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Bills · 2015-2016 Regular Session

AB 7

Became law Official bill text Atom feed

Relating to: lesser included homicide crimes.

Court — Procedure Crime and criminals — Homicide or murder

  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

Under current law, a person may be charged with, and prosecuted for, a number

of crimes related to the same conduct. However, a person may only be convicted of

the crime charged or an included crime, but not both. An included crime is generally

a crime that has the same or similar elements as the crime charged but is equally or

less serious, carries the same or a lower penalty, or requires a showing of negligence

or recklessness rather than intent. Current law states that, with regard to a

homicide conviction, an included crime may be "a crime which is a less serious type

of criminal homicide than the one charged."

In

State of Wisconsin v. Patterson,

2010 WI 130, the Wisconsin Supreme Court

held that a less serious type of criminal homicide than the one charged must be

limited to homicide charges that are brought under the statutes proscribing

homicidal acts, and do not include charges that are brought under the statutes

proscribing other acts that may or may not result in the death of another person.

This bill amends the included homicide statute to reflect the holding in the

Patterson

case.

Sponsors

Introduced by: J. Ott (R)

Votes

Assembly: Report Assembly Amendment 1 adoption recommended by Committee on Judiciary, Ayes 9, Noes 0

Passed 9–0 Apr 9, 2015 official source full page

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

Assembly: Report passage as amended recommended by Committee on Judiciary, Ayes 9, Noes 0

Passed 9–0 Apr 9, 2015 official source full page

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

Senate: Report concurrence recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 0

Passed 5–0 Jun 4, 2015 official source full page

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

Full history

  1. Jan 7, 2015 · Assembly

    Introduced by Representative J. Ott

  2. Jan 7, 2015 · Assembly

    Read first time and referred to Committee on Judiciary

  3. Apr 2, 2015 · Assembly

    Assembly Amendment 1 offered by Representative J. Ott

  4. Apr 7, 2015 · Assembly

    Public hearing held

  5. Apr 9, 2015 · Assembly

    Executive action taken

  6. Apr 9, 2015 · Assembly

    Report Assembly Amendment 1 adoption recommended by Committee on Judiciary, Ayes 9, Noes 0

  7. Apr 9, 2015 · Assembly

    Report passage as amended recommended by Committee on Judiciary, Ayes 9, Noes 0

  8. Apr 9, 2015 · Assembly

    Referred to committee on Rules

  9. Apr 9, 2015 · Assembly

    Placed on calendar 4-14-2015 by Committee on Rules

  10. Apr 9, 2015 · Assembly

    LRB correction (Assembly Amendment 1)

  11. Apr 14, 2015 · Assembly

    Read a second time

  12. Apr 14, 2015 · Assembly

    Assembly Amendment 1 adopted

  13. Apr 14, 2015 · Assembly

    Ordered to a third reading

  14. Apr 14, 2015 · Assembly

    Rules suspended

  15. Apr 14, 2015 · Assembly

    Read a third time and passed

  16. Apr 14, 2015 · Assembly

    Ordered immediately messaged

  17. Apr 15, 2015 · Senate

    Received from Assembly

  18. Apr 23, 2015 · Senate

    Read first time and referred to committee on Judiciary and Public Safety

  19. Jun 2, 2015 · Senate

    Public hearing held

  20. Jun 4, 2015 · Senate

    Executive action taken

  21. Jun 4, 2015 · Senate

    Report concurrence recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 0

  22. Jun 4, 2015 · Senate

    Available for scheduling

  23. Oct 19, 2015 · Senate

    Placed on calendar 10-20-2015 pursuant to Senate Rule 18(1)

  24. Oct 20, 2015 · Senate

    Read a second time

  25. Oct 20, 2015 · Senate

    Ordered to a third reading

  26. Oct 20, 2015 · Senate

    Rules suspended

  27. Oct 20, 2015 · Senate

    Read a third time and concurred in

  28. Oct 20, 2015 · Senate

    Ordered immediately messaged

  29. Oct 20, 2015 · Assembly

    Received from Senate concurred in

  30. Oct 22, 2015 · Assembly

    Report correctly enrolled on 10-22-2015

  31. Nov 10, 2015 · Assembly

    Presented to the Governor on 11-10-2015

  32. Nov 11, 2015 · Assembly

    Report approved by the Governor on 11-11-2015. 2015 Wisconsin Act 81

  33. Nov 11, 2015 · Assembly

    Published 11-12-2015