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Bills from the 2011–12 session

Assembly Bill 397

Failing to report the death of a child or to report a missing child, moving the corpse of a child, hiding a corpse to collect public benefits, and providing penalties

Topics: Children, Coroner, Crime and criminals, Crime and criminals: Felony, Death, Guardian and ward, Legislature: Criminal Penalties, Joint Review Committee on, Police

Became law

The governor signed it on Apr 10, 2012. It's ⁠.

  1. Introduced, passed

    Nov 23, 2011

  2. Committee, passed

    Approved

  3. Assembly vote, passed

    Passed Feb 21, 2012

  4. Senate vote, passed

    Passed Mar 6, 2012

  5. Governor, passed

    Signed

  6. Law, here now

    2011 Wisconsin Act 268

Latest entry in the official record, Apr 12, 2012: “Published 4-23-2012”

Read the bill

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What it does

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

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.

Read the full summary

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.

Who's behind it

34 lawmakers are its ⁠. 26 are Republicans and 8 are Democrats.

12 more lawmakers ⁠.

See all 46 names

Authors (34)

Signed on in support (12)

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There were 4 votes on this bill.

Assembly Committee on Criminal Justice and Corrections vote on an amendment

Passed, 9 to 0 · Feb 16, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report Assembly Amendment 1 adoption recommended by committee on Criminal Justice and Corrections, Ayes 9, Noes 0”. Official record · This vote on its own page

Assembly vote to pass it

Passed, 92 to 2 · Feb 21, 2012 · 5 didn't vote

See how each of the 99 representatives voted

D: Democrat, I: Independent, R: Republican

Yes (92)

No (2)

Didn't vote (5)

Official motion: “Read a third time and passed, Ayes 92, Noes 2”. Official record · This vote on its own page

Senate Committee on Judiciary vote to recommend it

Passed, 5 to 0 · Feb 28, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report concurrence recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 5, Noes 0”. Official record · This vote on its own page

Senate vote

Passed, 3 to 2 · Mar 5, 2012

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2”. Official record · This vote on its own page

What happened

  1. Apr 12, 2012

    The new law was published.

  2. Apr 10, 2012

    The governor signed it. It became 2011 Wisconsin Act 268.

  3. Apr 5, 2012

    Sent to the governor.

  4. Mar 6, 2012

    The Senate passed it too.

  5. Mar 6, 2012

    1 more senator signed on in support.

  6. Mar 5, 2012

    “Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2” (the official wording)

  7. Feb 28, 2012

    The committee voted to recommend passing it, 5 to 0.

  8. Feb 22, 2012

    Sent to the Senate Committee on Judiciary, Utilities, Commerce, and Government Operations.

  9. Feb 22, 2012

    The Senate received it.

  10. Feb 21, 2012

    The Assembly passed it, 92 to 2.

  11. Feb 21, 2012

    The Assembly adopted it.

  12. Feb 16, 2012

    Sent to the Assembly Committee on Rules.

  13. Feb 16, 2012

    The committee voted to recommend passing it, 9 to 0.

  14. Feb 9, 2012

    The committee held a public hearing.

  15. Feb 6, 2012

    1 more representative signed on in support.

  16. Nov 23, 2011

    Sent to the Assembly Committee on Criminal Justice and Corrections.

  17. Nov 23, 2011

    Introduced in the Assembly.

See the official record, word for word
  1. Nov 23, 2011 · Assembly

    Introduced by Representatives Kerkman, Petryk, Pridemore, Endsley, Kleefisch, Spanbauer, Bernier, Petrowski, Bies, Brooks, Clark, E. Coggs, Craig, D. Cullen, Honadel, Jacque, Jorgensen, Kuglitsch, LeMahieu, Mason, Meyer, Mursau, Nass, A. Ott, Petersen, Rivard, Sinicki, Steineke, Strachota, Tranel, Turner, Van Roy, Vos and Vruwink;Cosponsored by Senators Lassa, Carpenter, Jauch, Darling, Holperin, C. Larson, Olsen, Schultz, Wanggaard and Wirch

  2. Nov 23, 2011 · Assembly

    Read first time and referred to committee on Criminal Justice and Corrections

  3. Feb 6, 2012 · Assembly

    Representative Weininger added as a coauthor

  4. Feb 9, 2012 · Assembly

    Public hearing held

  5. Feb 16, 2012 · Assembly

    Executive action taken

  6. Feb 16, 2012 · Assembly

    Assembly amendment 1 offered by committee on Criminal Justice and Corrections

  7. Feb 16, 2012 · Assembly

    Report Assembly Amendment 1 adoption recommended by committee on Criminal Justice and Corrections, Ayes 9, Noes 0

  8. Feb 16, 2012 · Assembly

    Report passage as amended recommended by committee on Criminal Justice and Corrections, Ayes 9, Noes 0

  9. Feb 16, 2012 · Assembly

    Referred to committee on Rules

  10. Feb 16, 2012 · Assembly

    Placed on calendar 2-21-2012 by committee on Rules

  11. Feb 21, 2012 · Assembly

    Read a second time

  12. Feb 21, 2012 · Assembly

    Assembly amendment 1 adopted

  13. Feb 21, 2012 · Assembly

    Ordered to a third reading

  14. Feb 21, 2012 · Assembly

    Rules suspended

  15. Feb 21, 2012 · Assembly

    Read a third time and passed, Ayes 92, Noes 2

  16. Feb 21, 2012 · Assembly

    Ordered immediately messaged

  17. Feb 22, 2012 · Senate

    Received from Assembly

  18. Feb 22, 2012 · Senate

    Read first time and referred to committee on Judiciary, Utilities, Commerce, and Government Operations

  19. Feb 28, 2012 · Senate

    Executive action taken

  20. Feb 28, 2012 · Senate

    Report concurrence recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 5, Noes 0

  21. Feb 28, 2012 · Senate

    Available for scheduling

  22. Mar 5, 2012 · Senate

    Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2

  23. Mar 5, 2012 · Senate

    Placed on calendar 3-6-2012 pursuant to Senate Rule 18(1)

  24. Mar 6, 2012 · Senate

    Senator Hansen added as a cosponsor

  25. Mar 6, 2012 · Senate

    Read a second time

  26. Mar 6, 2012 · Senate

    Ordered to a third reading

  27. Mar 6, 2012 · Senate

    Rules suspended

  28. Mar 6, 2012 · Senate

    Read a third time and concurred in

  29. Mar 6, 2012 · Senate

    Ordered immediately messaged

  30. Mar 6, 2012 · Assembly

    Received from Senate concurred in

  31. Mar 27, 2012 · Assembly

    Report correctly enrolled

  32. Apr 5, 2012 · Assembly

    Presented to the Governor on 4-5-2012

  33. Apr 10, 2012 · Assembly

    Report approved by the Governor on 4-9-2012. 2011 Wisconsin Act 268

  34. Apr 12, 2012 · Assembly

    Published 4-23-2012

Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act

More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote

More in the glossary