SB357: Bill Text

SB357,220,1 946.11 (1) (intro.) Whoever does the following is guilty of a Class E I felony:

SB357, s. 676 Section 676. 946.12 (intro.) of the statutes is amended to read:

SB357,220,4 946.12 Misconduct in public office. (intro.) Any public officer or public employe who does any of the following is guilty of a Class E I felony:

SB357, s. 677 Section 677. 946.13 (1) (intro.) of the statutes is amended to read:

SB357,220,7 946.13 (1) (intro.) Any public officer or public employe who does any of the following is guilty of a Class E I felony:

SB357, s. 678 Section 678. 946.14 of the statutes is amended to read:

SB357,220,13 946.14 Purchasing claims at less than full value. Any public officer or public employe who in a private capacity directly or indirectly intentionally purchases for less than full value or discounts any claim held by another against the state or a political subdivision thereof or against any public fund is guilty of a Class E I felony.

SB357, s. 679 Section 679. 946.15 (1) of the statutes is amended to read:

SB357,221,3 946.15 (1) Any employer, or any agent or employe of an employer, who induces any person who seeks to be or is employed pursuant to a public contract as defined in s. 66.29 (1) (c) or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) to give up, waive or return any part of the compensation to which that person is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department or local governmental unit, or who reduces the hourly basic rate of pay normally paid to an employe for work on a project on which a prevailing wage rate determination has not been issued under s. 66.293 (3) or (6), 103.49 (3) or 103.50 (3) during a week in which the employe works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class E I felony.

SB357, s. 680 Section 680. 946.15 (3) of the statutes is amended to read:

SB357,221,14 946.15 (3) Any employer or labor organization, or any agent or employe of an employer or labor organization, who induces any person who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under s. 66.293 (3), 103.49 (3) or 103.50 (3) or by a local governmental unit, as defined in s. 66.293 (1) (d), under s. 66.293 (6) to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the person's pay is guilty of a Class E I felony, unless the deduction would be permitted under 29 CFR 3.5 or 3.6 from a person who is working on a project that is subject to 40 USC 276c.

SB357, s. 681 Section 681. 946.31 (1) (intro.) of the statutes is amended to read:

SB357,221,19 946.31 (1) (intro.) Whoever under oath or affirmation orally makes a false material statement which the person does not believe to be true, in any matter, cause, action or proceeding, before any of the following, whether legally constituted or exercising powers as if legally constituted, is guilty of a Class D H felony:

SB357, s. 682 Section 682. 946.32 (1) (intro.) of the statutes is amended to read:

SB357,221,22 946.32 (1) (intro.) Whoever does either of the following is guilty of a Class D H felony:

SB357, s. 683 Section 683. 946.41 (2m) (intro.) of the statutes is amended to read:

SB357,221,25 946.41 (2m) (intro.) Whoever violates sub. (1) under all of the following circumstances is guilty of a Class D H felony:

SB357, s. 684 Section 684. 946.415 (2) (intro.) of the statutes is amended to read:

SB357,222,3 946.415 (2) (intro.) Whoever intentionally does all of the following is guilty of a Class E I felony:

SB357, s. 685 Section 685. 946.42 (3) (intro.) of the statutes is amended to read:

SB357,222,6 946.42 (3) (intro.) A person in custody who intentionally escapes from custody under any of the following circumstances is guilty of a Class D H felony:

SB357, s. 686 Section 686. 946.42 (4) of the statutes is repealed.

SB357, s. 687 Section 687. 946.425 (1) of the statutes is amended to read:

SB357,222,11 946.425 (1) Any person who is subject to a series of periods of imprisonment under s. 973.03 (5) (b) and who intentionally fails to report to the county jail as required under the sentence is guilty of a Class D H felony.

SB357, s. 688 Section 688. 946.425 (1m) (b) of the statutes is amended to read:

SB357,222,16 946.425 (1m) (b) Any person who receives a stay of execution of a sentence of imprisonment of 10 or more days to a county jail under s. 973.15 (8) (a) and who intentionally fails to report to the county jail as required under the sentence is guilty of a Class D H felony.

SB357, s. 689 Section 689. 946.425 (1r) (b) of the statutes is amended to read:

SB357,222,21 946.425 (1r) (b) Any person who is subject to a confinement order under s. 973.09 (4) as the result of a conviction for a felony and who intentionally fails to report to the county jail or house of correction as required under the order is guilty of a Class D H felony.

SB357, s. 690 Section 690. 946.425 (2) of the statutes is repealed.

SB357, s. 691 Section 691. 946.43 (intro.) of the statutes is amended to read:

SB357,223,3 946.43 Assaults by prisoners. (intro.) Any prisoner confined to a state prison or other state, county or municipal detention facility who intentionally does any of the following is guilty of a Class C F felony:

SB357, s. 692 Section 692. 946.44 (1) (intro.) of the statutes is amended to read:

SB357,223,5 946.44 (1) (intro.) Whoever does the following is guilty of a Class D H felony:

SB357, s. 693 Section 693. 946.44 (1g) of the statutes is amended to read:

SB357,223,8 946.44 (1g) Any public officer or public employe who violates sub. (1) (a) or (b) is guilty of a Class C F felony.

SB357, s. 694 Section 694. 946.44 (1m) of the statutes is amended to read:

SB357,223,13 946.44 (1m) Whoever intentionally introduces into an institution where prisoners are detained or transfers to a prisoner any firearm, whether loaded or unloaded, or any article used or fashioned in a manner to lead another person to believe it is a firearm, is guilty of a Class C F felony.

SB357, s. 695 Section 695. 946.47 (1) (intro.) of the statutes is amended to read:

SB357,223,16 946.47 (1) (intro.) Whoever does either of the following is guilty of a Class E I felony:

SB357, s. 696 Section 696. 946.48 (1) of the statutes is amended to read:

SB357,223,21 946.48 (1) Whoever sends, delivers, or causes to be transmitted to another any written or oral communication with intent to induce a false belief that the sender has knowledge of the whereabouts, physical condition, or terms imposed upon the return of a kidnapped or missing person is guilty of a Class D H felony.

SB357, s. 697 Section 697. 946.49 (1) (b) of the statutes is amended to read:

SB357,223,24 946.49 (1) (b) If the offense with which the person is charged is a felony, guilty of a Class D H felony.

SB357, s. 698 Section 698. 946.49 (2) of the statutes is amended to read:

SB357,224,2 946.49 (2) A witness for whom bail has been required under s. 969.01 (3) is guilty of a Class E I felony for failure to appear as provided.

SB357, s. 699 Section 699. 946.50 (5d) of the statutes is created to read:

SB357,224,5 946.50 (5d) A Class F felony, if the person was adjudicated delinquent for committing an act that would be a Class F felony if committed by an adult.

SB357, s. 700 Section 700. 946.50 (5h) of the statutes is created to read:

SB357,224,8 946.50 (5h) A Class G felony, if the person was adjudicated delinquent for committing an act that would be a Class G felony if committed by an adult.

SB357, s. 701 Section 701. 946.50 (5p) of the statutes is created to read:

SB357,224,11 946.50 (5p) A Class H felony, if the person was adjudicated delinquent for committing an act that would be a Class H felony if committed by an adult.

SB357, s. 702 Section 702. 946.50 (5t) of the statutes is created to read:

SB357,224,14 946.50 (5t) A Class I felony, if the person was adjudicated delinquent for committing an act that would be a Class I felony if committed by an adult.

SB357, s. 703 Section 703. 946.60 (1) of the statutes is amended to read:

SB357,224,19 946.60 (1) Whoever intentionally destroys, alters, mutilates, conceals, removes, withholds or transfers possession of a document, knowing that the document has been subpoenaed by a court or by or at the request of a district attorney or the attorney general, is guilty of a Class E I felony.

SB357, s. 704 Section 704. 946.60 (2) of the statutes is amended to read:

SB357,224,25 946.60 (2) Whoever uses force, threat, intimidation or deception, with intent to cause or induce another person to destroy, alter, mutilate, conceal, remove, withhold or transfer possession of a subpoenaed document, knowing that the document has been subpoenaed by a court or by or at the request of a district attorney or the attorney general, is guilty of a Class E I felony.

SB357, s. 705 Section 705. 946.61 (1) (intro.) of the statutes is amended to read:

SB357,225,3 946.61 (1) (intro.) Whoever does any of the following is guilty of a Class D H felony:

SB357, s. 706 Section 706. 946.64 of the statutes is amended to read:

SB357,225,9 946.64 Communicating with jurors. Whoever, with intent to influence any person, summoned or serving as a juror, in relation to any matter which is before that person or which may be brought before that person, communicates with him or her otherwise than in the regular course of proceedings in the trial or hearing of that matter is guilty of a Class E I felony.

SB357, s. 707 Section 707. 946.65 (1) of the statutes is amended to read:

SB357,225,13 946.65 (1) Whoever for a consideration knowingly gives false information to any officer of any court with intent to influence the officer in the performance of official functions is guilty of a Class E I felony.

SB357, s. 708 Section 708. 946.68 (1r) (a) of the statutes is amended to read:

SB357,225,16 946.68 (1r) (a) Except as provided in pars. (b) and (c), whoever sends or delivers to another any document which simulates legal process is guilty of a Class E I felony.

SB357, s. 709 Section 709. 946.68 (1r) (b) of the statutes is amended to read:

SB357,225,19 946.68 (1r) (b) If the document under par. (a) is sent or delivered with intent to induce payment of a claim, the person is guilty of a Class D H felony.

SB357, s. 710 Section 710. 946.68 (1r) (c) of the statutes is amended to read:

SB357,225,22 946.68 (1r) (c) If the document under par. (a) simulates any criminal process, the person is guilty of a Class D H felony.

SB357, s. 711 Section 711. 946.69 (2) (intro.) of the statutes is amended to read:

SB357,225,25 946.69 (2) (intro.) Whoever does any of the following is guilty of a Class E I felony:

SB357, s. 712 Section 712. 946.70 (2) of the statutes is amended to read:

SB357,226,4 946.70 (2) Any person violating sub. (1) with the intent to commit or aid or abet the commission of a crime other than the crime under this section is guilty of a Class D H felony.

SB357, s. 713 Section 713. 946.72 (1) of the statutes is amended to read:

SB357,226,7 946.72 (1) Whoever with intent to injure or defraud destroys, damages, removes or conceals any public record is guilty of a Class D H felony.

SB357, s. 714 Section 714. 946.74 (2) of the statutes is amended to read:

SB357,226,11 946.74 (2) Whoever violates sub. (1) with intent to commit a crime against sexual morality with or upon the inmate of the institution is guilty of a Class D H felony.

SB357, s. 715 Section 715. 946.76 of the statutes is amended to read:

SB357,226,15 946.76 Search warrant; premature disclosure. Whoever discloses prior to its execution that a search warrant has been applied for or issued, except so far as may be necessary to its execution, is guilty of a Class E I felony.

SB357, s. 716 Section 716. 946.82 (4) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB357,227,6 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 200.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (3) (4) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2) or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (b) to (d) (e), 943.201, 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (b), (bm) and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (b), (bm) and (c), 943.60, 943.70, 944.205, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05, 948.08, 948.12 and 948.30.

SB357, s. 717 Section 717. 946.84 (1) of the statutes is amended to read:

SB357,227,9 946.84 (1) Any person convicted of engaging in racketeering activity in violation of s. 946.83 is guilty of a Class C E felony.

SB357, s. 718 Section 718. 946.85 (1) of the statutes, as affected by 1997 Wisconsin Act 283, is amended to read:

SB357,227,16 946.85 (1) Any person who engages in a continuing criminal enterprise shall be imprisoned for not less than 10 years nor more than 30 years, and fined not more than $10,000 or as provided in s. 946.84 (2). If the court imposes a sentence less than the presumptive minimum sentence, it shall place its reasons for doing so on the record is guilty of a Class E felony.

SB357, s. 719 Section 719. 947.013 (1t) of the statutes is amended to read:

SB357,227,21 947.013 (1t) Whoever violates sub. (1r) is guilty of a Class E I felony if the person has a prior conviction under this subsection or sub. (1r), (1v) or (1x) or s. 940.32 (2), (2m), (3) or (3m) involving the same victim and the present violation occurs within 7 years of the prior conviction.

SB357, s. 720 Section 720. 947.013 (1v) of the statutes is amended to read:

SB357,228,2 947.013 (1v) Whoever violates sub. (1r) is guilty of a Class D H felony if he or she intentionally gains access to a record in electronic format that contains personally identifiable information regarding the victim in order to facilitate the violation under sub. (1r).