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...
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