Thursday, April 12, 2012

April 2012 Revisions to Wisconsin Laws on Crime and Criminal Procedure

Governor Walker recently signed a number of bills that will enact significant changes to Wisconsin laws creating crimes, increasing penalties for certain crimes, and altering procedures and rights in criminal cases.  These changes include the following. 

2011 Wisconsin Act 266, passed as Senate Bill 104, requires a person who violates certain restraining orders to be monitored by GPS. Act 266 says that if a person violates a domestic abuse or harassment temporary restraining order, and a court finds that they are more likely than not to cause serious bodily harm to the person who applied for the TRO, then the court can order the person to submit to GPS tracking. Act 266 also requires a $200 surcharge which is to be used to fund the GPS tracking program.  Act 266 has two effective dates. First, the surcharge provision takes effect on July 1, 2013. The GPS tracking program is effective January 1, 2014.
2011 Wisconsin Act 267, passed as Assembly Bill 269, prohibits contacting victims of domestic violence and witnesses in criminal cases.  Act 267 increases the penalty for violations of the 72 hour no contact prohibition in a domestic violence case from the current $1000 civil forfeiture to a misdemeanor.  Act 267 also makes it a Class A misdemeanor to contact a witness in a misdemeanor case, and a Class H felony to contact a witness in a felony case.  Act 267 does not have a specific effective date, so will apply the day after publication – at most 11 days from today.
2011 Wisconsin Act 268, passed as Assembly Bill 397, creates several new criminal penalties for failing to report certain crimes against children. Act 268 is known colloquially as “Caylee’s Law” after the Caylee Anthony death in 2008 in Florida.   Act 268 creates the following crimes and penalties:
  • Class I felony for failing to report the death of a child under 18.
  • Class A misdemeanor for failing to report a missing child within 24 hours if under 13, 48 hours if between 13 and 16, or 72 hours for older than 16.
    • Increase to Class H felony if the child suffers pain or an injury such as a broken bone or stitches
    • Increase to Class F felony if child suffers permanent disfigurement or permanent or protracted loss of bodily function
    • Increase to Class D felony if child dies
Act 268 does not have a specific effective date, so will apply the day after publication – at most 11 days from today.
2011 Wisconsin Act 270, passed as Senate Bill 173, allows, in specific instances, access to law enforcement to certain juvenile court records.  Act 270 allows access to juvenile court records, excluding medical and psychological records, to law enforcement when they are investigating alleged criminal activity.  Act 270 also provides this information, via electronic access to CCAP, for SPD attorneys and staff.  Act 270 does not have a specific effective date, so will apply the day after publication – at most 11 days from today.
2011 Wisconsin Act 271, passed as Senate Bill 536, makes six changes to statutes regarding child pornography and trafficking.
1. Extend the statute of limitations from before the victim reaches 24 years of age to 45 years of age.
2. Makes knowingly accessing child pornography a felony.
3. Allows for the involuntary termination of parental rights if a parent is convicted of trafficking a child
4. Prohibits the introduction of evidence of a witness’s prior sexual contact in child enticement, soliciting a child for prostitution, and sexual intercourse with a child who is age 16 or older crimes.
5. Allows a chief judge to authorize electronic surveillance in sexual exploitation of a child, trafficking of a child, child enticement, use of a computer to facilitate a child sex crime, and soliciting a child for prostitution crimes.
6. Authorizes compensation to victims of sexual exploitation of a child, incest with a child, use of a computer to facilitate a child sex crime, soliciting a child for prostitution, and sexual intercourse with a child who is age 16 or older.
Act 271 does not have a specific effective date, so will apply the day after publication – at most 11 days from today. However, any crime committed but not charged before the expiration of the statute of limitations can be charged under the provisions of Act 271.
2011 Wisconsin Act 272, passed as Assembly Bill 209, creates mandatory minimum prison sentences, with some exceptions, for the following crimes:
1. 5 years for sexual exploitation of a child
2. 5 years for use of a computer to facilitate a child sex crime
3. 3 years for possession of child pornography
There are two exceptions from the minimum incarceration sentence:
1. If the difference in age between the offender and the victim is less than 48 months.
2. Probation in amount less than the mandatory minimum can be ordered by the judge if the court places on the records the lack of risk to the public.
Act 272 does not have a specific effective date, so will apply the day after publication – at most 11 days from today.
2011 Wisconsin Act 273, passed as Senate Bill 127, provides that the sentencing court must consider whether a crime was convicted in the presence of a child as an aggravating factor if the crime involved domestic abuse. Act 273 does not have a specific effective date, so will apply the day after publication – at most 11 days from today.
2011 Wisconsin Act 276, passed as Senate Bill 350, increases the penalty for repeated domestic abuse offenses.  Act 276 allows for a 2 year penalty enhancer if a person commits an act of abuse as newly defined as a “domestic abuse repeater.” Domestic abuse repeater applies if someone is convicted on 2 separate occasions in the prior 10 years of a crime in which the domestic abuse surcharge was imposed and commits a second act of domestic abuse within the 72 hour period following a domestic abuse arrest. Act 276 does not have a specific effective date, so will apply the day after publication – at most 11 days from today.
2011 Wisconsin Act 277, passed as Assembly Bill 217, creates a Class A misdemeanor for impersonating a fire fighter, an emergency medical technician, or a first responder. Act 277 does not have a specific effective date, so will apply the day after publication – at most 11 days from today.