LRB-1332/1
PJH:nwn:jf
2009 - 2010 LEGISLATURE
February 17, 2009 - Introduced by Representatives Murtha, Bies, Brooks,
Gunderson, Honadel, Kestell, LeMahieu, Lothian, Nass, A. Ott, Roth,
Spanbauer, Strachota, Townsend, Vos, Vukmir
and Ballweg, cosponsored by
Senators Darling, A. Lasee and Olsen. Referred to Committee on Corrections
and the Courts.
AB71,1,4 1An Act to renumber and amend 940.20 (3); to amend 940.20 (3) (title), 941.39
2(title) and 973.049 (2); and to create 940.20 (3) (a) and 940.20 (3) (b) 1. and 2.
3of the statutes; relating to: contacting, harming, or threatening to harm a
4juror and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, no one may intentionally cause bodily harm to a person that
he or she knows is or was a juror, if the act is motivated by the juror's participation
in a verdict or indictment. Whoever does so is guilty of a Class H felony, and may be
fined not more than $10,000, imprisoned for not more than six years, or both. Under
this bill, a person who intentionally causes or threatens to cause bodily harm to an
individual he or she knows is or was a juror in any criminal or civil proceeding
involving the person, or who intentionally causes or threatens to cause bodily harm
to a member of a juror's family, is guilty of a Class H felony.
Current law also allows a judge, upon sentencing a person for a crime, to
prohibit the person from contacting a victim of the person's crime during any part of
the person's sentence or probation. The bill allows a judge to prohibit a person who
is convicted of a crime from contacting, for any part of the person's sentence or
probation, a juror who served at any proceeding related to the person's crime.
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 concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB71, s. 1 1Section 1. 940.20 (3) (title) of the statutes is amended to read:
AB71,2,22 940.20 (3) (title) Battery or threat to jurors.
AB71, s. 2 3Section 2. 940.20 (3) of the statutes is renumbered 940.20 (3) (b) (intro.) and
4amended to read:
AB71,2,95 940.20 (3) (b) (intro.) Whoever intentionally causes bodily harm or threatens
6to cause bodily harm
to a person who he or she knows or has reason to know is or
7was a grand or petit juror, and by reason of any verdict or indictment assented to by
8the person,
any of the following without the consent of the person injured, is guilty
9of a Class H felony.:
AB71, s. 3 10Section 3. 940.20 (3) (a) of the statutes is created to read:
AB71,2,1211 940.20 (3) (a) In this subsection, "family member" has the meaning given in s.
12940.201 (1) (a).
AB71, s. 4 13Section 4. 940.20 (3) (b) 1. and 2. of the statutes are created to read:
AB71,2,1514 940.20 (3) (b) 1. A person the actor knows or has reason to know is or was a
15grand or petit juror in any criminal or civil proceeding involving the actor.
AB71,2,1716 2. A person the actor knows or has reason to know is a family member of a
17person described in subd. 2.
AB71, s. 5 18Section 5. 941.39 (title) of the statutes is amended to read:
AB71,2,19 19941.39 (title) Victim or; co-actor, or juror contact.
AB71, s. 6 20Section 6. 973.049 (2) of the statutes is amended to read:
AB71,3,8
1973.049 (2) When a court imposes a sentence on an individual or places an
2individual on probation for the conviction of a crime, the court may prohibit the
3individual from contacting victims of, or co-actors in, or jurors who served at any
4proceeding relating to,
a crime considered at sentencing during any part of the
5individual's sentence or period of probation if the court determines that the
6prohibition would be in the interest of public protection. For purposes of the
7prohibition, the court may determine who are the victims of any crime considered at
8sentencing.
AB71,3,99 (End)
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