Number
041646
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. MCGEE
Title
A substitute ordinance prescribing enhanced forfeitures for violations committed against certain people or property.
Sections
50-15 rn
50-15 cr
50-16 rn
50-17 rn
Analysis
This ordinance provides for enhanced forfeitures for bias-inspired ordinance violations against people or property. The maximum forfeiture for a violation under chapters 105 (public safety), 106 (morals and welfare) or 110 (crimes against property) may be increased by not more than $2,500 if the person committing the violation has selected the person against whom the code violation is committed or selects the property that is damaged or otherwise affected by the violation in whole or in part because of the actor’s belief or perception regarding the race, religion, color, disability, sexual orientation, national origin or ancestry of that person or the owner or occupant of that property, whether or not the actor’s belief or perception was correct.
Body
Whereas, Both s. 62.11(5), Wis. Stats., and s. 4-10, Milwaukee city charter, provide that the Common Council may enact legislation for the government and good order of the city, and the prevention of crime; and
Whereas, The Common Council, pursuant to statutory and charter authority, finds that it is desirable to enhance forfeitures imposed for ordinance violations relating to bias-inspired conduct in that such conduct inflicts greater individual and societal harm, that bias-motivated conduct is more likely to provoke retaliatory action, inflict emotional harms on their victims, and incite community unrest; and that it is reasonable to enhance forfeitures for conduct that is most destructive of the public safety; and
Whereas, Legislation proposed in this file is modeled closely after s. 939.645, Wis. Stats., which was upheld by the United States Supreme Court in 508 U.S. 476; now, therefore, be it
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Sections 50-15 to 50-17 of the code are renumbered 50-16 to 50-18.
Part 2. Section 50-15 of the code is created to read:
50-15. Violations Committed Against Certain People or Property.
1. If a person does all of the following, the forfeiture for the underlying code
violation is increased as provided in sub. 2:
a. Commits a code violation under chs. 105, 106, or 110.
b. Intentionally selects the person against whom the violation under par. a.
is committed or selects the property that is damaged or otherwise affected by the violation under par. a in whole or in part because of the actor’s belief or perception regarding the race, religion , color, disability, sexual orientation, national origin or ancestry of that person or the owner or occupant of that property, whether or not the actor’s belief or perception was correct.
2. If a person commits a violation under sub. 1, the maximum forfeiture may be
increased by not more than $2,500.
3. This section provides for the enhancement of the forfeiture applicable for the underlying code violation. This section shall not apply except upon proof of all the issues specified in sub 1.
4. This section does not apply to any code violation if proof of race, religion, color, disability, sexual orientation, national origin or ancestry or proof of any person’s perception or belief regarding another’s race, religion, color, disability, sexual orientation, national origin or ancestry is required for a conviction for that code violation.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Drafter
LRB05089-3
BJZ/rk
9/12/2005