Wisconsin Assembly Bill AB78

Wisconsin 2023-2024 Regular Session

• Introduced: 2/28/23
• Refer: 2/28/23
• 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 terms of legal impact, AB78 amends various statutory sections to ensure that victims who fall under the designation of adults at risk receive the same protections and penalties as elders currently do. This includes the application of harsher penalties for physical abuse and financial exploitation crimes, which would now allow for harsher sentences irrespective of the perpetrator's knowledge of the victim's status as an adult at risk. Additionally, the bill allows courts to freeze the assets of defendants charged with financial exploitation, ensuring that victims have a greater chance of restoring lost property.

Summary

Assembly Bill 78 is a legislative measure designed to increase protections for adults at risk and elders by introducing stricter penalties and procedural updates to state law. The bill defines 'adult at risk' based on existing statutes and applies increased criminal penalties for various offenses committed against this demographic. Specifically, it escalates the classification of sexual misconduct against adults at risk from a second-degree offense to a first-degree sexual assault, thereby aligning its penalties more closely with those of more severe crimes.

Contention

While the bill primarily garners support for enhancing protections for vulnerable populations, it raises significant discussion concerning the implications of defining adults at risk in broader contexts. Critics may argue about the potential for overreach in penalizing individuals without consideration of intent or awareness of the victim's status. Furthermore, the process of permitting victims to attend hearings remotely via telephone or audiovisual means could spark debate surrounding courtroom procedures and the rights of defendants in such cases.