Wisconsin 2019-2020 Regular Session Status: Enacted Bipartisan · 5 R · 1 D cosponsors

AB 17 — Relating to: mandatory period of confinement for homicide by intoxicated use of a vehicle and providing a penalty. (FE)

Last action — Published 11-21-2019

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 08, 2019. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 8 sponsors

    8 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (5 R · 1 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 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.

Bill Text

What changed in the latest version

66 added · 20 removed

Plain-language change summary

The amendment to Assembly Bill 17 changes the mandatory minimum sentence for homicide by intoxicated use of a vehicle from a strict five-year term to allow judges some discretion. Now, if there are compelling reasons, a court can impose a shorter sentence, provided they document their reasoning. This adjustment may allow for more lenient sentencing in certain cases, reflecting the belief that individual circumstances can justify exceptions.

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- 2020 LEGISLATURE LRBa0176/1 CMH:amn&kjf ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 17 May 1, 2019 - Offered by RepresentativROWLEY, SPREITZERand EMERSON.
- 2020 LEGISLATURE LRB-1006/1 CMH:ahe ASSEMBLY BILL 17 February 8, 2019 - Introduced by Representatives O TT, K ERKMAN , SPIROS, W ICHGERS , ANDERSON , G UNDRUM , M URPHY and H UTTON , cosponsored by Senators D ARLING, CRAIG, BERNIERand M ARKLEIN .
At the locations indicated, amend the bill as follows:
Referred to Committee on Criminal Justice and Public Safety.
A N A CT to renumber and amend 940.09 (1c) (a) and 940.09 (1c) (b);
and to create 940.09 (1c) (a) 2.
and 940.09 (1c) (b) 2.
of the statutes;
relating to:
mandatory period of confinement for homicide by intoxicated use of a vehicle and providing a penalty.
Analysis by the Legislative Reference Bureau Under this bill, a person who is convicted of homicide by intoxicated use of a vehicle must be sentenced to a mandatory minimum period of confinement in prison of five years.
The bill creates an exception to the mandatory minimum sentence created in this bill if the decedent was a passenger in the person's car and the court finds that the best interests of the community will be served and that the public will not be harmed.
If the court sentences a person to a period of confinement that is less than the mandatory minimum sentence, the bill requires the court to put its findings in writing.
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.
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:
- 2020 Legislature - 2 - LRB-1006/1 CMH:ahe ASSEMBLY BILL 17 SECTION 1 SECTION 1.
940.09 (1c) (a) of the statutes is renumbered 940.09 (1c) (a) 1.
and amended to read:
940.09 (1c) (a) 1.
Except as provided in par.
(b), a person who violates sub.
(1) is guilty of a Class D felony.
Upon conviction, the court shall impose a bifurcated sentence under s.
973.01 and the term of confinement in prison portion of the bifurcated sentence shall be at least 5 years.
SECTION 2.
940.09 (1c) (a) 2.
of the statutes is created to read:
940.09 (1c) (a) 2.
If a person whose death was caused by the violation was in the vehicle operated by the convicted person at the time of the violation, the court may impose a sentence that is less than the sentence required under subd.
Page 2, line 1:
if the court finds that the best interests of the community will be served and the public will not be harmed, and if the court places its reasons on the record.
delete “renumbered 940.09 (1c) (a) 1.
SECTION 3.
and".
940.09 (1c) (b) of the statutes is renumbered 940.09 (1c) (b) 1.
2.
and amended to read:
Page 2, line 3:
940.09 (1c) (b) 1.
on lines 3 and 15, delete “1.".
A person who violates sub.
3.
(1) is guilty of a Class C felony if the person has one or more prior convictions, suspensions, or revocations, as counted under s.
Page 2, line 6:
343.307 (2).
after “yearsert “except that a court may impose a term of confinement that is less than 5 years if the court finds a compelling reason and places its reason on the record".
Upon conviction, the court shall impose a bifurcated sentence under s.
4.
973.01 and the term of confinement in prison portion of the bifurcated sentence shall be at least 5 years.
Page 2, line 7:
SECTION 4.
delete lines 7 to 12.
940.09 (1c) (b) 2.
Show all 50 changed rows (10 more)
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Latest
5.
of the statutes is created to read:
Page 2, line 13:
940.09 (1c) (b) 2.
delete “renumbered 940.09 (1c) (b) 1.
If a person whose death was caused by the violation was in the vehicle operated by the convicted person at the time of the violation, the court may impose a sentence that is less than the sentence required under subd.
and".
1.
6.
if the court finds that the best interests of the community will be served and the public will not be harmed, and if the court places its reasons on the record.
Page 2, line 19:
LRB-1006/1 - 2020 Legislature - 3 - CMH:ahe SECTION 5 ASSEMBLY BILL 17 SECTION 5.Initial applicability.
after “years" insert “except that a court may impose a term of confinement that is less than 5 years if the court finds a compelling reason and places its reason on the record".
(1) This act first applies to violations committed on the effective date of this subsection, but does not preclude the counting of other convictions, suspensions, or revocations as prior convictions, suspensions, or revocations for purposes of administrative action by the department of transportation or sentencing by a court.
LRBa0176/1 - 2020 Legislature - 2 - CMH:amn&kjf 7.
Page 2, line 20:
delete lines 20 to 25.
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Action History

  1. Published 11-21-2019

  2. Report approved by the Governor on 11-20-2019. 2019 Wisconsin Act 31

  3. Presented to the Governor on 11-14-2019 by directive of the Speaker

  4. Report correctly enrolled on 11-13-2019

  5. Received from Senate concurred in

  6. Ordered immediately messaged

  7. Read a third time and concurred in

  8. Rules suspended

  9. Ordered to a third reading

  10. Read a second time

  11. Placed on calendar 11-5-2019 pursuant to Senate Rule 18(1)

  12. Available for scheduling

  13. Report concurrence recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 0

  14. Executive action taken

  15. Public hearing held

  16. Read first time and referred to committee on Judiciary and Public Safety

  17. Received from Assembly

  18. Ordered immediately messaged

  19. Read a third time and passed

  20. Rules suspended

  21. Ordered to a third reading

  22. Assembly Amendment 1 adopted

  23. Read a second time

  24. Placed on calendar 6-20-2019 by Committee on Rules

  25. Referred to committee on Rules

  26. Report passage as amended recommended by Committee on Criminal Justice and Public Safety, Ayes 10, Noes 0

  27. Report Assembly Amendment 1 adoption recommended by Committee on Criminal Justice and Public Safety, Ayes 10, Noes 0

  28. Representative Rohrkaste added as a coauthor

  29. Executive action taken

  30. Assembly Amendment 2 offered by Representative Ott

  31. Fiscal estimate received

  32. Assembly Amendment 1 offered by Representatives Crowley, Spreitzer and Emerson

  33. Public hearing held

  34. Fiscal estimate received

  35. Fiscal estimate received

  36. Fiscal estimate received

  37. Fiscal estimate received

  38. Representative Skowronski added as a coauthor

  39. Fiscal estimate received

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

  41. Introduced by Representatives Ott, Kerkman, Spiros, Wichgers, Anderson, Gundrum, Murphy and Hutton; cosponsored by Senators Darling, Craig, Bernier and Marklein

Sponsors

Sponsorship breakdown

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8 sponsors · 0 co-sponsors · 124 not signed on

Sponsors (8)

Co-sponsors (0)

None.

Not signed on (124)

124 members have not signed on to this bill.

Show all 124 →

"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.

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Votes

Subjects

public-safety
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Frequently asked questions

Who sponsors AB 17?
AB 17 is sponsored by Ott, Kerkman, Spiros, John (Republican), Wichgers, Chuck (Republican), Murphy, David (Republican), Hutton, Rob (Republican), Gundrum, Rick (Republican), and Anderson, Clinton (Democrat).
What is the current status of AB 17?
This bill has been enacted into law. Introduced February 08, 2019. Enacted.
Where can I track AB 17?
Track AB 17 free on One Click Politics — get push/email alerts when it moves.

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