EAW:emw
2019 - 2020 LEGISLATURE
March 22, 2019 - Introduced by Joint Legislative Council. Referred to Committee
on Criminal Justice and Public Safety.
AB104,1,3 1An Act to amend 940.203 (3) (intro.), 940.203 (3) (a) and 940.203 (3) (b); and to
2create
940.203 (1) (ab) of the statutes; relating to: battery or threat to an
3officer of the court in a tribal proceeding and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint
Legislative Council's Special Committee on State-Tribal Relations. Under current law,
it is a Class H felony to intentionally cause or threaten to cause bodily harm to the person
or a family member of a guardian ad litem, corporation counsel, or attorney if (a) the
person causing or threatening to cause the harm knows or should have known the person
is a current or former guardian ad litem, corporation counsel, or attorney, or a member
of the current or former guardian ad litem's, corporation counsel's, or attorney's family
and (b) the act or threat is in response to an action taken by the current or former
guardian ad litem, corporation counsel, or attorney in his or her official capacity in a court
proceeding relating to child welfare, juvenile justice, guardianships, protective services,
or an action affecting the family.

This bill provides that a person who intentionally causes or threatens to cause
bodily harm to the person or a family member of an advocate, as defined by the bill, is
guilty of a Class H felony if (a) the person causing or threatening to cause the harm knows
or should have known the person is an advocate or a member of the advocate's family and
(b) the act or threat is in response to an action taken by the advocate in his or her official
capacity in a tribal court proceeding similar to the proceedings described above.
“Advocate” is defined by the bill to mean “an individual who is representing the interests
of a child, the tribe, or another party in a tribal court proceeding.”
AB104,1 1Section 1. 940.203 (1) (ab) of the statutes is created to read:
AB104,2,32 940.203 (1) (ab) “Advocate” means an individual who is representing the
3interests of a child, the tribe, or another party in a tribal court proceeding.
AB104,2 4Section 2. 940.203 (3) (intro.) of the statutes is amended to read:
AB104,2,85 940.203 (3) (intro.) Whoever intentionally causes bodily harm or threatens to
6cause bodily harm to the person or family member of a current or former guardian
7ad litem, corporation counsel, advocate, or attorney under all of the following
8circumstances is guilty of a Class H felony:
AB104,3 9Section 3. 940.203 (3) (a) of the statutes is amended to read:
AB104,2,1310 940.203 (3) (a) At the time of the act or threat, the actor knows or should have
11known that the victim is a current or former guardian ad litem, corporation counsel,
12advocate, or attorney, or a member of the current or former guardian ad litem's,
13corporation counsel's, advocate's, or attorney's family.
AB104,4 14Section 4. 940.203 (3) (b) of the statutes is amended to read:
AB104,2,1815 940.203 (3) (b) The act or threat is in response to an action taken by the current
16or former guardian ad litem, corporation counsel, advocate, or attorney in his or her
17official capacity in a proceeding under ch. 48, 51, 54, 55, 767, 813, or 938 or in a
18similar proceeding in a tribal court
.
AB104,2,1919 (End)
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