Wisconsin 2019-2020 Regular Session Status: Passed Assembly 13 R cosponsors

AB 480 — Relating to: increased penalties for crimes against elder persons; restraining orders for elder persons; freezing assets of a defendant charged with financial exploitation of an elder person; sexual assault of an elder person; physical abuse of an elder person; and providing a penalty.

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

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  1. ✓
    Introduced
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    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

427 added · 17 removed

Plain-language change summary

The recent changes to Assembly Bill 480 include the addition of new provisions that increase penalties for crimes against elderly individuals and establish mechanisms for freezing the assets of defendants charged with financial crimes against them. Additionally, the bill consolidates and renumbers existing legal clauses related to bodily harm, streamlining how certain offenses are categorized. These amendments matter because they aim to better protect vulnerable elderly populations and ensure that offenders face more significant consequences for their actions.

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- 2020 LEGISLATURE LRBa0852/1 MLJ:amn ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 480 January 9, 2020 - Offered by RepresentativeCGUIRE.
- 2020 LEGISLATURE LRB-3933/1 MLJ:kjf ASSEMBLY BILL 480 September 26, 2019 - Introduced by Representatives MACCO , WITTKE, ALLWEG , BOWEN , BRANDTJEN , DITTRIC, GUNDRUM , KRUG, KULP, M AGNAFIC, MURSAU , N OVAK, PETERSEN, PETRYK, QUINN , TEFFEN , UMMERFIELD , TRANEL, TITTL, ROHRKASTE , EDMING, HORLACHER, PLUMER, JAMES, AMTHUN , SKOWRONSKI and FELZKOWSKI , cosponsored by Senators TESTIN, ARPENTER , BERNIER, NASS, O LSEN, PETROWSKI and W ANGGAARD .
At the locations indicated, amend the bill as follows:
Referred to Committee on Criminal Justice and Public Safety.
1.
A N A CT to renumber 813.125 (1) (am) 1.
Page 9, line 7:
and 813.125 (1) (am) 2.;
after that line insert:
to amend 48.57 (3p) (g) 2., 48.685 (1) (c) 2., 50.065 (1) (e) 1., 103.34 (1) (b) 2., 165.84 (7) (ab) 1., 301.048 (2) (bm) 1.
“SECTION 26j.
a., 302.11 (1g) (a) 2., 303.07 (2), 813.123 (1) (eg), 813.125 (1) (am) (intro.), 895.45 (1) (a), 938.208 (1) (a), 938.34 (4m) (b) 1., 938.355 (2d) (b) 3., 939.62 (2m) (a) 2m.
940.19 (6) (intro.) and (b) of the statutes are consolidated, renumbered 940.19 (6) and amended to read:
b., 939.632 (1) (e) 1., 941.29 (1g) (a), 941.291 (1) (b), 949.03 (1) (b), 968.26 (1b) (a) 2.
940.19 (6) Whoever intentionally causes bodily harm to another by conduct that creates a substantial risk of great bodily harm is guilty of a Class H felony.
a., 969.035 (1), 969.08 (10) (b), 973.01 (2) (c) 2.
A rebuttable presumption of conduct creating a substantial risk of great bodily harm arises:
a., 973.0135 (1) (b) 2., 973.06 (1) (av) 2.
(b) If if the person harmed has a physical disability, whether congenital or acquired by accident, injury or disease, that is discernible by an ordinary person viewing the physically disabled person, or that is actually known by the actor.
a., 973.06 (1) (av) 2.
SECTION 26m.
b., 973.123 (1) and 980.01 (6) (b);
940.19 (6) (a) of the statutes is repealed.”.
and to create 343.12 (7) (c) 9j., 813.12 (1) (ar), 813.12 (5b), 813.123 (6g), 813.125 (1) (am) 3., 813.125 (1) (am) 4.
(intro.), 813.125 (5b), 939.623, 940.198, 940.225 (1) (d) and 971.109 of the statutes;
relating to:
increased penalties for crimes against elder persons;
restraining orders for elder persons;
freezing assets of a defendant charged with financial - 2020 Legislature - 2 - LRB-3933/1 MLJ:kjf ASSEMBLY BILL 480 exploitation of an elder person;
sexual assault of an elder person;
physical abuse of an elder person;
and providing a penalty.
Analysis by the Legislative Reference Bureau SEXUAL ASSAULT OF AN ELDER PERSON 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 60 years of age or older.
Under current law, if a person engages in any of the specified acts of sexual misconduct, he or she is guilty of a Class C felony.
Under the bill, he or she is guilty of a Class B felony if the victim is 60 years of age or older, whether or not he or she knew the victim's age.
PHYSICAL ABUSE OF AN ELDER PERSON This bill creates the crime of physical abuse of an elder person that is modeled after the current law prohibition of physical abuse of a child.
Under the bill, an elder person is anyone who is 60 years of age or older, and a person may be prosecuted irrespective of whether he or she knew the age of the crime victim.
Under the bill, the penalties range from a Class C felony for intentionally causing great bodily harm to a Class I felony for recklessly causing bodily harm.
FREEZING OF ASSETS This bill creates 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.
Under the bill, if a person is charged with a financial exploitation crime, the crime involves property valued at more than $2,500, and the crime victim is at least years old, a prosecuting attorney may file a petition with the court to freeze the funds, assets, or property of the person in an amount up to 100 percent of the alleged value of property involved in the person's pending criminal proceeding for purposes of preserving the property for future payment of restitution to the crime victim.
INCREASED PENALTIES This bill creates a scheme that allows a term of imprisonment that is imposed for a criminal conviction to be increased in length if the crime victim was an elder person.
Under the bill, a maximum term of imprisonment of one year or less may be increased to not more than two years;
a maximum term of imprisonment of more than one year but not more than ten years may be increased by not more than four years;
and a maximum term of imprisonment of more than ten years may be increased by not more than six years.
Under the bill, the term of imprisonment may be lengthened irrespective of whether the defendant knew the age of the crime victim.
RESTRAINING ORDERS FOR AN ELDER PERSON This bill allows an elder person who is seeking a domestic violence, individual-at-risk, or harassment restraining order to appear in a court hearing by LRB-3933/1 - 2020 Legislature - 3 - MLJ:kjf ASSEMBLY BILL 480 telephone or live audiovisual means.
Under the bill, an elder person is anyone who is 60 years old or older.
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.
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.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
S ECTION 1.
48.57 (3p) (g) 2.
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of the statutes is amended to read:
48.57 (3p) (g) 2.
The person has had imposed on him or her a penalty specified in s.
939.64, 1999 stats., or s.
939.641, 1999 stats., or s.
939.6195, 939.62, 939.621, 939.623, 939.63 or 939.645 or has been convicted of a violation of the law of any other state or federal law under circumstances under which the person would be subject to a penalty specified in any of those sections if convicted in this state.
S ECTION 2.
48.685 (1) (c) 2.
of the statutes is amended to read:
48.685 (1) (c) 2.
A violation of s.
940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (4), (5) or (6), 940.198 (2), 940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 942.09 (2), 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (2), 948.215, 948.30, or 948.53.
S ECTION 3.
50.065 (1) (e) 1.
of the statutes is amended to read:
50.065 (1) (e) 1.
“Serious crime" means a violation of s.
940.19 (3), 1999 stats., a violation of s.
940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (4), (5) or (6), 940.198 (2), 940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1), 948.025 or 948.03 (2) (a) or (5) (a) 1., 2., or 3., or a violation of the law of - 2020 Legislature - 4 - LRB-3933/1 MLJ:kjf ASSEMBLY BILL 480 SECTION 3 any other state or United States jurisdiction that would be a violation of s.
940.19 (3), 1999 stats., or a violation of s.
940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (4), (5) or (6), 940.198 (2), 940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1), 948.025 or 948.03 (2) (a) or (5) (a) 1., 2., or 3.
if committed in this state.
SECTION 4.
103.34 (1) (b) 2.
of the statutes is amended to read:
103.34 (1) (b) 2.
A violation of s.
940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, 940.10, 940.19 (2), (4), (5), or (6), 940.198 (2),25 (1), (2), or (3), 940.23, 940.235, 940.24, 940.25, 940.30, 940.302, 940.305, 940.31, 943.02, 943.03, 943.04, 943.10, 943.30, 943.31, 943.32, 944.32, 944.34, 946.10, 948.02 (1) or (2), 948.025, 948.03 (2), (3), or (5) (a) 1., 2., 3., or 4., 948.04, 948.05, 948.051, 948.055, 948.06, 948.07, 948.075, 948.08, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21 (2), 948.215, or 948.30 or of a substantially similar federal law or law of another state.
SECTION 5.
165.84 (7) (ab) 1.
of the statutes is amended to read:
165.84 (7) (ab) 1.
A felony violation of s.
940.01, 940.05, 940.198 (2), 940.21, 940.225 (1), (2), or (3), 940.235, 940.30, 940.302 (2), 940.305, 940.31, 940.32 (2), (2e), or (2m), 940.43, 940.45, 941.20, 941.21, 941.327, 943.02, 943.06, 943.10, 943.23 (1g) or (2), 943.32, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, 948.095, or 948.30 (2).
SECTION 6.
301.048 (2) (bm) 1.
a.
of the statutes is amended to read:
301.048 (2) (bm) 1.
a.
A crime specified in s.
940.19 (3), 1999 stats., s.
940.195 (3), 1999 stats., s.
943.23 (1m), 1999 stats., or s.
943.23 (1r), 1999 stats., or s.
940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (4) or (5), 940.195 (4) or (5), 940.198 (2),0.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, LRB-3933/1 - 2020 Legislature - 5 - MLJ:kjf SECTION 6 ASSEMBLY BILL 480 940.235, 940.285 (2) (a) 1.
or 2., 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2., or 3., 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.30, 943.32, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.
SECTION 7.
302.11 (1g) (a) 2.
of the statutes is amended to read:
302.11 (1g) (a) 2.
Any felony under s.
940.09 (1), 1999 stats., s.
943.23 (1m), 1999 stats., s.
948.35 (1) (b) or (c), 1999 stats., or s.
948.36, 1999 stats., or s.
940.02, 940.03, 940.05, 940.09 (1c), 940.19 (5), 940.195 (5), 940.198 (2),40.225 (1) or (2), 940.305 (2), 940.31 (1) or (2) (b), 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.06, 948.07, 948.08, or 948.30 (2).
SECTION 8.
303.07 (2) of the statutes is amended to read:
303.07 (2) When convicted persons are subject to commitment to the county jail, or to the Wisconsin state prisons under s.
939.62 (1) (a) or 939.623 (2) (a) for a term not exceeding 2 years, the court may instead commit them for equivalent terms to a reforestation camp authorized under sub.
(1).
SECTION 9.
343.12 (7) (c) 9j.
of the statutes is created to read:
343.12 (7) (c) 9j.
Physical abuse of an elder person under s.
940.198 (2).
SECTION 10.
813.12 (1) (ar) of the statutes is created to read:
813.12 (1) (ar) “Elder person” means any individual who is 60 years of age or older.
SECTION 11.
813.12 (5b) of the statutes is created to read:
- 2020 Legislature - 6 - LRB-3933/1 MLJ:kjf ASSEMBLY BILL 480 SECTION 11 813.12 (5b) ELDER PERSON PETITIONERIf the petitioner is an elder person, the court shall permit the petitioner to participate in hearings under this section by telephone or live audiovisual means.
SECTION 12.
813.123 (1) (eg) of the statutes is amended to read:
813.123 (1) (eg) “Harassment" has the meaning given in s.
813.125 (1) (am) 4.
SECTION 13.
813.123 (6g) of the statutes is created to read:
813.123(6g) ELDER ADULT-AT-RISK PETITIONEIf the petitioner is an elder adult at risk, the court shall permit the petitioner to participate in hearings under this section by telephone or live audiovisual means.
SECTION 14.
813.125 (1) (am) (intro.) of the statutes is amended to read:
813.125 (1) (am) (intro.) In this section, “harassment" means any of the following:
SECTION 15.
813.125 (1) (am) 1.
of the statutes is renumbered 813.125 (1) (am) 4.
a.
SECTION 16.
813.125 (1) (am) 2.
of the statutes is renumbered 813.125 (1) (am) 4.
b.
SECTION 17.
813.125 (1) (am) 3.
of the statutes is created to read:
813.125 (1) (am) 3.
“Elder person” means any individual who is 60 years of age or older.
SECTION 18.
813.125 (1) (am) 4.
(intro.) of the statutes is created to read:
813.125 (1) (am) 4.
(intro.) “Harassment” means any of the following:
SECTION 19.
813.125 (5b) of the statutes is created to read:
813.125 (5b) ELDER PERSON PETITIONERIf the petitioner is an elder person, the court shall permit the petitioner to participate in hearings under this section by telephone or live audiovisual means.
LRB-3933/1 - 2020 Legislature - 7 - MLJ:kjf S ECTION 20 ASSEMBLY BILL 480 SECTION 20.
895.45 (1) (a) of the statutes is amended to read:
895.45 (1) (a) “Abusive conduct" means domestic abuse, as defined under s.
49.165 (1) (a), 813.12 (1) (am), or 968.075 (1) (a), harassment, as defined under s.
813.125 (1) (am), sexual exploitation by a therapist under s.
940.22, sexual assault under s.
940.225, child abuse, as defined under s.
813.122 (1) (a), or child abuse under ss.
948.02 to 948.11.
SECTION 21.
938.208 (1) (a) of the statutes is amended to read:
938.208(1) (a) Probable cause exists to believe that the juvenile has committed a delinquent act that would be a felony under s.
940.01, 940.02, 940.03, 940.05, 940.19 (2) to (6), 940.198,21, 940.225 (1), 940.31, 941.20 (3), 943.02 (1), 943.23 (1g), 943.32 (2), 947.013 (1t), (1v) or (1x), 948.02 (1) or (2), 948.025, 948.03, or 948.085 (2), if committed by an adult.
SECTION 22.
938.34 (4m) (b) 1.
of the statutes is amended to read:
938.34 (4m) (b) 1.
The juvenile has committed a delinquent act that would be a felony under s.
940.01, 940.02, 940.03, 940.05, 940.19 (2) to (6), 940.198, 940.225 (1), 940.31, 941.20 (3), 943.02 (1), 943.23 (1g), 943.32 (2), 947.013 (1t), (1v) or (1x), 948.02 (1) or (2), 948.025, 948.03, or 948.085 (2) if committed by an adult.
SECTION 23.
938.355 (2d) (b) 3.
of the statutes is amended to read:
938.355 (2d) (b) 3.
That the parent has committed a violation of s.
940.19 (3), 1999 stats., or s.
940.19 (2), (4), or (5), 940.198 (2) (a) or (3) (a), 940.225 (1) or (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a), (3) (a), or (5) (a) 1., 2., or 3., or 948.085 or a violation of the law of any other state or federal law, if that violation would be a violation of s.
940.19 (2), (4), or (5), 940.198 (2) (a) or (3) (a),2), 948.02 (1) or (2), 948.025, or 948.03 (2) (a), (3) (a), or (5) (a) 1., 2., or 3.
if committed in this state, as evidenced by a final judgment of conviction, and that the violation resulted - 2020 Legislature - 8 - LRB-3933/1 MLJ:kjf ASSEMBLY BILL 480 SECTION 23 in great bodily harm, as defined in s.
939.22 (14), or in substantial bodily harm, as defined in s.
939.22 (38), to the juvenile or another child of the parent.
SECTION 24.
939.62 (2m) (a) 2m.
b.
of the statutes is amended to read:
939.62(2m) (a) 2m.
b.
Any felony under s.
940.09 (1), 1999 stats., s.
943.23 (1m) or (1r), 1999 stats., s.
948.35 (1) (b) or (c), 1999 stats., or s.
948.36, 1999 stats., or s.
940.01, 940.02, 940.03, 940.05, 940.09 (1c), 940.16, 940.19 (5), 940.195 (5), 940.198 (2) (a) or (c), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.06, 948.07, 948.075, 948.08, 948.081, 948.085, or 948.30 (2).
SECTION 25.
939.623 of the statutes is created to read:
939.623 Increased penalty for elder person victims.
(1) In this section, “elder person” means any individual who is 60 years of age or older.
(2) If the crime victim is an elder person, and the present conviction is for any crime for which imprisonment may be imposed, the maximum term of imprisonment prescribed by law for that crime may be increased as follows:
(a) A maximum term of imprisonment of one year or less may be increased to not more than 2 years.
(b) A maximum term of imprisonment of more than one year but not more than 10 years may be increased by not more than 4 years.
(c) A maximum term of imprisonment of more than 10 years may be increased by not more than 6 years.
(3) This section applies 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.
LRB-3933/1 - 2020 Legislature - 9 - MLJ:kjf SECTION 26 ASSEMBLY BILL 480 SECTION 26.
939.632 (1) (e) 1.
of the statutes is amended to read:
939.632 (1) (e) 1.
Any felony under s.
940.01, 940.02, 940.03, 940.05, 940.09 (1c), 940.19 (2), (4) or (5), 940.198 (2) (a) or (c), 940.21, 940.225 (1), (2) or (3), 940.235, 940.305, 940.31, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, or 948.30 (2) or under s.
940.302 (2) if s.
940.302 (2) (a) 1.
b.
applies.
SECTION 27.
940.198 of the statutes is created to read:
940.198 Physical abuse of an elder person.
(1) D EFINITIONS.
In this section:
(a) “Elder person” means any individual who is 60 years of age or older.
(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.
(2) NTENTIONAL CAUSATION OF BODILY HARM.(a) Whoever intentionally causes great bodily harm to an elder person is guilty of a Class C felony.
(b) Whoever intentionally causes bodily harm to an elder person is guilty of a Class H felony.
(c) Whoever intentionally causes bodily harm to an elder person under circumstances or conditions that are likely to produce great bodily harm is guilty of a Class F felony.
(3) RECKLESS CAUSATION OF BODILY HARM.(a) Whoever recklessly causes great bodily harm to an elder person is guilty of a Class E felony.
(b) Whoever recklessly causes bodily harm to an elder person is guilty of a Class I felony.
- 2020 Legislature - 10 - LRB-3933/1 MLJ:kjf ASSEMBLY BILL 480 SECTION 27 (c) Whoever recklessly causes bodily harm to an elder person under circumstances or conditions that are likely to produce great bodily harm is guilty of a Class H felony.
(4) K NOWLEDGE OF AGE NOT REQUIRED.
This section applies irrespective of whether the defendant had actual knowledge of the victim's age.
A mistake regarding the victim's age is not a defense to a prosecution under this section.
SECTION 28.
940.225 (1) (d) of the statutes is created to read:
940.225 (1) (d) Commits a violation under sub.
(2) against an individual who is 60 years of age or older.
This paragraph applies irrespective of whether the defendant had actual knowledge of the victim's age.
A mistake regarding the victim's age is not a defense to a prosecution under this paragraph.
SECTION 29.
941.29 (1g) (a) of the statutes is amended to read:
941.29 (1g) (a) “Violent felony" means any felony under s.
943.23 (1m), 1999 stats., or s.
943.23 (1r), 1999 stats., this section, or s.
940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.198,, 940.201, 940.203, 940.21, 940.225, 940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.2905, 941.292, 941.30, 941.327 (2) (b) 3.
or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.32, 943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.
SECTION 30.
941.291 (1) (b) of the statutes is amended to read:
941.291(1) (b) “Violent felony" means any felony, or the solicitation, conspiracy, or attempt to commit any felony, under s.
943.23 (1m) or (1r), 1999 stats., or s.
940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.198, 940.20, 940.201, 940.203, 940.21, 940.225, 940.23, 940.285 (2), 940.29, 940.295 (3), LRB-3933/1 - 2020 Legislature - 11 - MLJ:kjf S ECTION 30 ASSEMBLY BILL 480 940.30, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.29, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.32, 943.81, 943.82, 943.83, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08, 948.085, or 948.30;
or, if the victim is a financial institution, as defined in s.
943.80 (2), a felony, or the solicitation, conspiracy, or attempt to commit a felony under s.
943.84 (1) or (2).
SECTION 31.
949.03 (1) (b) of the statutes is amended to read:
949.03 (1) (b) The commission or the attempt to commit any crime specified in s.
346.62 (4), 346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, 940.10, 940.19, 940.198, 940.20, 940.201, 940.21, 940.22 (2), 940.225, 940.23, 940.235, 940.24, 940.25, 940.285, 940.29, 940.30, 940.302 (2), 940.305, 940.31, 940.32, 941.327, 942.09, 943.02, 943.03, 943.04, 943.10, 943.20, 943.23 (1g), 943.32, 943.81, 943.86, 943.87, 948.02, 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.075, 948.08, 948.085, 948.09, 948.095, 948.20, 948.21 (1), 948.30 or 948.51.
SECTION 32.
968.26 (1b) (a) 2.
a.
of the statutes is amended to read:
968.26 (1b) (a) 2.
a.
Section 940.04, 940.11, 940.19 (2), (4), (5), or (6), 940.195 (2), (4), (5), or (6), 940.198 (2) (b) or (c) or (3), 940.20, 940.201, 940.203, 940.205, 940.207, 940.208, 940.22 (2), 940.225 (3), 940.29, 940.302 (2) (c), 940.32, 941.32, 941.38 (2), 942.09 (2), 943.10, 943.205, 943.32 (1), 946.43, 946.44, 946.47, 946.48, 948.02 (3), 948.03 (2) (b) or (c), (3), or (4), 948.04, 948.055, 948.095, 948.10 (1) (a), 948.11, 948.13 (2) (a), 948.14, 948.20, 948.23 (1), (2), or (3) (c) 2.
or 3., or 948.30 (1).
SECTION 33.
969.035 (1) of the statutes is amended to read:
- 2020 Legislature - 12 - LRB-3933/1 MLJ:kjf ASSEMBLY BILL 480 SECTION 33 969.035 (1) In this section, “violent crime" means any crime specified in s.
940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.10, 940.19 (5), 940.195 (5), 940.198 (2) (a) or 940.21, 940.225 (1), 940.23, 941.327, 948.02 (1) or (2), 948.025, 948.03, or 948.085.
SECTION 34.
969.08 (10) (b) of the statutes is amended to read:
969.08 (10) (b) “Serious crime" means any crime specified in s.
943.23 (1m), 1999 stats., or s.
943.23 (1r), 1999 stats., or s.
346.62 (4), 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195 (5), 940.198 (2) (a) or (c), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2.
or 3., 940.302 (2), 940.31, 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10, 943.23 (1g), 943.30, 943.32, 943.81, 943.82, 943.83, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.085, or 948.30 or, if the victim is a financial institution, as defined in s.
943.80 (2), a crime under s.
943.84 (1) or (2).
SECTION 35.
971.109 of the statutes is created to read:
971.109 Freezing assets of a person charged with financial exploitation of an elder person.
(1) EFINITIONS.In this section:
(a) “Elder person” means any individual who is 60 years of age or older.
(b) “Financial exploitation” has the meaning given in s.
46.90 (1) (ed).
(2) S EIZURE OF ASSETS.(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, 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 LRB-3933/1 - 2020 Legislature - 13 - MLJ:kjf SECTION 35 ASSEMBLY BILL 480 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 if necessary to prevent additional exploitation of the victim.
(b) If there is a showing of probable cause in the hearing, the court shall issue an order to freeze or seize the funds, assets, or property of the defendant in the amount calculated under par.
(a).
A copy of the order shall be served upon the defendant whose funds, assets, or property has been frozen or seized.
(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 that are owned by or vested in the defendant without the express permission of the court.
(3) RELEASE OF FUNDS.
(a) At any time within 30 days after service of the order under sub.
(2) (b), the defendant or any person claiming an interest in the funds, assets, or property may file a petition to release the funds, assets, or property.
The court shall hold a hearing on the motion within 10 days from the date the motion is filed.
(b) In any proceeding under par.
(a), the state has the burden of proving by a preponderance of the evidence that the defendant used, was using, is about to use, or is intending to use any funds, assets, or property in a way that constitutes or would constitute financial exploitation.
If the court finds that any funds, assets, or property were used, are about to be used, or are intended to be used in a way that constitutes or would constitute financial exploitation, the court shall order the funds, assets, or property frozen or held until further order of the court.
- 2020 Legislature - 14 - LRB-3933/1 MLJ:kjf ASSEMBLY BILL 480 SECTION 35 (4) DISMISSAL OR ACQUITTAL.
If the prosecution of a charge of financial exploitation is dismissed or if a judgment of acquittal is entered, the court shall vacate the order issued under sub.
(2) (b).
SECTION 36.
973.01 (2) (c) 2.
a.
of the statutes is amended to read:
973.01(2) (c) 2.
a.
Sections 939.621, 939.623, 939.632, 939.635, 939.645, 946.42 (4), 961.442, 961.46, and 961.49.
SECTION 37.
973.0135 (1) (b) 2.
of the statutes is amended to read:
973.0135 (1) (b) 2.
Any felony under s.
940.09 (1), 1999 stats., s.
943.23 (1m) or (1r), 1999 stats., s.
948.35 (1) (b) or (c), 1999 stats., or s.
948.36, 1999 stats., s.
940.01, 940.02, 940.03, 940.05, 940.09 (1c), 940.16, 940.19 (5), 940.195 (5), 940.198 (2) (a) or (c), 940.21, 940.225 (1) or (2), 940.305, 940.31, 941.327 (2) (b) 4., 943.02, 943.10 (2), 943.23 (1g), 943.32 (2), 946.43 (1m), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.06, 948.07, 948.075, 948.08, or 948.30 (2).
SECTION 38.
973.06 (1) (av) 2.
a.
of the statutes is amended to read:
973.06 (1) (av) 2.
a.
The defendant was charged under s.
946.41 solely because he or she recanted a report of abusive conduct, including interspousal battery, as described under s.
940.19 or 940.20 (1m), domestic abuse, as defined in s.
49.165 (1) (a), 813.12 (1) (am), or 968.075 (1) (a), harassment, as defined in s.
813.125 (1) (am) 4, sexual exploitation by a therapist under s.
940.22, sexual assault under s.
940.225, child abuse, as defined under s.
813.122 (1) (a), or child abuse under ss.
948.02 to 948.11.
SECTION 39.
973.06 (1) (av) 2.
b.
of the statutes is amended to read:
973.06 (1) (av) 2.
b.
The defendant was a victim of abusive conduct, including interspousal battery, as described under s.
940.19 or 940.20 (1m), domestic abuse, as LRB-3933/1 - 2020 Legislature - 15 - MLJ:kjf SECTION 39 ASSEMBLY BILL 480 defined in s.
49.165 (1) (a), 813.12 (1) (am), or 968.075 (1) (a), harassment, as defined in s.
813.125 (1) (am) 4.xual exploitation by a therapist under s.
940.22, sexual assault under s.
940.225, child abuse, as defined under s.
813.122 (1) (a), or child abuse under ss.
948.02 to 948.11, and he or she was charged under s.
946.41 based on information he or she omitted or false information he or she provided during the course of an investigation into the crime committed against him or her.
S ECTION 40.
973.123 (1) of the statutes is amended to read:
973.123 (1) In this section, “violent felony" means any felony under s.
943.23 (1m), 1999 stats., or s.
943.23 (1r), 1999 stats., or s.
940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.198,0, 940.201, 940.203, 940.21, 940.225, 940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.29, 941.292, 941.30, 941.327 (2) (b) 3.
or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.32, 943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.
S ECTION 41.
980.01 (6) (b) of the statutes is amended to read:
980.01 (6) (b) Any crime specified in s.
940.01, 940.02, 940.03, 940.05, 940.06, 940.19 (2), (4), (5), or (6), 940.195 (4) or (5), 940.198 (2) or (3),, 940.31, 941.32, 943.10, 943.32, or 948.03 that is determined, in a proceeding under s.
980.05 (3) (b), to have been sexually motivated.
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Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Available for scheduling

  3. Read first time and referred to committee on Senate Organization

  4. Received from Assembly

  5. Ordered immediately messaged

  6. Read a third time and passed

  7. Rules suspended

  8. Ordered to a third reading

  9. Assembly Amendment 2 adopted

  10. Assembly Amendment 1 adopted

  11. Read a second time

  12. Placed on calendar 2-11-2020 by Committee on Rules

  13. Referred to committee on Rules

  14. Report passage as amended recommended by Committee on Criminal Justice and Public Safety, Ayes 13, Noes 1

  15. Report Assembly Amendment 2 adoption recommended by Committee on Criminal Justice and Public Safety, Ayes 13, Noes 1

  16. Report Assembly Amendment 1 adoption recommended by Committee on Criminal Justice and Public Safety, Ayes 14, Noes 0

  17. Executive action taken

  18. Assembly Amendment 3 offered by Representative McGuire

  19. Assembly Amendment 2 offered by Representative McGuire

  20. Assembly Amendment 1 offered by Representative McGuire

  21. Public hearing held

  22. Read first time and referred to Committee on Criminal Justice and Public Safety

  23. Introduced by Representatives Macco, Wittke, Ballweg, Bowen, Brandtjen, Dittrich, Gundrum, Krug, Kulp, Magnafici, Mursau, Novak, Petersen, Petryk, Quinn, Steffen, Summerfield, Tranel, Tittl, Rohrkaste, Edming, Horlacher, Plumer, James, Ramthun, Skowronski and Felzkowski; cosponsored by Senators Testin, Carpenter, Bernier, Nass, Olsen, Petrowski and Wanggaard

Sponsors

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27 sponsors · 0 co-sponsors · 105 not signed on

Sponsors (27)

Co-sponsors (0)

None.

Not signed on (105)

105 members have not signed on to this bill.

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Frequently asked questions

Who sponsors AB 480?
AB 480 is sponsored by Macco, Ballweg, Bowen, Brandtjen, Krug, Scott (Republican), Kulp, Magnafici, Mursau, Jeffrey (Republican), Novak, Todd (Republican), Petersen, Kevin (Republican), Dittrich, Barbara (Republican), Wittke, Robert (Republican), Petryk, Quinn, Romaine (Republican), Steffen, David (Republican), Summerfield, Rob (Republican), Tranel, Travis (Republican), Tittl, Paul (Republican), Rohrkaste, Edming, Horlacher, Plumer, James, Ramthun, Skowronski, Felzkowski, Mary (Republican), and Gundrum, Rick (Republican).
What is the current status of AB 480?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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