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Gundrum pushes strangulation bill

The Wisconsin Legislature has introduced a bipartisan bill that would increase the punishment for attempted strangulation and suffocation crimes.

The new law would raise the penalty for non-fatal strangulation to a Class H felony instead of a misdemeanor. Those found guilty of a Class H felony can be charged a $10,000 fine, imprisoned for up to six years, or both.

"This is … an area of the law where our laws just simply aren't strong enough on the book, especially in domestic violence cases where we see it the most," Rep. Mark Gundrum, R-New Berlin, said. "You'll have an abusive boyfriend or husband actually strangling somebody with their hands, but it's not treated with the kind of severity it would be if it were some other type of abuse. We're making sure that our laws are stronger in this regard."

Gundrum, along with Sen. Julie Lassa, D-Stevens Point, introduced the bill into the Wisconsin Legislature. The Assembly Judiciary Committee has unanimously approved it and the bill is scheduled for a vote on the Assembly floor later this year. The bill has not yet had a committee hearing in the Senate.

Mike Murray, policy specialist for the Wisconsin Coalition Against Sexual Assault, which supports the bill, said in a public hearing earlier this month that there is no opposition to the bill.

"[Strangulation is] something that we hear a lot about from both health service providers and district attorneys as a method of power and control that is used by offenders against victims of sexual assault and domestic violence," Murray said.

According to their website, WCASA "creates the social change necessary to end sexual violence" while working to increase awareness about the issue and encouraging effective intervention. The WCASA, Murray said, also supports the bill because strangulation can lead to other crimes.

"It can be a precursor to homicide. That's how law enforcement and district attorneys see addressing strangulation before the violence escalates — as a sort of homicide prevention," Murray said. "A lot of times when a perpetrator starts to use strangulation, it's usually a pretty good indication that that perpetrator is really going to ramp up the level of violence that he's using against the victim."

According to a statement, the bill also modifies some of the language used in state law.

It expands the term ‘weapon' to include anything used to suffocate or strangle someone. It also includes any bruising on the face or neck caused by strangulation in the meaning of ‘substantial bodily harm,' the release said.

"These changes will strengthen penalties and enable prosecutors to treat instances of non-fatal strangulation or suffocation with the severity they deserve," Lassa said in the statement. "This loophole has allowed batterers to avoid serious penalties for too long."

Gundrum is confident that the bill will pass in both the Senate and the Assembly, but Gov. Jim Doyle has not released a position on the bill yet.

"I have not talked to him about it," Gundrum said. "But I can guarantee you that if it gets to his desk, he'll sign it."