Wisconsin Legislature: AB1-SSA1-SA2,464,3

12Section 657n. 940.32 (1) (am) of the statutes is created to read:

13 940.32 (1) (am) "Domestic abuse" has the meaning given in s. 813.12 (1) (am).

14Section 657no. 940.32 (1) (ap) of the statutes is created to read:

15 940.32 (1) (ap) "Domestic abuse offense" means an act of domestic abuse that
16constitutes a crime.

17Section 657p. 940.32 (1) (b) of the statutes is renumbered 940.32 (1) (cb) and
18amended to read:

19 940.32 (1) (cb) "Immediate family" "Member of a family" means a spouse,
20parent, child, sibling, or any other person who regularly resides in the household or
21who within the prior 6 months regularly resided in the household who is related by
22blood or adoption to another.

23Section 657q. 940.32 (1) (cd) of the statutes is created to read:

1940.32 (1) (cd) "Member of a household" means a person who regularly resides
2in the household of another or who within the previous 6 months regularly resided
3in the household of another.

4Section 657r. 940.32 (1) (d) of the statutes is repealed.

5Section 657s. 940.32 (2) (intro.) of the statutes is amended to read:

6 940.32 (2) (intro.) Whoever meets all of the following criteria is guilty of a Class
7 A misdemeanor E felony:".

8485. Page 248, line 20: delete lines 20 to 22 and substitute:

9" Section 658b. 940.32 (2) (intro.) of the statutes, as affected by 2001 Wisconsin
10Act .... (this act), is amended to read:

11 940.32 (2) (intro.) Whoever meets all of the following criteria is guilty of a Class
12E I felony:

13Section 658c. 940.32 (2) (a) of the statutes is amended to read:

14 940.32 (2) (a) The actor intentionally engages in a course of conduct directed
15at a specific person that would cause a reasonable person under the same
16circumstances to fear bodily injury to himself or herself or a member of his or her
17immediate family or to fear the death of himself or herself or a member of his or her
18immediate family or household.

19Section 658d. 940.32 (2) (b) of the statutes is amended to read:

20 940.32 (2) (b) The actor has knowledge or should have knowledge intends that
21at least one of the acts that constitute the course of conduct will place the specific
22person will be placed in reasonable fear of bodily injury to himself or herself or a
23member of his or her immediate family or will be placed in reasonable fear of the
24death of himself or herself or a member of his or her immediate family or household.

1Section 658e. 940.32 (2) (c) of the statutes is amended to read:

2 940.32 (2) (c) The actor's acts induce fear in the specific person of bodily injury
3to himself or herself or a member of his or her immediate family or induce fear in the
4specific person of the death of himself or herself or a member of his or her immediate
5family or household.

6Section 658f. 940.32 (2e) of the statutes is created to read:

7 940.32 (2e) Whoever meets all of the following criteria is guilty of a Class E
8felony:

9 (a) After having been convicted of sexual assault under s. 940.225, 948.02, or
10948.025 or a domestic abuse offense, the actor engages in any of the acts listed in sub.
11(1) (a) 1. to 10., if the act is directed at the victim of the sexual assault or the domestic
12abuse offense.

13 (b) The actor intends that the act will place the specific person in reasonable
14fear of bodily injury to or the death of himself or herself or a member of his or her
15family or household.

16 (c) The actor's act induces fear in the specific person of bodily injury to or the
17death of himself or herself or a member of his or her family or household.

18Section 658g. 940.32 (2e) (intro.) of the statutes, as created by 2001 Wisconsin
19Act .... (this act), is amended to read:

20 940.32 (2e) (intro.) Whoever meets all of the following criteria is guilty of a
21Class E I felony:

22Section 658h. 940.32 (2m) of the statutes is renumbered 940.32 (2m) (intro.)
23and amended to read:

24 940.32 (2m) (intro.) Whoever violates sub. (2) is guilty of a Class D felony if he
25or she any of the following applies:

1(c) The actor intentionally gains access or causes another person to gain access
2to a record in electronic format that contains personally identifiable information
3regarding the victim in order to facilitate the violation under sub. (2).".

4486. Page 248, line 23: delete the material beginning with that line and
5ending on page 249, line 2, and substitute:

6" Section 659b. 940.32 (2m) (intro.) of the statutes, as affected by 2001
7Wisconsin Act .... (this act), is amended to read:

8 940.32 (2m) (intro.) Whoever violates sub. (2) is guilty of a Class D H felony if
9any of the following applies:

10Section 659c. 940.32 (2m) (a) of the statutes is created to read:

11 940.32 (2m) (a) The actor has a previous conviction for a violent crime, as
12defined in s. 939.632 (1) (e) 1., or a previous conviction under this section or s. 947.013
13(1r), (1t), (1v), or (1x).

14Section 659d. 940.32 (2m) (b) of the statutes is created to read:

15 940.32 (2m) (b) The actor has a previous conviction for a crime, the victim of
16that crime is the victim of the present violation of sub. (2), and the present violation
17occurs within 7 years after the prior conviction.

18Section 659e. 940.32 (2m) (d) of the statutes is created to read:

19 940.32 (2m) (d) The person violates s. 968.31 (1) or 968.34 (1) in order to
20facilitate the violation.

21Section 659f. 940.32 (2m) (e) of the statutes is created to read:

22 940.32 (2m) (e) The victim is under the age of 18 years at the time of the
23violation.

24Section 659g. 940.32 (3) (intro.) of the statutes is amended to read:

1940.32 (3) (intro.) Whoever violates sub. (2) under any of the following
2circumstances is guilty of a Class E C felony if any of the following applies:".

3487. Page 249, line 3: delete lines 3 to 5 and substitute:

4" Section 660b. 940.32 (3) (intro.) of the statutes, as affected by 2001 Wisconsin
5Act .... (this act), is amended to read:

6 940.32 (3) (intro.) Whoever violates sub. (2) is guilty of a Class C F felony if any
7of the following applies:

8Section 660c. 940.32 (3) (a) of the statutes is amended to read:

9 940.32 (3) (a) The act results in bodily harm to the victim or a member of the
10victim's family or household.

11Section 660d. 940.32 (3) (b) of the statutes is amended to read:

12 940.32 (3) (b) The actor has a previous conviction for a violent crime, as defined
13in s. 939.632 (1) (e) 1., or a previous conviction under this section or s. 947.013 (1r),
14(1t), (1v) or (1x) for a violation against, the same victim of that crime is the victim of
15the present violation of sub. (2), and the present violation occurs within 7 years after
16the prior conviction.

17Section 660e. 940.32 (3) (c) of the statutes is created to read:

18 940.32 (3) (c) The actor uses a dangerous weapon in carrying out any of the acts
19listed in sub. (1) (a) 1. to 9.".

20488. Page 249, line 6: delete lines 6 to 8 and substitute:

21" Section 661b. 940.32 (3m) of the statutes is repealed.".

22489. Page 282, line 8: after that line insert:

23" Section 874x. 947.013 (1t) of the statutes is amended to read:

1947.013 (1t) Whoever violates sub. (1r) is guilty of a Class E felony if the person
2has a prior conviction under this subsection or sub. (1r), (1v), or (1x) or s. 940.32 (2),
3(2e), (2m), or (3) or (3m) involving the same victim and the present violation occurs
4within 7 years of the prior conviction.".

5490. Page 282, line 9: delete lines 9 to 13 and substitute:

6" Section 875b. 947.013 (1t) of the statutes, as affected by 2001 Wisconsin Act
7.... (this act), is amended to read:

8 947.013 (1t) Whoever violates sub. (1r) is guilty of a Class E I felony if the
9person has a prior conviction under this subsection or sub. (1r), (1v), or (1x) or s.
10940.32 (2), (2e), (2m), or (3) involving the same victim and the present violation
11occurs within 7 years of the prior conviction.".

12491. Page 282, line 21: after that line insert:

13" Section 877g. 947.013 (1x) (a) of the statutes is amended to read:

14 947.013 (1x) (a) The person has a prior conviction under sub. (1r), (1t) or (1v)
15or this subsection or s. 940.32 (2), (2e), (2m), or (3) or (3m).".

16492. Page 283, line 2: after that line insert:

17" Section 878e. 947.017 of the statutes is created to read:

18947.017 Threats to release chemical or biological substances. (1) In this
19section, "harmful substance" means a toxic or poisonous chemical or its precursor or
20a disease organism.

21(2) Whoever, knowing the threat to be false, intentionally threatens to release
22or disseminate a harmful substance or conveys a threat to release or disseminate a
23harmful substance, if the threat induces a reasonable expectation or fear that a
24harmful substance will be released or disseminated, is guilty of a Class E felony.

1Section 878f. 947.017 (2) of the statutes, as created by 2001 Wisconsin Act ....
2(this act), is amended to read:

3 947.017 (2) Whoever, knowing the threat to be false, intentionally threatens
4to release or disseminate a harmful substance or conveys a threat to release or
5disseminate a harmful substance, if the threat induces a reasonable expectation or
6fear that a harmful substance will be released or disseminated, is guilty of a Class
7 E I felony.".

8493. Page 293, line 3: after that line insert:

9" Section 937dc. 949.01 (4) of the statutes is amended to read:

10 949.01 (4) "Medical treatment" includes medical, surgical, dental, optometric,
11chiropractic, podiatric, mental health, and hospital care; medicines; medical, dental,
12and surgical supplies; crutches; artificial members; appliances and training in the
13use of artificial members and appliances. "Medical treatment" includes any
14Christian Science treatment or other recognized treatment for cure or relief from the
15effects of injury.

16Section 937de. 949.01 (5) of the statutes is renumbered 949.01 (5) (intro.) and
17amended to read:

18 949.01 (5) (intro.) "Personal injury" means actual any of the following:

19(a) Actual bodily harm and includes pregnancy and mental or nervous shock.

20Section 937dg. 949.01 (5) (b) of the statutes is created to read:

21 949.01 (5) (b) Pregnancy resulting from sexual assault.

22Section 937dj. 949.01 (5) (c) of the statutes is created to read:

23 949.01 (5) (c) Emotional trauma.

24Section 937dL. 949.01 (6) of the statutes is amended to read:

1949.01 (6) "Victim" means a person who is injured or killed by an incident
2specified in s. 949.03 (1) (a), or by any act or omission of any other person that is
3within the description of any of the offenses listed in s. 949.03 (1) (b) or within the
4description of the offense listed and the condition provided in s. 949.03 (1) (c), or as
5a result of a crime described in s. 949.03 (1) (d). This definition does not apply to s.
6949.165.

7Section 937dn. 949.02 of the statutes is amended to read:

8949.02 Administration. The department shall administer this chapter. The
9department shall appoint a program director to assist in administering this chapter.
10The department shall promulgate rules for the implementation and operation of this
11chapter. The rules shall include procedures to ensure that any limitation of an award
12under s. 949.06 (5) (e) is calculated in a fair and equitable manner.

13Section 937dp. 949.03 (1) (a) of the statutes is amended to read:

14 949.03 (1) (a) Preventing or attempting to prevent the commission of a crime;
15apprehending or attempting to apprehend a suspected criminal; aiding or
16attempting to aid a police officer to apprehend or arrest a suspected criminal; aiding
17or attempting to aid a victim of a crime specified in par. (b); or aiding or attempting
18to aid a victim of the crime specified and the condition provided in par. (c); or aiding
19or attempting to aid a victim of a crime specified in par. (d).

20Section 937dr. 949.03 (1) (b) of the statutes is amended to read:

21 949.03 (1) (b) The commission or the attempt to commit any crime specified in
22s. 346.62 (4), 346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08,
23940.09, 940.10, 940.19, 940.20, 940.201, 940.21, 940.22 (2), 940.225, 940.23, 940.24,
24940.25, 940.285, 940.29, 940.30, 940.305, 940.31, 940.32, 941.327, 943.02, 943.03,

1943.04, 943.10, 943.20, 943.23 (1g), (1m) or (1r), 943.32, 948.02, 948.025, 948.03,
2948.04, 948.055, 948.06, 948.07, 948.08, 948.09, 948.095, 948.20, 948.30, or 948.51.".

3494. Page 293, line 4: after "statutes" insert ", as affected by 2001 Wisconsin
4Act .... (this act),".

5495. Page 293, line 10: after "948.04," insert "948.055, 948.06,".