AB 397

Under current law, a person having knowledge of a death must report the death

to law enforcement or a coroner if certain circumstances apply, including: 1) a death

in which there are unexplained, unusual, or suspicious circumstances; 2) a homicide;

3) a suicide; 4) a death due to poisoning; and 5) a death following an accident, whether

the injury is or is not the primary cause of death. A person who fails to report such

a death may be fined up to $1,000 or imprisoned for up to 90 days. Under this bill,

if a child under 18 years of age dies under certain circumstances, the parent,

stepparent, guardian, or legal custodian of the child must report the death to law

enforcement immediately, or as soon as practically possible if immediate reporting

is impossible, after discovering the death unless another person is required to report

the death. A person who violates this requirement is guilty of a Class I felony and

may be subject to a fine of up to $10,000 and imprisonment of up to three years and

six months.

This bill also requires that, if a child is discovered to be missing, the parent,

stepparent, guardian, or legal custodian of the child must report the missing child

to a law enforcement officer within 24 hours if the child is under 13, within 48 hours

if the child is at least 13 but under 16, or within 72 hours if the child is at least 16.

A person who violates this requirement is guilty of a Class A misdemeanor unless

the child suffers bodily harm or death while missing. If the child suffers pain or an

injury such as a broken bone or one that requires stitches, the person is guilty of a

Class H felony. If the child suffers an injury that causes a permanent disfigurement

or results in a permanent or protracted loss or impairment of a bodily function, the

person is guilty of a Class F felony. If the child dies, the person is guilty of a Class

D felony.

This bill also prohibits an unauthorized person from moving the corpse of a

child. A person who violates this prohibition is guilty of a Class F felony. This bill

also specifies that it is a felony to hide or bury a corpse with the intent to collect

Medical Assistance, benefits or services under Wisconsin Works, or food stamps.

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 concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.