Wisconsin Senate Bill SB72

Wisconsin 2023-2024 Regular Session

• Introduced: 2/21/23
• Refer: 2/21/23
• Report Pass: 1/10/24
• Engrossed: 1/16/24
• Refer: 3/14/24
• Failed: 4/15/24

Caption

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.

Impact

In addition to redefining the penalties for sexual misconduct, SB72 allows courts to freeze the assets of defendants charged with the financial exploitation of an adult at risk or an elder person. This provision aims to safeguard the financial interests of victims by ensuring that their potential restitution is not compromised. Furthermore, the bill facilitates the process for adults at risk to seek restraining orders, allowing them to participate in court hearings via telephone or audiovisual means, thereby improving access to justice for those who may face barriers in physically attending court.

Summary

Senate Bill 72 aims to enhance legal protections for adults at risk and the elderly in Wisconsin through various measures. The bill introduces increased penalties for crimes against these vulnerable populations, specifically enhancing penalties for sexual misconduct. If an offender commits a second-degree sexual assault against an adult at risk, it would be classified as a first-degree sexual assault, which carries steeper legal consequences. This approach directly addresses the need for stronger legal measures to deter abuse and exploitation of vulnerable adults.

Contention

Throughout discussions of SB72, points of contention have arisen regarding the balance between enhancing penalties for offenders and ensuring due process for individuals accused of crimes against vulnerable adults. The bill's provisions eliminate the defense of mistaken belief about a victim's status as an adult at risk, which has raised concerns among some legal experts about the implications for fair trials. Critics worry that while the bill seeks to protect the elderly and adults at risk, it may inadvertently affect the rights of individuals accused of offenses, warranting a careful examination of the bill's provisions and their potential impacts.