By Kirsten Adshead | Wisconsin Reporter
MADISON — The state Senate on Thursday passed legislation to legally protect homeowners who use deadly force against intruders, but not before including emergency medical technicians and firefighters in the “peace officer” exemptions.
Under the bill, a court in a criminal proceeding against a person who used force that was deadly or likely to cause great bodily harm presumes that person believed that level of force was necessary, if the intruder’s entry was unlawful.
That presumption doesn’t apply if the person who used the force was involved in criminal activity or when peace officers identify themselves as officers and enter a building or vehicle as part of their job.
The Senate amendment, proposed by state
Sen. Jon Erpenbach, D-
Middleton, clarifies that EMTs and firefighters are considered peace officers.
Because the Senate amended the bill after the
Assembly passed it, the Assembly must approve the amended version before
Gov. Scott Walker could consider the bill.
The Assembly emerged from a full afternoon of closed-door party caucuses just before 5:30 p.m. and began debate on a series of bills aimed at decreasing unemployment.
“Finally at long last we have a couple of jobs bills,”
Assembly Minority Leader Peter Barca, D-
Kenosha, said. “There have been far too few bills that have any promise of putting people back to to work now.”
Thursday was the last scheduled legislative day for the year, although lawmakers may return to address legislation on mining-permit changes and a venture capital plan being pushed by the Walker administration.
The deadly force bill had significant support from Democrats,who agreed with the majority party that people should be allowed to defend their homes.
Often called the “castle doctrine” for the notion that “a man’s home is his castle,” the bill passed on a 26-7 vote.
“This is about protecting life, not property,” state Sen. Van Wanggaard, R-Racine, said.
“I vote for this bill as a single parent, as a single woman who is in my home,” state Sen. Lena Taylor, D-Milwaukee, said.
Opponents said the bill’s language is too broad, providing protection for homeowners who use lethal force on, for example, sidewalks and driveways, not just their houses, businesses or vehicles.
They reiterated, too, concerns that the Legislature rapidly is pushing through legislation intended to appease special interests, such as the National Rifle Association, or NRA, nonprofit advocacy organization that seeks to protect the Second Amendment while promoting firearm ownership and self-defense.
“I wish I would see that same sense of urgency from the majority party to deal with jobs,” state
Sen. Jennifer Shilling, D-
La Crosse, said. “I wish I would see that same sense of urgency to deal with worker training and reach across the aisle.”
Jeff Nass, legislative liaison for NRA’s Wisconsin chartered association
Wi-Force, said the organization is just happy the Senate and Assembly approved of the castle doctrine. He said he isn’t bothered by the amendment.
“We feel they (EMTs and firefighters) were covered anyway because of the fact that … they’re (in a dwelling) for a lawful purpose, so anyone who was there for a lawful purpose wouldn’t be involved with the castle doctrine presumption anyway,” Nass said.
Earlier Thursday, the Senate approved a bill moving the fall primary from the second week in September to the second week in August to comply with a federal requirement that gives members of the military and overseas voters 45 days to submit absentee ballots.
Democrats proposed allowing clerks to distribute absentee ballots by email to everyone, but the motion failed 17-16.
The Assembly’s night session was punctuated by debate over signs. Rep.
Fred Kessler, D-
Milwaukee, called for the introduction of a resolution that would allow demonstrators to have signs in the Assembly gallery. Assembly Democrats on the floor said several people were removed Thursday evening and arrested for carrying signs, an action that is prohibited.
“They’re holding pictures of a
Jesus and they’re being removed,” said state Rep.
Mark Pocan, D-Madison said.
Signs included pictures of apple pie, Ronald Reagan and an American flag, according to Assembly members.
State Rep.
Evan Wynn, R-Whitewater, had offered to introduce the resolution but opted not to because he said there wasn’t enough support for the proposal. Fellow Republicans agreed, saying Assembly Speaker
Jeff Fitzgerald, R-Horicon, has offered to bring up the matter at a later time.