Relating to: increased penalties for crimes against adults at risk; restraining orders for adults at risk; ...
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SB 15 — Relating to: increased penalties for crimes against adults at risk; restraining orders for adults at risk; freezing assets of a defendant charged with financial exploitation of an adult at risk; sexual assault of an adult at risk; and providing a penalty.
Last action — Failed to pass pursuant to Senate Joint Resolution 1
No card. One bill, free forever — alerts when it moves.
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1Introduced
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2In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill has been introduced in the Senate. Introduced February 05, 2025. It must pass committee before a floor vote.
Next likely step: a committee referral and hearing.
Prognosis
Where this bill stands today.
Odds of enactment
LowHow often bills like it became law.
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Introduced
Current position in the legislative process.
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14 sponsors
1 primary, 13 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (1 R · 1 D) — cross-party backing.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
An Act to renumber 940.198 (1) (a) and 971.109 (1) (a); to renumber and amend 939.623 (1); to amend 343.12 (7) (c) 9j., 813.12 (5b), 813.123 (6g), 813.125 (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 971.109 (2) (c); and 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;
Bill Text
What changed in the latest version
200 added · 37 removedPlain-language change summary
The amendments to Bill SB 15 clarify how crimes against adults at risk and elder persons are treated in terms of penalties. Specifically, the bill previously allowed for increased penalties regardless of whether the offender knew the victim's age for elder crime victims, but now it requires that offenders must have actual knowledge of the victim's status as an adult at risk for the increased penalties to apply. These changes aim to create a clearer legal framework and ensure that those who specifically target vulnerable adults can face stiffer consequences. This matters because it directly affects how justice is administered for crimes against these populations.
- 2026 LEGISLATURE LRBa0064/1LRB-0059/1 MJW:cdcMJW:cjs SENATE AMENDMENT 1, TO SENATE BILL 15 MarchFebruary 11,5, 2025 - OfferedIntroduced by SenatACQUE.SenatACQUE and CARPENTER , cosponsored by Representatives REIBICH, EHNKE , DITTRIC, GUNDRUM , MURPHY , URSAU , T USLER, WICHGERS, ALLEN , DONOVAN , TENORIO and K NODL.
AtReferred theto locationsCommittee indicated,on amendJudiciary theand billPublic asSafety. follows:
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);
XSECTIONand 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 - LRBa0064/1 MJW:cdc victim only if the defendant had actual knowledge that the crime victim is an adult at risk.Y.
2.- 2026 Legislature - 2 - LRB-0059/1 MJW:cjs SENATE BILL 15 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, 14: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 thatshe lineis andguilty endingof witha lineClass 18B andfelony substitute:if the victim is an adult at risk, regardless of whether or not he or she knew the victim’s status as an adult at risk.
XSECTIONFREEZING 23e.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.
940.198The (4)procedure (title)allows a court to freeze the funds, assets, or property of the statutesdefendant isin amendedan amount up to read: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.
940.198This (4)bill (titleNOWLEDGEallows OFthe AGEcourt NOTto REQUIREDapply .the same procedure to freeze or seize assets when the crime victim an adult at risk.
SPHYSICAL ECTIONABUSE 23m.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.
940.198This (4)bill ofapplies thethose statutessame ispenalties renumberedto 940.198physical (4)abuse (a)of andan amendedadult toat read:risk.
940.198INCREASED (4)PENALTIES (a) This sectionbill appliesallows to a crimeterm involvingof animprisonment elderthat personis victimimposed irrespectivefor ofa whethercriminal theconviction defendantto hadbe actualincreased knowledgein oflength if the victim[scrime age.victim was an adult at risk.
AUnder mistakethe regardingbill, thea victim[smaximum ageterm isof notimprisonment aof defenseone toyear aor prosecutionless undermay thisbe section.increased to two years;
Sa ECTIONmaximum 23s.term of imprisonment of one to 10 years may be increased by up to four years;
940.198and (4)a (b)maximum term of theimprisonment statutesof ismore createdthan 10 years may be increased by up to read:six years.
940.198Under (4)the (b)bill, Thisthe sectionterm appliesof toimprisonment amay crimebe involvinglengthened anirrespective adultof atwhether risk victim only if the defendant hadknew actual knowledge that the crime victim iswas an adult at risk.Y.risk.
3.RESTRAINING ORDERS 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.
PageThis 6,bill lineallows 21:an adult at risk who is seeking a domestic violence, individual- at-risk, or harassment restraining order to appear in a court hearing by telephone or live audiovisual means.
deleteBecause thethis materialbill beginningcreates witha Xirrespectivenew ofcrime whetherYor andrevises endinga withpenalty XparagraphYfor onan pageexisting 7,crime, line- 2,2026 andLegislature substitute- Xonly3 if- theLRB-0059/1 defendantMJW:cjs hadSENATE actualBILL knowledge15 thatS ECTION 1 the victimJoint isReview anCommittee adulton atCriminal riskY.Penalties may be requested to prepare a report.
(END)The 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.
Show all 155 changed lines (115 more)
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-0059/1 MJW:cjs SENATE BILL 15 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-0059/1 MJW:cjs SENATE BILL 15 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-0059/1 MJW:cjs SENATE BILL 15 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-0059/1 MJW:cjs SENATE BILL 15 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-0059/1 MJW:cjs SENATE BILL 15 S ECTION 29 defined in s.
943.80 (2), and any 3rd party that is in possession of the funds, assets, or property.
END )
Show all 155 changed rows (115 more)
View plain text versions (2)
- Bill Text View text pdf
- Amended Senate Amendment 1 Current pdf
Compared against current U.S. Code AI-generated reading aid — verify against the official bill.
The bill renumbers and reorganizes the sections concerning increased penalties for crimes against elder persons and adults at risk, specifying knowledge requirements for defendants regarding the victim's status.
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Wis. Stat. § 939.623 (3)
This section applies to a crime involving an elder person crime victim irrespective of whether the defendant had actual knowledge of the crime victim’s age. A mistake regarding the crime victim’s age is not a defense to an increased penalty under this section.→ This section applies to a crime involving an elder person crime victim irrespective of whether the defendant had actual knowledge of the crime victim[s age. A mistake regarding the crime victim[s age is not a defense to an increased penalty under this section.This change renumbers the section and modifies the text format, maintaining the legal meaning.
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This section applies to a crime involving an adult-at-risk crime victim only if the defendant had actual knowledge that the crime victim is an adult at risk.
This addition creates a new subsection explicitly defining the conditions under which adult-at-risk status applies for penalty enhancements.
Action History
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Failed to pass pursuant to Senate Joint Resolution 1
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Senator Smith added as a coauthor
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Representative Subeck added as a cosponsor
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Senate Amendment 2 offered by Senator Jacque
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LRB correction
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Available for scheduling
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Report passage as amended recommended by Committee on Judiciary and Public Safety, Ayes 7, Noes 1
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Report adoption of Senate Amendment 1 recommended by Committee on Judiciary and Public Safety, Ayes 8, Noes 0
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Executive action taken
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Senate Amendment 1 offered by Senator Jacque
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Public hearing held
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Representative Tenorio withdrawn as a cosponsor
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Read first time and referred to Committee on Judiciary and Public Safety
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Introduced by Senators Jacque and Carpenter; cosponsored by Representatives Kreibich, Behnke, Dittrich, Gundrum, Murphy, Mursau, Tusler, Wichgers, Allen, Donovan, Tenorio and Knodl
Sponsors
- Kreibich · Cosponsor
- Behnke · Cosponsor
- Dittrich · Cosponsor
- Gundrum · Cosponsor
- Murphy · Cosponsor
- Mursau · Cosponsor
- Tusler · Cosponsor
- Wichgers · Cosponsor
- Allen · Cosponsor
- Donovan · Cosponsor
- Tenorio · Cosponsor
- Knodl · Cosponsor
- André Jacque · Primary
- Tim Carpenter · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 13 co-sponsors · 118 not signed on
Sponsors (1)
- Jacque, André Republican
Co-sponsors (13)
- Kreibich
- Behnke
- Dittrich
- Gundrum
- Murphy
- Mursau
- Tusler
- Wichgers
- Allen
- Donovan
- Tenorio
- Knodl
- Carpenter, Tim Democrat
Not signed on (118)
118 members have not signed on to this bill.
Show all 118 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- What does SB 15 do?
- An Act to renumber 940.198 (1) (a) and 971.109 (1) (a); to renumber and amend 939.623 (1); to amend 343.12 (7) (c) 9j., 813.12 (5b), 813.123 (6g), 813.125 (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 971.109 (2) (c); and 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;
- Who sponsors SB 15?
- SB 15 is sponsored by Kreibich, Behnke, Dittrich, Gundrum, Murphy, Mursau, Tusler, Wichgers, Allen, Donovan, Tenorio, Knodl, Jacque, André (Republican), and Carpenter, Tim (Democrat).
- What is the current status of SB 15?
- This bill has been introduced in the Senate. Introduced February 05, 2025. It must pass committee before a floor vote.
- Where can I track SB 15?
- Track SB 15 free on One Click Politics — get push/email alerts when it moves.
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