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State v. Delaney3/4/2003
crime that is not a motor vehicle offense or fish and game law offense or escape.
. William Platz, the author of Wisconsin's criminal code, supports this reading. He commented at the time that one of the features of the habitual offender law as it read in 1949 was to exclude "motor vehicle and fish-and-game laws" from "the operation of this statute."
. The parties agree that Wis. Stat. § 359.12 (1949) underwent only minor changes with the enactment of the 1955 Code. Most relevant to the case at hand, the legislative committee notes to Assembly Bill 100, enacting the criminal code, explain that "the only change" between the former subsection (1) and its counterparts in the current subsections (2) and (3) is that "under the new section fish and game law violations are considered crimes in calculating whether a person is a repeater." The implication is that the status of motor vehicle offenses was to remain the same as it was in the 1949 version--excluded from the operation of the statute.
. I conclude from the clear legislative history that the legislature did not intend to apply the penalty enhancement provisions of Wis. Stat. § 939.62(1) (1999-2000) to further increase an already enhanced penalty for a motor vehicle offense under Wis. Stat. § 346.65(2)(c) (1999-2000).
. For the foregoing reasons, I dissent.
. I am authorized to state that Justice ANN WALSH BRADLEY joins this dissent.
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