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Bills · 2011-2012 Regular Session

AB 69

Became law Official bill text Atom feed

the privilege of self-defense.

  1. Introduced, completed
  2. Passes Assembly, completed
  3. Passes Senate, completed
  4. Governor signs, completed
  5. Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

In general, a person who uses force in self-defense or in the defense of another

person may not be convicted of a crime stemming from that use of force. This law

applies only when: 1) the amount of force used is reasonable; and 2) the person uses

that force to prevent or stop what he or she reasonably believes is an unlawful

interference with himself or herself or another person, such as the crime of battery.

Current law specifies that a person may use force that is intended or likely to cause

the death of or great bodily harm to another individual only if the person reasonably

believes that using such force is necessary to prevent the imminent death of or great

bodily harm to himself or herself or another person.

Under this bill, if a person used defensive force that was intended or likely to

cause death or great bodily harm, the court must presume that the person reasonably

believed that the force was necessary to prevent death or great bodily harm to himself

or herself or to another person if: 1) the individual against whom the force was used

was in the process of unlawfully and forcibly entering, or had already unlawfully and

forcefully entered, the residence of the person who used the force; 2) the person was

present in that residence; and 3) the person knew or reasonably believed that an

unlawful and forcible entry was occurring or had occurred. This presumption,

however, does not apply if: 1) the person who used the force was engaged in a criminal

activity or was using his or her residence to further a criminal activity; or 2) the

individual against whom the force was used had identified himself or herself as a

peace officer (or was or should have been known to be a peace officer) and was

entering the residence in the performance of his or her official duties.

Under the bill, a person who uses force that is intended or likely to cause death

or great bodily harm is immune from civil liability if the person reasonably believed

that the force was necessary to prevent death or great bodily harm to himself or

herself or to another person and if: 1) the individual against whom the force was used

was in the process of unlawfully and forcibly entering, or had already forcibly

entered, the residence of the person who used the force; 2) the person who used the

force was present in the residence; and 3) the person who used the force knew or had

reason to believe that an unlawful and forcible entry was occurring or had occurred.

Under the bill for purposes of civil immunity, a person is not presumed to have

reasonably believed that the force was necessary if: 1) the person who used the force

was engaged in a criminal activity or was using his or her residence to further a

criminal activity; or 2) the individual against whom the force was used had identified

himself or herself as a peace officer (or was or should have been known to be a peace

officer) and was entering the residence in the performance of his or her official duties.

Under the bill, if a court finds that person who is sued in civil court is immune

from liability, the person is entitled to attorney fees, court costs, compensation for

income loss, and other expenses the person incurred to defend himself or herself

against the civil action.

Sponsors

Introduced by: A. Ott (R) , August (R) , Ballweg (R) , Danou (D) , Farrow (R) , Honadel (R) , Jacque (R) , Kaufert (R) , Kerkman (R) , Kestell (R) , Knodl (R) , Krug (R) , LeMahieu (R) , Litjens (R) , Mursau (R) , Nass (R) , Petrowski (R) , Petryk (R) , Ripp (R) , Spanbauer (R) , Steineke (R) , Strachota (R) , Tauchen (R) , Thiesfeldt (R) , Van Roy (R) , Williams (R) , Ziegelbauer (I)

21 cosponsors

Cowles (R) , Craig (R) , Darling (R) , Galloway (R) , Grothman (R) , Hansen (D) , Harsdorf (R) , Holperin (D) , Hopper (R) , Kedzie (R) , Lasee (R) , Lasee (R) , Lazich (R) , Leibham (R) , Moulton (R) , Murtha and Wynn , Olsen (R) , Taylor (D) , Vinehout (D) , Vukmir (R) , Wanggaard (R)

Votes

Assembly: Report Assembly Amendment 2 to Assembly Substitute Amendment 3 adoption recommended by committee on Judiciary and Ethics, Ayes 8, Noes 0

Passed 8–0 Oct 12, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Report Assembly Substitute Amendment 3 adoption recommended by committee on Judiciary and Ethics, Ayes 6, Noes 2

Passed 6–2 Oct 12, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 4 to Assembly substitute amendment 3 laid on table, Ayes 66, Noes 30

Passed 66–30 Nov 1, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly amendment 5 to Assembly substitute amendment 3 laid on table, Ayes 67, Noes 29

Passed 67–29 Nov 1, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Read a third time and passed, Ayes 71, Noes 24, Paired 2

Passed 71–24 Nov 1, 2011 official source full page

Aye · 71

Not voting · 1

Senate: Vote by which Senate amendment 1 was adopted reconsidered, Ayes 18, Noes 15

Passed 18–15 Nov 3, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Senate amendment 2 laid on table, Ayes 19, Noes 14

Passed 19–14 Nov 3, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

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

Passed 3–2 Nov 3, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Read a third time and concurred in as amended, Ayes 26, Noes 7

Passed 26–7 Nov 3, 2011 official source full page

Full history

  1. Mar 30, 2011 · Assembly

    Introduced by Representatives Kaufert, Mursau, Jacque, LeMahieu, Ziegelbauer, Nass, Kerkman, Williams, Spanbauer, Petryk, Knodl, Petrowski, Kestell, Steineke, August, Litjens, A. Ott, Danou, Tauchen, Krug, Strachota, Ripp, Honadel, Farrow, Thiesfeldt, Van Roy and Ballweg;Cosponsored by Senators Wanggaard, Leibham, Holperin, Lazich, Cowles, Olsen, Vukmir, Grothman, Hansen, Galloway, Darling, Harsdorf, Hopper, Taylor, Moulton and Lasee

  2. Mar 30, 2011 · Assembly

    Read first time and referred to committee on Judiciary and Ethics

  3. Apr 25, 2011 · Assembly

    Representative Van Roy added as a coauthor

  4. Apr 28, 2011 · Assembly

    Representative Ballweg added as a coauthor

  5. May 26, 2011 · Assembly

    Public hearing held

  6. Jun 3, 2011 · Assembly

    Assembly amendment 1 offered by Representative Kaufert

  7. Jun 3, 2011 · Assembly

    Assembly amendment 2 offered by Representative Kaufert

  8. Jun 7, 2011 · Assembly

    Assembly substitute amendment 1 offered by Representative Kaufert

  9. Jun 8, 2011 · Assembly

    Assembly substitute amendment 2 offered by Representative Kaufert

  10. Jul 25, 2011 · Assembly

    Senator Lasee added as a cosponsor

  11. Aug 2, 2011 · Assembly

    Assembly amendment 1 to Assembly substitute amendment 2 offered by Representative Craig

  12. Aug 15, 2011 · Assembly

    Assembly amendment 1 to Assembly substitute amendment 1 offered by Representative Hebl

  13. Aug 15, 2011 · Assembly

    Assembly amendment 2 to Assembly substitute amendment 2 offered by Representative Hebl

  14. Aug 16, 2011 · Assembly

    Assembly substitute amendment 3 offered by Representative Kaufert

  15. Aug 17, 2011 · Assembly

    Assembly amendment 1 to Assembly substitute amendment 3 offered by Representatives Hebl and Staskunas

  16. Aug 17, 2011 · Assembly

    Representative Craig added as a coauthor

  17. Sep 26, 2011 · Assembly

    Assembly amendment 2 to Assembly substitute amendment 3 offered by Representative Kaufert

  18. Sep 29, 2011 · Assembly

    Executive action taken

  19. Oct 12, 2011 · Assembly

    Report Assembly Amendment 2 to Assembly Substitute Amendment 3 adoption recommended by committee on Judiciary and Ethics, Ayes 8, Noes 0

  20. Oct 12, 2011 · Assembly

    Report Assembly Substitute Amendment 3 adoption recommended by committee on Judiciary and Ethics, Ayes 6, Noes 2

  21. Oct 12, 2011 · Assembly

    Report passage as amended recommended by committee on Judiciary and Ethics, Ayes 6, Noes 2

  22. Oct 12, 2011 · Assembly

    Referred to committee on Rules

  23. Oct 25, 2011 · Assembly

    Made a special order of business at 11:01 A.M. on 11-1-2011

  24. Nov 1, 2011 · Assembly

    Read a second time

  25. Nov 1, 2011 · Assembly

    Assembly amendment 2 to Assembly substitute amendment 3 adopted

  26. Nov 1, 2011 · Assembly

    Assembly amendment 3 to Assembly substitute amendment 3 offered by Representatives Suder and August

  27. Nov 1, 2011 · Assembly

    Assembly amendment 3 to Assembly substitute amendment 3 adopted

  28. Nov 1, 2011 · Assembly

    Assembly amendment 4 to Assembly substitute amendment 3 offered by Representatives Young and E. Coggs

  29. Nov 1, 2011 · Assembly

    Assembly amendment 4 to Assembly substitute amendment 3 laid on table, Ayes 66, Noes 30

  30. Nov 1, 2011 · Assembly

    Assembly amendment 5 to Assembly substitute amendment 3 offered by Representatives C. Taylor, Pope-Roberts, Kessler, Pasch, Roys, Seidel, Clark, Ringhand, Zamarripa, Bewley and E. Coggs

  31. Nov 1, 2011 · Assembly

    Assembly amendment 5 to Assembly substitute amendment 3 laid on table, Ayes 67, Noes 29

  32. Nov 1, 2011 · Assembly

    Assembly substitute amendment 3 adopted

  33. Nov 1, 2011 · Assembly

    Representatives Murtha and Wynn added as coauthors

  34. Nov 1, 2011 · Assembly

    Ordered to a third reading

  35. Nov 1, 2011 · Assembly

    Rules suspended

  36. Nov 1, 2011 · Assembly

    Read a third time and passed, Ayes 71, Noes 24, Paired 2

  37. Nov 1, 2011 · Assembly

    Ordered immediately messaged

  38. Nov 2, 2011 · Senate

    Received from Assembly

  39. Nov 2, 2011 · Senate

    Read first time and referred to committee on Senate Organization

  40. Nov 2, 2011 · Senate

    Available for scheduling

  41. Nov 2, 2011 · Senate

    Placed on calendar 11-3-2011 pursuant to Senate Rule 18(1)

  42. Nov 3, 2011 · Senate

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

  43. Nov 3, 2011 · Senate

    Read a second time

  44. Nov 3, 2011 · Senate

    Senate amendment 1 offered by Senators Erpenbach, Hansen, Taylor, Miller, Risser, Carpenter, T. Cullen, King, C. Larson, Holperin and S. Coggs

  45. Nov 3, 2011 · Senate

    Senate amendment 1 adopted

  46. Nov 3, 2011 · Senate

    Vote by which Senate amendment 1 was adopted reconsidered, Ayes 18, Noes 15

  47. Nov 3, 2011 · Senate

    Placed at the foot of the calendar of 11-3-2011

  48. Nov 3, 2011 · Senate

    Senate amendment 2 offered by Senator Risser

  49. Nov 3, 2011 · Senate

    Senate amendment 1 adopted

  50. Nov 3, 2011 · Senate

    Senate amendment 2 laid on table, Ayes 19, Noes 14

  51. Nov 3, 2011 · Senate

    Ordered to a third reading

  52. Nov 3, 2011 · Senate

    Rules suspended

  53. Nov 3, 2011 · Senate

    Senator Kedzie added as a cosponsor

  54. Nov 3, 2011 · Senate

    Senator Vinehout added as a cosponsor

  55. Nov 3, 2011 · Senate

    Read a third time and concurred in as amended, Ayes 26, Noes 7

  56. Nov 3, 2011 · Senate

    Ordered immediately messaged

  57. Nov 3, 2011 · Assembly

    Received from Senate amended and concurred in as amended (Senate amendment 1 adopted)

  58. Nov 3, 2011 · Assembly

    Senate amendment 1 concurred in

  59. Nov 3, 2011 · Assembly

    Action ordered immediately messaged

  60. Nov 10, 2011 · Assembly

    Report correctly enrolled

  61. Dec 5, 2011 · Assembly

    Presented to the Governor on 12-5-2011

  62. Dec 7, 2011 · Assembly

    Report approved by the Governor on 12-7-2011. 2011 Wisconsin Act 94

  63. Dec 12, 2011 · Assembly

    Published 12-20-2011