Wisconsin 2021-2022 Regular Session Status: To Executive 11 R cosponsors

AB 824 — Relating to: battery of a corrections employee by a person in custody and providing a penalty.

Last action — Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

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

This bill died with 2021-2022 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

22 added · 52 removed

Plain-language change summary

The updated version of Bill AB 824 introduces a new provision that increases the penalties for individuals in custody who intentionally cause bodily harm to corrections employees. Specifically, if an inmate attacks a corrections employee, the maximum sentence for that crime will be increased by five years. This change is significant as it aims to better protect corrections employees by ensuring that there are stricter consequences for violent actions committed by those in custody.

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- 2022 LEGISLATURE LRB-4434/1 CMH:skw ASSEMBLY BILL 824 January 7, 2022 - Introduced by Representatives C ALLAHAN , NYDER , BEHNKE , B ORN, BRANDTJEN , DITTRICH, DMING , GUNDRUM , JAMES, KUGLITSCH, M URPHY, P ENTERMAN , PLUMER , ANFELIPPO, SCHRAA, TRANEL and M URSAU , cosponsored by Senators F EYEN, M ARKLEIN, NASS, STROEBEL and C OWLES .
Date of enactment:
Referred to Committee on Corrections.
Assembly Bill 824 Date of publication*:
A N A CT to amend 973.01 (2) (c) 2.
WISCONSIN ACT A N A CT to amend 973.01 (2) (c) 2.
Analysis by the Legislative Reference Bureau Under current law, a person who intentionally causes bodily harm to another person commits the crime of simple battery and is guilty of a Class A misdemeanor.
The people of the state of Wisconsin, represented in 2.
Current law provides greater penalties for persons who intentionally cause bodily harm to certain persons.
Theemployeeisactinginanofficial capacity at the senate and assembly, do enact as follows:
For example, under current law, a person who intentionally causes bodily harm to a probation, extended supervision, and parole agent commits the crime of special circumstances battery and is guilty of a Class H felony.
time of the act or the act is in response to any action taken S ECTION 1.
Current law also increases penalties for battery that results in greater bodily harm.
940.20 (2n) of the statutes is created to in an official capacity.
For instance, if a person intentionally causes great bodily harm, such as a permanent disfigurement, to another, the person commits the crime of aggravated battery and is guilty of a Class E felony.
read:
Under the bill, if a person who is in the custody of DOC commits any type of battery against an employee of DOC, the maximum imprisonment penalty for that level of battery is increased by five years, and, if the person is serving a sentence when the battery is committed, the sentence imposed must run consecutive to the one the person is serving, not concurrent to it.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
- 2022 Legislature - 2 - LRB-4434/1 CMH:skw ASSEMBLY BILL 824 SECTION 1 SECTION 1.
940.20 (2n) of the statutes is created to read:
940.20 (2n) BATTERY TO DEPARTMENT OF CORRECTIONS EMPLOYEE(a) If a person who is in custody, as defined in s.
968.205 (1) (a), intentionally causes bodily harm to an employee of the department of corrections, the maximum term of imprisonment prescribed by law for that crime shall be increased by 5 years if all of the following apply:
1.
At the time of the act, the person in custody knows or should have known that the victim is an employee of the department of corrections.
2.
The employee is acting in an official capacity at the time of the act or the act is in response to any action taken in an official capacity.
973.15 (2) (a), if the penalty enhancer under par.
973.15 (2) (a), if the penalty 940.20 (2n) B ATTERY TO DEPARTMENT OF CORREC - enhancer under par.
(a) could be imposed on a sentence, the sentence, regardless of the length of the term of imprisonment actually imposed, shall run consecutive to any sentence the person is currently serving.
(a) could be imposed on a sentence, TIONS EMPLOYEES.
SECTION 2.
(a) If a person who is in custody, as the sentence, regardless of the length of the term of defined in s.
968.205 (1) (a), intentionally causes bodily harm to an employee of the department of corrections, the imprisonment actually imposed, shall run consecutive to maximum term of imprisonment prescribed by law for any sentence the person is currently serving.
that crime shall be increased by 5 years if all of the fol- SECTION 2.
of the statutes, as affected by 2021 Wisconsin Act 76, is amended to read:
of the statutes, as lowing apply:
973.01(2) (c) 2.
affected by 2021 Wisconsin Act 76, is amended to read:
1.
At the time of the act, the person in custody knows 973.01 (2) (c) 2.
Sections 939.621, 939.623, 939.632, 939.635, 939.645, 940.20 (2n), 946.42 (4), 961.442, 961.46, and 961.49.
Sections 939.621, 939.623, or should have known that the victim is an employee of 939.632, 939.635, 939.645, 940.20 (2n), 946.42 (4), the department of corrections.
(END)
961.442, 961.46, and 961.49.
* Section 991.11ISCONSINSTATUTE:
Effective date of acts.
“Every act and every portion of an act enacted by the legislature over the governor’s partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”
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Action History

  1. Failed to pass notwithstanding the objections of the Governor pursuant to Joint Rule 82

  2. Placed on calendar 5-17-2022 pursuant to Joint Rule 82 (2)(a)

  3. Report vetoed by the Governor on 4-8-2022

  4. Presented to the Governor on 4-4-2022 by directive of the Speaker

  5. Report correctly enrolled on 2-28-2022

  6. Received from Senate concurred in

  7. Ordered immediately messaged

  8. Read a third time and concurred in

  9. Rules suspended

  10. Ordered to a third reading

  11. Read a second time

  12. Placed on calendar 2-22-2022 pursuant to Senate Rule 18(1)

  13. Available for scheduling

  14. Report concurrence recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 2

  15. Executive action taken

  16. Public hearing held

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

  18. Received from Assembly

  19. Ordered immediately messaged

  20. Read a third time and passed, Ayes 58, Noes 34

  21. Rules suspended

  22. Ordered to a third reading

  23. Read a second time

  24. Placed on calendar 1-25-2022 by Committee on Rules

  25. Referred to committee on Rules

  26. Report passage recommended by Committee on Corrections, Ayes 6, Noes 4

  27. Executive action taken

  28. Public hearing held

  29. Read first time and referred to Committee on Corrections

  30. Introduced by Representatives Callahan, Snyder, Behnke, Born, Brandtjen, Dittrich, Edming, Gundrum, James, Kuglitsch, Murphy, Penterman, Plumer, Sanfelippo, Schraa, Tranel and Mursau; cosponsored by Senators Feyen, Marklein, Nass, Stroebel and Cowles

Sponsors

Sponsorship breakdown

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17 sponsors · 0 co-sponsors · 115 not signed on · 19 voted No

Sponsors (17)

Co-sponsors (0)

None.

Not signed on (115)

115 members have not signed on to this bill.

Show all 115 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 58 Yea · 34 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 37200
Democrat 11700
Unaffiliated 201500
Total 583400
% of votes cast 63%37%0%0%
How each member voted (92)
Member Party Vote
BALDEH — Nay
BOWEN — Nay
BRANDTJEN — Yea
BROSTOFF — Nay
CABRAL-GUEVA — Yea
CABRERA — Nay
CONSIDINE — Nay
EDMING — Yea
GOYKE — Nay
HEBL — Nay
HORLACHER — Yea
KATSMA — Yea
KERKMAN — Yea
KUGLITSCH — Yea
LOUDENBECK — Yea
MACCO — Yea
MEYERS — Nay
MOORE OMOKUN — Nay
OHNSTAD — Nay
OLDENBURG — Yea
PETRYK — Yea
PLUMER — Yea
POPE — Nay
RAMTHUN — Yea
RIEMER — Nay
ROZAR — Yea
SCHRAA — Yea
SHANKLAND — Nay
SHELTON — Nay
SKOWRONSKI — Yea
STEINEKE — Yea
TAUCHEN — Yea
VORPAGEL — Yea
VRUWINK — Nay
SPEAKER — Yea
Anderson, Clinton Democrat Nay
Andraca, Deb Democrat Nay
Billings, Jill Democrat Nay
Doyle, Steve Democrat Yea
Drake, Dora Democrat Nay
Emerson, Jodi Democrat Nay
Haywood, Kalan Democrat Nay
Hesselbein, Dianne Democrat Nay
Hong, Francesca Democrat Nay
McGuire, Tip Democrat Nay
Neubauer, Greta Democrat Nay
Ortiz-Velez, Sylvia Democrat Nay
Sinicki, Christine Democrat Nay
Snodgrass, Lee Democrat Nay
Spreitzer, Mark Democrat Nay
Stubbs, Shelia Democrat Nay
Subeck, Lisa Democrat Nay
Vining, Robyn Democrat Nay
Allen, Scott Republican Yea
Armstrong, David Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Duchow, Cindi Republican Yea
Gundrum, Rick Republican Yea
James, Jesse Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
Penterman, William Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Rodriguez, Jessie Republican Nay
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Nay
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

Who sponsors AB 824?
AB 824 is sponsored by Mursau, Jeffrey (Republican), Tranel, Travis (Republican), Schraa, Sanfelippo, Plumer, Penterman, William (Republican), Murphy, David (Republican), Kuglitsch, James, Jesse (Republican), Gundrum, Rick (Republican), Edming, Dittrich, Barbara (Republican), Brandtjen, Born, Mark (Republican), Behnke, Elijah (Republican), Snyder, Patrick (Republican), and Callahan, Calvin (Republican).
What is the current status of AB 824?
This bill died with 2021-2022 Regular Session. It reached “To Executive” 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.
Where can I track AB 824?
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