Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB307 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-2073/1
2	2	CMH:cjs
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 307
5	5	June 9, 2023 - Introduced by Representatives NEUBAUER, CABRERA, SNODGRASS, C.
6	6	ANDERSON, J. ANDERSON, ANDRACA, BARE, BILLINGS, CLANCY, CONSIDINE,
7	7	EMERSON, JOERS, MADISON, PALMERI, RATCLIFF, SHANKLAND, SHELTON, SINICKI,
8	8	STUBBS, SUBECK, VINING, CONLEY, OHNSTAD and ORTIZ-VELEZ, cosponsored by
9	9	Senators CARPENTER, SPREITZER, AGARD, HESSELBEIN, LARSON, ROYS and SMITH.
10	10	Referred to Committee on Criminal Justice and Public Safety.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to renumber and amend 971.15 (2); and to create 939.44 (3), 939.48
13	13	(5m) and 971.15 (2) (b) of the statutes; relating to: eliminating criminal
14	14	defenses of adequate provocation, self-defense, or not guilty by reason of
15	15	mental disease or defect if the claim is based on the victim's gender identity or
16	16	sexual orientation.
17	17	Analysis by the Legislative Reference Bureau
18	18	Current law provides specific defenses to criminal liability. For instance, a
19	19	charge of first-degree intentional homicide may be mitigated to second-degree
20	20	intentional homicide if, at the time of committing the crime, the defendant
21	21	reasonably believes the victim has done something that adequately provokes the
22	22	defendant to lack self-control completely. Another defense is the privilege of
23	23	self-defense under which a person may threaten or intentionally use force against
24	24	another for the purpose of preventing or terminating what the person reasonably
25	25	believes to be an unlawful interference with his or her person by the other person.
26	26	Under this bill, a defendant may not assert adequate provocation or self-defense as
27	27	a defense if the criminal action in question resulted from the discovery of, knowledge
28	28	about, or potential disclosure of the victim's gender identity or expression or sexual
29	29	orientation, including under circumstances in which the victim made a romantic or
30	30	sexual advance without use or threat of force or violence toward the defendant or in
31	31	which the victim dated or had a romantic or sexual relationship with the defendant.
32	32	Under current law, a person is not responsible for criminal conduct if, when the
33	33	person committed the conduct, he or she was suffering from a mental disease or
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38	38	5 - 2 -2023 - 2024 Legislature LRB-2073/1
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40	40	ASSEMBLY BILL 307
41	41	defect so that he or she lacked substantial capacity either to appreciate the
42	42	wrongfulness of the conduct or to conform his or her conduct to the requirements of
43	43	law. To raise this defense, a defendant must plead not guilty by reason of mental
44	44	disease or defect. Then, at the trial, if the defendant is found guilty of the crime, the
45	45	court must determine if the person is not responsible for the crime due to mental
46	46	disease or defect. If the person is found not responsible due to mental disease or
47	47	defect, the person is committed to the Department of Heath Services for treatment
48	48	for a period that varies depending on the severity of the crime. Under this bill,
49	49	mental disease or defect does not include a state that is brought on by or results from
50	50	the discovery of, knowledge about, or potential disclosure of another's gender
51	51	identity or expression or sexual orientation, including under circumstances in which
52	52	the other person made a romantic or sexual advance without use or threat of force
53	53	or violence toward the defendant or in which the other person dated or had a
54	54	romantic or sexual relationship with the defendant.
55	55	The people of the state of Wisconsin, represented in senate and assembly, do
56	56	enact as follows:
57	57	SECTION 1. 939.44 (3) of the statutes is created to read:
58	58	939.44 (3) Provocation is not adequate under this section if it resulted from the
59	59	discovery of, knowledge about, or potential disclosure of the victim's actual or
60	60	perceived gender, gender identity, gender expression, or sexual orientation,
61	61	including under circumstances in which the victim made a romantic or sexual
62	62	advance without use or threat of force or violence towards the defendant or in which
63	63	the defendant and victim dated or had a romantic or sexual relationship.
64	64	SECTION 2. 939.48 (5m) of the statutes is created to read:
65	65	939.48 (5m) A person is not entitled to claim the privilege of self-defense based
66	66	on the discovery of, knowledge about, or potential disclosure of the victim's actual or
67	67	perceived gender, gender identity, gender expression, or sexual orientation,
68	68	including under circumstances in which the victim made a romantic or sexual
69	69	advance without use or threat of force or violence towards the person or in which the
70	70	person and victim dated or had a romantic or sexual relationship.
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87	87	SECTION 3
88	88	ASSEMBLY BILL 307
89	89	SECTION 3. 971.15 (2) of the statutes is renumbered 971.15 (2) (intro.) and
90	90	amended to read:
91	91	971.15 (2) (intro.) As used in this chapter, the terms “mental disease or defect"
92	92	do not include an any of the following:
93	93	(a) An abnormality manifested only by repeated criminal or otherwise
94	94	antisocial conduct.
95	95	SECTION 4. 971.15 (2) (b) of the statutes is created to read:
96	96	971.15 (2) (b) A state brought on by or resulting from the discovery of,
97	97	knowledge about, or potential disclosure of an individual's actual or perceived
98	98	gender, gender identity, gender expression, or sexual orientation, including under
99	99	circumstances in which an individual made a romantic or sexual advance without
100	100	use or threat of force or violence towards the actor or in which the actor and the
101	101	individual dated or had a romantic or sexual relationship.
102	102	SECTION 5.0Initial applicability.
103	103	(1) This act first applies to offenses committed on the effective date of this
104	104	subsection.
105	105	(END)
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