictim’s isstatus as an adult at risk”.risk.
3.FREEZING OF ASSETS Under current law, there is a procedure for a court to freeze or seize assets from a defendant who has been charged with a financial exploitation crime when the victim is an elder person.
PageThe 7,procedure lineallows 2:a court to freeze the funds, assets, or property of the defendant in an amount up to 100 percent of the alleged value of the property involved in the defendant’s pending criminal proceeding for purposes of preserving the property for future payment of restitution to the crime victim.
deleECTION24mThis andbill substitute:allows the court to apply the same procedure to freeze or seize assets when the crime victim an adult at risk.
“SECTIONPHYSICAL 24q.ABUSE OF AN ADULT AT RISK Under current law, there is a set of penalties that apply to physical abuse of an elder person, which range from a Class I felony to a Class C felony depending on the severity of the conduct.
940.66This (4)bill (title)applies ofthose thesame statutes,penalties asto affectedphysical byabuse 2025of Wisconsinan Actadult 24,at isrisk. amended to read:
940.66INCREASED (4)PENALTIES (titleNOWLEDGEThis OFbill AGEallows NOTa REQUIREDterm .of imprisonment that is imposed for a criminal conviction to be increased in length if the crime victim was an adult at risk.
SUnder ECTIONthe 24r.bill, a maximum term of imprisonment of one year or less may be increased to two years;
940.66a (4)maximum term of theimprisonment statutes,of asone affectedto by10 2025years Wisconsinmay Actbe 24,increased isby renumberedup 940.66 (4) (a) and amended to read:four years;
940.66and (4) (a) This section applies to a crimemaximum involvingterm anof elderimprisonment personof victimmore irrespectivethan of10 whetheryears themay defendantbe hadincreased actualby knowledgeup ofto thesix victim’syears. age.
AUnder mistakethe regardingbill, the victim’sterm ageof isimprisonment notmay abe defenselengthened toirrespective aof prosecutionwhether underthe thisdefendant section.knew that the crime victim was an adult at risk.
SRESTRAINING ECTIONORDERS 24s.FOR AN ADULT AT RISK Under current law, a person seeking a domestic violence, individual-at-risk, or harassment restraining order must appear in person in the courtroom at a hearing to obtain a restraining order.
940.66This (4)bill (b)allows ofan theadult statutesat risk who is createdseeking a domestic violence, individual- at-risk, or harassment restraining order to read:appear in a court hearing by telephone or live audiovisual means.
940.66Because (4)this (b)bill Thiscreates sectiona appliesnew tocrime or revises a crimepenalty involvingfor an adultexisting atcrime, risk- victim2026 onlyLegislature if- the3 defendant- hadLRB-1798/1 actualMJW:cjs knowledgeASSEMBLY thatBILL 19 S ECTION 1 the victimJoint isReview anCommittee adulton atCriminal risk.”.Penalties may be requested to prepare a report.
(ENDThe )people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1.
343.12 (7) (c) 9j.
of the statutes is amended to read:
343.12 (7) (c) 9j.
Physical abuse of an elder person or an adult at risk under s.
940.198 (2).
SECTION 2.
813.12 (1) (ab) of the statutes is created to read:
813.12 (1) (ab) “Adult at risk” has the meaning given in s.
55.01 (1e).
SECTION 3.
813.12 (5b) of the statutes is amended to read:
813.12 (5b) ELDER PERSON OR ADULT AT-RISK PETITIONER.
If the petitioner is an elder person or an adult at risk, the court shall permit the petitioner to participate in hearings under this section by telephone or live audiovisual means.
SECTION 4.
813.123 (6g) of the statutes is amended to read:
813.123 (6g) ELDER ADULT -AT-RISK NDIVIDUAL -AT-RISK PETITIONE.
If the petitioner is an elder adult individual at risk, the court shall permit the petitioner to participate in hearings under this section by telephone or live audiovisual means.
SECTION 5.
813.125 (1) (am) 2.
of the statutes is created to read:
813.125 (1) (am) 2.
“Adult at risk” has the meaning given in s.
55.01 (1e).
SECTION 6.
813.125 (5b) of the statutes is amended to read:
813.125 (5b) LDER PERSON OR ADULT -AT-RISK PETITIONE.
If the petitioner is an elder person or an adult at risk, the court shall permit the petitioner to participate in hearings under this section by telephone or live audiovisual means.
SECTION 7.
911.01 (4) (c) of the statutes is amended to read:
- 2026 Legislature - 4 - LRB-1798/1 MJW:cjs ASSEMBLY BILL 19 SECTION 7 911.01 (4) (c) Miscellaneous proceedingsProceedings for extradition or rendition;
sentencing, granting or revoking probation, modification of a bifurcated sentence under s.
302.113 (9g), or adjustment of a bifurcated sentence under s.
973.195 (1r) or 973.198;
hearings for the freezing of assets of a person charged with financial exploitation of an elder person or adult at risk under s.
971.109;
issuance of subpoenas or warrants under s.
968.375, arrest warrants, criminal summonses, and search warrants;
hearings under s.
980.09 (2);
proceedings under s.
971.14 (1r) (c);
proceedings with respect to pretrial release under ch.
969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch.
969;
or proceedings under s.
165.76 (6) to compel provision of a biological specimen for deoxyribonucleic acid analysis.
S ECTION 8.
939.623 (title) of the statutes is amended to read:
939.623 (title) Increased penalty for elder person or adult-at-risk victims.
S ECTION 9.
939.623 (1) of the statutes is renumbered 939.623 (1) (intro.) and amended to read:
939.623 (1) (intro.) In this section, “elder:
(c) “Elder person” means any individual who is 60 years of age or older.
S ECTION 10.
939.623 (1) (b) of the statutes is created to read:
939.623 (1) (b) “Adult at risk” has the meaning given in s.
55.01 (1e).
S ECTION 11.
939.623 (2) (intro.) of the statutes is amended to read:
939.623 (2) (intro.) If the crime victim is an elder person or an adult at risk, and the present conviction is for any crime for which imprisonment may be - 2026 Legislature - 5 - LRB-1798/1 MJW:cjs ASSEMBLY BILL 19 S ECTION 11 imposed, the maximum term of imprisonment prescribed by law for that crime may be increased as follows:
S ECTION 12.
939.623 (3) of the statutes is amended to read:
939.623 (3) This section applies irrespective of whether the defendant had actual knowledge of the crime victim’s age or that the crime victim was an adult at risk at the time of the crime.
A mistake regarding the crime victim’s age or status as an adult at risk is not a defense to an increased penalty under this section.
S ECTION 13.
940.198 (title) of the statutes is amended to read:
940.198 (title) Physical abuse of an elder person or an adult at risk.
S ECTION 14.
940.198 (1) (a) of the statutes is renumbered 940.198 (1) (ar).
S ECTION 15.
940.198 (1) (ag) of the statutes is created to read:
940.198 (1) (ag) “Adult at risk” has the meaning given in s.
55.01 (1e).
S ECTION 16.
940.198 (1) (b) of the statutes is amended to read:
940.198 (1) (b) “Recklessly” means conduct that creates a situation of unreasonable risk of harm to and demonstrates a conscious disregard for the safety of the elder person.
S ECTION 17.
940.198 (2) (a) of the statutes is amended to read:
940.198 (2) (a) Whoever intentionally causes great bodily harm to an elder person or an adult at risk is guilty of a Class C felony.
S ECTION 18.
940.198 (2) (b) of the statutes is amended to read:
940.198 (2) (b) Whoever intentionally causes bodily harm to an elder person or an adult at risk is guilty of a Class H felony.
S ECTION 19.
940.198 (2) (c) of the statutes is amended to read:
- 2026 Legislature - 6 - LRB-1798/1 MJW:cjs ASSEMBLY BILL 19 S ECTION 19 940.198 (2) (c) Whoever intentionally causes bodily harm to an elder person or an adult at risk under circumstances or conditions that are likely to produce great bodily harm is guilty of a Class F felony.
S ECTION 20.
940.198 (3) (a) of the statutes is amended to read:
940.198 (3) (a) Whoever recklessly causes great bodily harm to an elder person or an adult at risk is guilty of a Class E felony.
S ECTION 21.
940.198 (3) (b) of the statutes is amended to read:
940.198 (3) (b) Whoever recklessly causes bodily harm to an elder person or an adult at risk is guilty of a Class I felony.
S ECTION 22.
940.198 (3) (c) of the statutes is amended to read:
940.198 (3) (c) Whoever recklessly causes bodily harm to an elder person or an adult at risk under circumstances or conditions that are likely to produce great bodily harm is guilty of a Class H felony.
S ECTION 23.
940.198 (4) of the statutes is amended to read:
940.198 (4) K NOWLEDGE OF AGE OR AT RISK STATUS NOT REQUIRED .
This section applies irrespective of whether the defendant had actual knowledge of the victim’s age or status as an adult at risk.
A mistake regarding the victim’s age or status as an adult at risk is not a defense to a prosecution under this section.
S ECTION 24.
940.225 (1) (e) of the statutes is created to read:
940.225 (1) (e) Commits a violation under sub.
(2) against an adult at risk, as defined in s.
55.01 (1e)This paragraph applies irrespective of whether the defendant had actual knowledge of the victim’s status as an adult at risk.
A - 2026 Legislature - 7 - LRB-1798/1 MJW:cjs ASSEMBLY BILL 19 S ECTION 24 mistake regarding the victim’s status as an adult at risk is not a defense to a prosecution under this paragraph.
S ECTION 25.
971.109 (title) of the statutes is amended to read:
971.109 (title) Freezing assets of a person charged with financial exploitation of an elder person or an adult at risk.
S ECTION 26.
971.109 (1) (a) of the statutes is renumbered 971.109 (1) (am).
S ECTION 27.
971.109 (1) (ac) of the statutes is created to read:
971.109 (1) (ac) “Adult at risk” has the meaning given in s.
55.01 (1e).
S ECTION 28.
971.109 (2) (a) of the statutes is amended to read:
971.109 (2) (a) If a defendant is charged with a crime that is financial exploitation, the crime involves the taking or loss of property valued at more than $2,500, and the crime victim is an elder person or an adult at risk, a prosecuting attorney may file a petition with the court in which the defendant has been charged to freeze the funds, assets, or property of the defendant in an amount up to 100 percent of the alleged value of funds, assets, or property in the defendant’s pending criminal proceeding for purposes of restitution to the crime victim.
The hearing on the petition may be held ex parte.
The rules of evidence do not apply in a hearing under this paragraph.
S ECTION 29.
971.109 (2) (c) of the statutes is amended to read:
971.109 (2) (c) The court’s order shall prohibit the sale, gifting, transfer, or wasting of the funds, assets, or real or personal property of the elder person or adult at risk that are owned by or vested in the defendant without the express permission of the court.
The court’s order shall be binding upon a financial institution, as - 2026 Legislature - 8 - LRB-1798/1 MJW:cjs ASSEMBLY BILL 19 S ECTION 29 defined in s.
943.80 (2), and any 3rd party that is in possession of the funds, assets, or property.
END )