A bill slowly making its way through the state Legislature would make it legal for Wisconsin residents to use deadly force if necessary to protect their homes.
Under current law, someone could break into a home, and if the intruder was injured in the act, the perpetrator could sue the homeowner, said Rep. Amy Sue Vruwink, D-Milladore.
At a Marshfield listening session this week, one of Vruwink's constituents said he had "grave concerns about the way the legislation is written and the potential for abuse."
A bill to allow what is commonly called a Castle Doctrine has been introduced a number of times but failed to become law.
This time, the bill was crafted by a bipartisan committee which included a former judge, Vruwink said.
"They went through it very closely," she said.
Basically, the bill changes Wisconsin law so that when confronted with a person breaking into one's home, "a person has no duty to retreat in their home. If this were to happen on the street, you would have the duty to retreat," Vruwink said.
Marshfield Police Chief Gary Jepson said he agrees with the concept that a home is a person's castle, but deadly force might not be necessary to protect it.
"There are so many 'what ifs' with this," Jepson said. "What if someone breaks into your home and you fear for the safety of your children and use a hammer to incapacitate the person and now they are unconscious. You can't use a hammer and beat them until they are lifeless. ... Or someone had too much to drink, drives to what he thinks is his house but the door won't open so he breaks in. If a person really thought it was a serious danger, then they have a right to protect themselves."
Law enforcement officers are the first responders and often the ones to decide what happened to whom during a crime.
"Every individual situation will be based upon its own merits. It's impossible to establish a rule for every situation," Jepson said. "The first line is the police, and they will be the ones to sort out whether force is responsible or not."
The bill, AB 193, passed the Assembly Personal Privacy committee in October, said committee chairman Rep. Marlin Schneider, D-Wisconsin Rapids. Since then, AB 193 has been in the Assembly Rules Committee.
"There are some members who don't want to vote on it or are antigun or philosophically against the idea of gun violence," Schneider said. "But you ought to be able to defend yourself without fear of reprisal."
Being able to defend oneself shouldn't be a partisan issue, said Rep. Scott Suder, R-Abbotsford.
Having returned from seven months of active duty in Iraq, Suder said he was surprised that the legislation hadn't moved forward to a vote in the Assembly.
"Both parties came together with a reasonable standard for Wisconsin. We agree on this one. This is about allowing the individual to take reasonable actions to protect themselves in their own homes," Suder said.
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