| 1 | 1 | | LRB-5120/1 |
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| 2 | 2 | | MJW:emw |
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| 3 | 3 | | 2023 - 2024 LEGISLATURE |
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| 4 | 4 | | 2023 ASSEMBLY BILL 727 |
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| 5 | 5 | | December 6, 2023 - Introduced by Representatives RIEMER, SINICKI, C. ANDERSON, |
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| 6 | 6 | | BARE, CONLEY, CONSIDINE, EMERSON, JACOBSON, JOERS, MOORE OMOKUNDE, |
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| 7 | 7 | | OHNSTAD, RATCLIFF, SHELTON, STUBBS, PALMERI and HAYWOOD, cosponsored by |
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| 8 | 8 | | Senators HESSELBEIN, L. JOHNSON, CARPENTER and SPREITZER. Referred to |
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| 9 | 9 | | Committee on Criminal Justice and Public Safety. |
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| 10 | 10 | | ***AUTHORS SUBJECT TO CHANGE*** |
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| 11 | 11 | | AN ACT to amend 973.017 (2) (b); and to create 973.017 (8m) of the statutes; |
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| 12 | 12 | | relating to: considering post-traumatic stress disorder as a mitigating factor |
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| 13 | 13 | | in sentencing certain criminal offenders. |
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| 14 | 14 | | Analysis by the Legislative Reference Bureau |
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| 15 | 15 | | Under current law, when a court makes a sentencing decision concerning a |
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| 16 | 16 | | person convicted of a criminal offense, the court must consider the protection of the |
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| 17 | 17 | | public, the gravity of the offense, the rehabilitative needs of the defendant, and any |
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| 18 | 18 | | applicable mitigating factors or aggravating factors to the crime. This bill creates |
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| 19 | 19 | | a new mitigating factor. Under this bill, when a court makes a sentencing decision |
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| 20 | 20 | | concerning a person who is a military veteran and has been diagnosed as suffering |
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| 21 | 21 | | from post-traumatic stress disorder resulting from the person's military service, the |
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| 22 | 22 | | court may consider that diagnosis as a mitigating factor. |
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| 23 | 23 | | For further information see the state and local fiscal estimate, which will be |
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| 24 | 24 | | printed as an appendix to this bill. |
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| 25 | 25 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 26 | 26 | | enact as follows: |
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| 27 | 27 | | SECTION 1. 973.017 (2) (b) of the statutes is amended to read: |
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| 31 | 31 | | 4 - 2 -2023 - 2024 Legislature LRB-5120/1 |
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| 32 | 32 | | MJW:emw |
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| 33 | 33 | | SECTION 1 ASSEMBLY BILL 727 |
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| 34 | 34 | | 973.017 (2) (b) Any applicable mitigating factors and any applicable |
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| 35 | 35 | | aggravating factors, including the mitigating and aggravating factors specified in |
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| 36 | 36 | | subs. (3) to (8) (8m). |
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| 37 | 37 | | SECTION 2. 973.017 (8m) of the statutes is created to read: |
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| 38 | 38 | | 973.017 (8m) MITIGATING FACTORS; OFFENSES COMMITTED BY A VETERAN. (a) In |
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| 39 | 39 | | this subsection, “veteran" means a person who served in the U.S. armed forces or in |
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| 40 | 40 | | forces incorporated as part of the U.S. armed forces. |
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| 41 | 41 | | (b) When making a sentencing decision concerning a person who is a veteran, |
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| 42 | 42 | | the court may consider as a mitigating factor that the person has been diagnosed as |
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| 43 | 43 | | suffering from post-traumatic stress disorder resulting from his or her military |
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| 44 | 44 | | service. |
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| 45 | 45 | | SECTION 3.0Initial applicability. |
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| 46 | 46 | | (1) This act first applies to offenses committed on the effective date of this |
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| 47 | 47 | | subsection. |
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| 48 | 48 | | (END) |
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