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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 536
October 18, 2023 - Introduced by Representatives DONOVAN, TUSLER, RETTINGER,
ALLEN, BEHNKE, BODDEN, BRANDTJEN, BROOKS, DUCHOW, GOEBEN, GUNDRUM,
MAXEY, MELOTIK, MICHALSKI, MURPHY, O'CONNOR and PENTERMAN, cosponsored
by Senators KNODL, HUTTON, BRADLEY, BALLWEG, JAMES, MARKLEIN and NASS.
Referred to Committee on Criminal Justice and Public Safety.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 346.17 (3) (a), 346.17 (3) (b), 346.17 (3) (c) and 346.17 (3) (d)
of the statutes; relating to: fleeing an officer and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill increases the penalties for fleeing an officer.
Under current law, no operator of a vehicle, after having received a visual or
audible signal from a traffic officer, federal law enforcement officer, or marked or
unmarked police vehicle that the operator knows or reasonably should know is being
operated by a law enforcement officer, may knowingly flee so as to endanger other
vehicles or pedestrians. Under the bill:
1. The penalty for fleeing an officer is increased from a Class I felony to a Class
H felony.
2. The penalty for fleeing an officer and causing bodily harm to another or
damage to the property of another is increased from a Class H felony to a Class G
felony.
3. The penalty for fleeing an officer and causing great bodily harm to another
is increased from a Class F felony to a Class E felony, with a mandatory minimum
of 1.5 years imprisonment.
4. The penalty for fleeing an officer and causing death to another is increased
from a Class E felony to a Class D felony, with a mandatory minimum of 2.5 years
imprisonment.
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ASSEMBLY BILL 536
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:
SECTION 1. 346.17 (3) (a) of the statutes is amended to read:
346.17 (3) (a) Except as provided in par. (b), (c) or (d), any person violating s.
346.04 (3) is guilty of a Class I H felony.
SECTION 2. 346.17 (3) (b) of the statutes is amended to read:
346.17 (3) (b) If the violation results in bodily harm, as defined in s. 939.22 (4),
to another, or causes damage to the property of another, as defined in s. 939.22 (28),
the person is guilty of a Class H G felony.
SECTION 3. 346.17 (3) (c) of the statutes is amended to read:
346.17 (3) (c) If the violation results in great bodily harm, as defined in s. 939.22
(14), to another, the person is guilty of a Class F E felony. The court shall impose
a bifurcated sentence under s. 973.01, and the confinement portion of the bifurcated
sentence imposed on the person shall be not less than one year and 6 months.
SECTION 4. 346.17 (3) (d) of the statutes is amended to read:
346.17 (3) (d) If the violation results in the death of another, the person is guilty
of a Class E D felony. The court shall impose a bifurcated sentence under s. 973.01,
and the confinement portion of the bifurcated sentence imposed on the person shall
be not less than 2 years and 6 months.
SECTION 5.0Initial applicability.
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SECTION 5
ASSEMBLY BILL 536
(1) This act first applies to violations committed on the effective date of this
subsection.
(END)
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