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Wisconsin Legislature: SB15: Bill Text
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SB15: Bill Text
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2025 - 2026 LEGISLATURE
LRB-0059/1
MJW:cjs
2025 SENATE BILL 15
February 5, 2025 - Introduced by Senators
Jacque
and
Carpenter
, cosponsored by Representatives
Kreibich
,
Behnke
,
Dittrich
,
Gundrum
,
Murphy
,
Mursau
,
Tusler
,
Wichgers
,
Allen
,
Donovan
,
Tenorio
and
Knodl
. Referred to Committee on Judiciary and Public Safety.
SB15,1,11
1
An Act
to renumber
940.198 (1) (a) and 971.109 (1) (a);
to renumber and
2
amend
939.623 (1);
to amend
343.12 (7) (c) 9j., 813.12 (5b), 813.123 (6g),
3
813.125 (5b), 911.01 (4) (c), 939.623 (title), 939.623 (2) (intro.), 939.623 (3),
4
940.198 (title), 940.198 (1) (b), 940.198 (2) (a), 940.198 (2) (b), 940.198 (2) (c),
5
940.198 (3) (a), 940.198 (3) (b), 940.198 (3) (c), 940.198 (4), 971.109 (title),
6
971.109 (2) (a) and 971.109 (2) (c); and
to create
813.12 (1) (ab), 813.125 (1)
7
(am) 2., 939.623 (1) (b), 940.198 (1) (ag), 940.225 (1) (e) and 971.109 (1) (ac) of
8
the statutes;
relating to:
increased penalties for crimes against adults at risk;
9
restraining orders for adults at risk; freezing assets of a defendant charged
10
with financial exploitation of an adult at risk; sexual assault of an adult at
11
risk; and providing a penalty.
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. 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 an adult at risk, regardless of whether or not he or she knew the victim’s status as an adult at risk.
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. The procedure allows 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.
This bill allows the court to apply the same procedure to freeze or seize assets when the crime victim an adult at risk.
PHYSICAL 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. This bill applies those same penalties to physical abuse of an adult at risk.
INCREASED PENALTIES
This bill allows a term of imprisonment that is imposed for a criminal conviction to be increased in length if the crime victim was an adult at risk. Under the bill, a maximum term of imprisonment of one year or less may be increased to two years; a maximum term of imprisonment of one to 10 years may be increased by up to four years; and a maximum term of imprisonment of more than 10 years may be increased by up to six years. Under the bill, the term of imprisonment may be lengthened irrespective of whether the defendant knew that the crime victim was an adult at risk.
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.
This bill allows 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.
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:
SB15,1
1
Section
1
.
343.12 (7) (c) 9j. of the statutes is amended to read:
SB15,2,3
2
343.12
(7)
(c) 9j. Physical abuse of an elder person
or an adult at risk
under s.
3
940.198 (2).
SB15,2
4
Section
2
.
813.12 (1) (ab) of the statutes is created to read:
SB15,2,5
5
813.12
(1)
(ab) “Adult at risk” has the meaning given in s. 55.01 (1e).
SB15,3
6
Section
3
.
813.12 (5b) of the statutes is amended to read:
SB15,2,9
7
813.12
(5b)
Elder person
or adult-at-risk
petitioner.
If the petitioner is
8
an elder person
or an adult at risk
, the court shall permit the petitioner to
9
participate in hearings under this section by telephone or live audiovisual means.
SB15,4
10
Section
4
.
813.123 (6g) of the statutes is amended to read:
SB15,2,13
11
813.123
(6g)
Elder adult-at-risk
Individual-at-risk
petitioner.
If the
12
petitioner is an
elder adult
individual
at risk, the court shall permit the petitioner
13
to participate in hearings under this section by telephone or live audiovisual means.
SB15,5
14
Section
5
.
813.125 (1) (am) 2. of the statutes is created to read:
SB15,2,15
15
813.125
(1)
(am) 2. “Adult at risk” has the meaning given in s. 55.01 (1e).
SB15,6
16
Section
6
.
813.125 (5b) of the statutes is amended to read:
SB15,2,19
17
813.125
(5b)
Elder person
or adult-at-risk
petitioner.
If the petitioner is
18
an elder person
or an adult at risk
, the court shall permit the petitioner to
19
participate in hearings under this section by telephone or live audiovisual means.
SB15,7
20
Section
7
.
911.01 (4) (c) of the statutes is amended to read:
SB15,3,11
1
911.01
(4)
(c)
Miscellaneous proceedings.
Proceedings for extradition or
2
rendition; sentencing, granting or revoking probation, modification of a bifurcated
3
sentence under s. 302.113 (9g), or adjustment of a bifurcated sentence under s.
4
973.195 (1r) or 973.198; hearings for the freezing of assets of a person charged with
5
financial exploitation of an elder person
or adult at risk
under s. 971.109; issuance
6
of subpoenas or warrants under s. 968.375, arrest warrants, criminal summonses,
7
and search warrants; hearings under s. 980.09 (2); proceedings under s. 971.14 (1r)
8
(c); proceedings with respect to pretrial release under ch. 969 except where habeas
9
corpus is utilized with respect to release on bail or as otherwise provided in ch. 969;
10
or proceedings under s. 165.76 (6) to compel provision of a biological specimen for
11
deoxyribonucleic acid analysis.
SB15,8
12
Section
8
.
939.623 (title) of the statutes is amended to read:
SB15,3,14
13
939.623
(title)
Increased penalty for elder person
or adult-at-risk
14
victims.
SB15,9
15
Section
9
.
939.623 (1) of the statutes is renumbered 939.623 (1) (intro.) and
16
amended to read:
SB15,3,17
17
939.623
(1)
(intro.) In this section
, “elder
:
SB15,3,18
18
(c) “Elder
person” means any individual who is 60 years of age or older.
SB15,10
19
Section
10
.
939.623 (1) (b) of the statutes is created to read:
SB15,3,20
20
939.623
(1)
(b) “Adult at risk” has the meaning given in s. 55.01 (1e).
SB15,11
21
Section
11
.
939.623 (2) (intro.) of the statutes is amended to read:
SB15,4,2
22
939.623
(2)
(intro.) If the crime victim is an elder person
or an adult at risk
,
23
and the present conviction is for any crime for which imprisonment may be
1
imposed, the maximum term of imprisonment prescribed by law for that crime may
2
be increased as follows:
SB15,12
3
Section
12
.
939.623 (3) of the statutes is amended to read:
SB15,4,7
4
939.623
(3)
This section applies irrespective of whether the defendant had
5
actual knowledge of the crime victim’s age
or that the crime victim was an adult at
6
risk at the time of the crime
. A mistake regarding the crime victim’s age
or status
7
as an adult at risk
is not a defense to an increased penalty under this section.
SB15,13
8
Section
13
.
940.198 (title) of the statutes is amended to read:
SB15,4,9
9
940.198
(title)
Physical abuse of an elder person
or an adult at risk
.
SB15,14
10
Section
14
.
940.198 (1) (a) of the statutes is renumbered 940.198 (1) (ar).
SB15,15
11
Section
15
.
940.198 (1) (ag) of the statutes is created to read:
SB15,4,12
12
940.198
(1)
(ag) “Adult at risk” has the meaning given in s. 55.01 (1e).
SB15,16
13
Section
16
.
940.198 (1) (b) of the statutes is amended to read:
SB15,4,16
14
940.198
(1)
(b) “Recklessly” means conduct that creates a situation of
15
unreasonable risk of harm to and demonstrates a conscious disregard for the safety
16
of the
elder
person.
SB15,17
17
Section
17
.
940.198 (2) (a) of the statutes is amended to read:
Down
Down
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true
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proposaltext/2025/REG/SB15
proposaltext/2025/REG/SB15
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