School Zone Enhancer
Constitutionality

Sec. 939.632, the school zone penalty enhancer, is constitutional.

"The 1,000-foot perimeter is rationally related to the government's interest. One thousand feet is a reasonable distance around schools so as to further the legislature's goal of creating safety zones around our schools. The legislature has clearly concluded that children congregate on or near school premises and are more likely to live near school premises. While one may argue that any number of feet is to some extent arbitrary in that the legislature chose a particular distance, the 1,000-foot perimeter is not patently arbitrary. Moreover, it is rationally related to the government's interest."
"Quintana argues that no legitimate reason exists to punish more severely those who commit battery near a school from those who commit battery away from a school.

However, the legislature desires not only safe playgrounds, but also safe neighborhoods.

As a result, it has attempted to create a safety zone of 1,000 feet, approximately the length of three football fields, around schools. The legislature certainly would not achieve its goal of a safety zone around schools if the increased penalties applied only to violent crimes on school grounds. The benefits of safe school grounds dissipate substantially when the area surrounding the school is plagued with violent crime. This is true regardless of whether that crime occurs inside or outside the home."

"Quintana argues that because the statute has no limitation as to the time of day or a requirement that children actually be present, the public safety goal of the legislation is not achieved. However, the legislature has concluded that a safety zone around schools is desirable, and those advantages do not disappear when the school day is over. It is unreasonable to believe that once the day is over, children cease to benefit from a safety zone around their school."

Affirmed.

2006AP499-CR State v. Quintana

Ziegler, J.

Attorneys: For Appellant: Wren, Christopher G., Madison; Falstad, Jill N., Wausau; Minder, Chad, Wausau; For Respondent: Kerner, William R., Milwaukee

Full Text