range rat
Regular Member
AB69
LRB-0392/1
PJH::jld::rs2011 - 2012 LEGISLATURE2011 ASSEMBLY BILL 69
Link to Bill History
March 30, 2011 - 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 and Thiesfeldt,
cosponsored by Senators Wanggaard, Leibham, Holperin, Lazich, Cowles,
Olsen, Vukmir, Grothman, Hansen, Galloway, Darling, Harsdorf, Hopper,
Taylor and Moulton. Referred to Committee on Judiciary and Ethics.
Pg1Ln1 An Act to create 895.62 and 939.48 (1m) of the statutes; relating to: the
Pg1Ln2 privilege of self-defense.
____________________________________________________________________________
Analysis by the Legislative Reference Bureau
AB69
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.
AB69
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.
AB69
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.
AB69
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.
____________________________________________________________________________
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB69, s. 1
Pg2Ln1 Section 1. 895.62 of the statutes is created to read:
AB69, s. 1 - continued
Pg2Ln2 895.62 Use of force in response to unlawful and forcible entry into a
Pg2Ln3 residence; civil liability immunity. (1) In this section, "actor" means a person
Pg2Ln4 who uses force that is intended or likely cause death or great bodily harm to another
Pg2Ln5 person.
AB69, s. 1 - continued
Pg2Ln6 (2) Except as provided in sub. (4), an actor is immune from civil liability arising
Pg2Ln7 out of his or her use of force that is intended or likely to cause death or great bodily
Pg2Ln8 harm if the actor reasonably believed that the force was necessary to prevent
Pg2Ln9 imminent death or great bodily harm to himself or herself or to another person and
Pg2Ln10 either of the following applies:
AB69, s. 1 - continued
Pg3Ln1 (a) The person against whom the force was used was in the process of
Pg3Ln2 unlawfully and forcibly entering the actor's residence, the actor was present in the
Pg3Ln3 residence, and the actor knew or had reason to believe that an unlawful and forcible
Pg3Ln4 entry was occurring.
AB69, s. 1 - continued
Pg3Ln5 (b) The person against whom the force was used was in the actor's residence
Pg3Ln6 after unlawfully and forcibly entering it, the actor was present in the residence, and
Pg3Ln7 the actor knew or had reason to believe that the person had unlawfully and forcibly
Pg3Ln8 entered the residence.
AB69, s. 1 - continued
Pg3Ln9 (3) An actor is presumed to have reasonably believed that the force was
Pg3Ln10 necessary to prevent imminent death or great bodily harm to himself or herself or
Pg3Ln11 to another person if either sub. (2) (a) or (b) applies.
AB69, s. 1 - continued
Pg3Ln12 (4) The presumption described in sub. (3) does not apply if any of the following
Pg3Ln13 are true:
AB69, s. 1 - continued
Pg3Ln14 (a) The actor was engaged in a criminal activity or was using his or her
Pg3Ln15 residence to further a criminal activity at the time he or she used the force described
Pg3Ln16 in sub. (2).
AB69, s. 1 - continued
Pg3Ln17 (b) The person against whom the force was used was a peace officer who entered
Pg3Ln18 or attempted to enter the actor's residence in the performance of his or her official
Pg3Ln19 duties. This paragraph applies only if at least one of the following applies:
AB69, s. 1 - continued
Pg3Ln20 1. The officer identified himself or herself to the actor before the force described
Pg3Ln21 in sub. (2) was used by the actor.
AB69, s. 1 - continued
Pg3Ln22 2. The actor knew or reasonably should have known that the person entering
Pg3Ln23 or attempting to enter his or her residence was a peace officer.
AB69, s. 1 - continued
Pg3Ln24 (5) In any civil action, if a court finds that a person is immune from civil liability
Pg3Ln25 under sub. (2), the court shall award the person reasonable attorney fees, costs,
Pg4Ln1 compensation for loss of income, and other costs of the litigation reasonably incurred
Pg4Ln2 by the person.
LRB-0392/1
PJH::jld::rs2011 - 2012 LEGISLATURE2011 ASSEMBLY BILL 69
Link to Bill History
March 30, 2011 - 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 and Thiesfeldt,
cosponsored by Senators Wanggaard, Leibham, Holperin, Lazich, Cowles,
Olsen, Vukmir, Grothman, Hansen, Galloway, Darling, Harsdorf, Hopper,
Taylor and Moulton. Referred to Committee on Judiciary and Ethics.
Pg1Ln1 An Act to create 895.62 and 939.48 (1m) of the statutes; relating to: the
Pg1Ln2 privilege of self-defense.
____________________________________________________________________________
Analysis by the Legislative Reference Bureau
AB69
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.
AB69
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.
AB69
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.
AB69
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.
____________________________________________________________________________
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB69, s. 1
Pg2Ln1 Section 1. 895.62 of the statutes is created to read:
AB69, s. 1 - continued
Pg2Ln2 895.62 Use of force in response to unlawful and forcible entry into a
Pg2Ln3 residence; civil liability immunity. (1) In this section, "actor" means a person
Pg2Ln4 who uses force that is intended or likely cause death or great bodily harm to another
Pg2Ln5 person.
AB69, s. 1 - continued
Pg2Ln6 (2) Except as provided in sub. (4), an actor is immune from civil liability arising
Pg2Ln7 out of his or her use of force that is intended or likely to cause death or great bodily
Pg2Ln8 harm if the actor reasonably believed that the force was necessary to prevent
Pg2Ln9 imminent death or great bodily harm to himself or herself or to another person and
Pg2Ln10 either of the following applies:
AB69, s. 1 - continued
Pg3Ln1 (a) The person against whom the force was used was in the process of
Pg3Ln2 unlawfully and forcibly entering the actor's residence, the actor was present in the
Pg3Ln3 residence, and the actor knew or had reason to believe that an unlawful and forcible
Pg3Ln4 entry was occurring.
AB69, s. 1 - continued
Pg3Ln5 (b) The person against whom the force was used was in the actor's residence
Pg3Ln6 after unlawfully and forcibly entering it, the actor was present in the residence, and
Pg3Ln7 the actor knew or had reason to believe that the person had unlawfully and forcibly
Pg3Ln8 entered the residence.
AB69, s. 1 - continued
Pg3Ln9 (3) An actor is presumed to have reasonably believed that the force was
Pg3Ln10 necessary to prevent imminent death or great bodily harm to himself or herself or
Pg3Ln11 to another person if either sub. (2) (a) or (b) applies.
AB69, s. 1 - continued
Pg3Ln12 (4) The presumption described in sub. (3) does not apply if any of the following
Pg3Ln13 are true:
AB69, s. 1 - continued
Pg3Ln14 (a) The actor was engaged in a criminal activity or was using his or her
Pg3Ln15 residence to further a criminal activity at the time he or she used the force described
Pg3Ln16 in sub. (2).
AB69, s. 1 - continued
Pg3Ln17 (b) The person against whom the force was used was a peace officer who entered
Pg3Ln18 or attempted to enter the actor's residence in the performance of his or her official
Pg3Ln19 duties. This paragraph applies only if at least one of the following applies:
AB69, s. 1 - continued
Pg3Ln20 1. The officer identified himself or herself to the actor before the force described
Pg3Ln21 in sub. (2) was used by the actor.
AB69, s. 1 - continued
Pg3Ln22 2. The actor knew or reasonably should have known that the person entering
Pg3Ln23 or attempting to enter his or her residence was a peace officer.
AB69, s. 1 - continued
Pg3Ln24 (5) In any civil action, if a court finds that a person is immune from civil liability
Pg3Ln25 under sub. (2), the court shall award the person reasonable attorney fees, costs,
Pg4Ln1 compensation for loss of income, and other costs of the litigation reasonably incurred
Pg4Ln2 by the person.
