SB363: Bill Text

SB363, s. 28 Section 28. 939.648 (2) (c) of the statutes is renumbered 939.648 (2) (c) (intro.) and amended to read:

SB363,20,2 939.648 (2) (c) 2. (intro.) Commits the felony crime with the intent to accomplish any of the following:

SB363,20,4 1. To influence the policy or conduct of a governmental unit or to influence an official policy decision or the official conduct of a public officer or public employee.

SB363,20,6 2. To punish a governmental unit or a public officer or public employee for a prior policy decision, other official decision, or official conduct.

SB363, s. 29 Section 29. 939.648 (2) (c) 3. of the statutes is created to read:

SB363,20,8 939.648 (2) (c) 3. To intimidate or coerce a civilian population.

SB363, s. 30 Section 30. 939.648 (3) and (4) of the statutes are amended to read:

SB363,20,12 939.648 (3) The maximum fine prescribed by law for the felony crime may be increased by not more than $50,000 and the maximum period of imprisonment prescribed by law for the felony crime may be increased by not more than 10 years.

SB363,20,15 (4) This section provides for the enhancement of the penalties applicable for the underlying felony crime. The court shall direct that the trier of fact find a special verdict as to all of the issues specified in sub. (2).

SB363, s. 31 Section 31. 940.20 (2) of the statutes is amended to read:

SB363,20,23 940.20 (2) Battery to law enforcement officers and volunteer fire fighters. Whoever intentionally causes bodily harm to a law enforcement officer or fire fighter, as those terms are defined in s. 102.475 (8) (b) and (c), member of a volunteer fire department or company acting in an official capacity and the person knows or has reason to know that the victim is a law enforcement officer or fire fighter, by an act done without the consent of the person so injured, is guilty of a Class D felony, if the actor knows that the person is a fire fighter.

SB363, s. 32 Section 32. 940.20 (2m) (title) of the statutes is amended to read:

SB363,21,2 940.20 (2m) (title) Battery to probation, extended supervision and parole agents and aftercare agents.

SB363, s. 33 Section 33. 940.20 (2m) (a) (intro.) and 1. of the statutes are consolidated, renumbered 940.20 (2m) (a), and amended to read:

SB363,21,7 940.20 (2m) (a) In this subsection: 1. "Aftercare, "aftercare agent" means any person authorized by the department of corrections to exercise control over a juvenile on aftercare.

SB363, s. 34 Section 34. 940.20 (2m) (a) 2. of the statutes is repealed.

SB363, s. 35 Section 35. 940.20 (2m) (b) of the statutes is amended to read:

SB363,21,15 940.20 (2m) (b) Whoever intentionally causes bodily harm to a probation, extended supervision and parole agent or an aftercare agent, acting in an official capacity and the person knows or has reason to know that the victim is a probation, extended supervision and parole agent or an aftercare agent, by an act done without the consent of the person so injured, is guilty of a Class D felony , if the actor knows that the person is an aftercare agent.

SB363, s. 36 Section 36. 940.20 (4) of the statutes is repealed.

SB363, s. 37 Section 37. 940.20 (5) of the statutes is repealed.

SB363, s. 38 Section 38. 940.20 (6) (b) (intro.) of the statutes is amended to read:

SB363,21,20 940.20 (6) (b) (intro.) Whoever intentionally causes bodily harm to another under any of the following circumstances is guilty of a Class E D felony:

SB363, s. 39 Section 39. 940.201 (1) (b) of the statutes is amended to read:

SB363,21,22 940.201 (1) (b) "Witness" has the meaning given in s. 940.41 946.605 (3).

SB363, s. 40 Section 40. 940.203 of the statutes is repealed.

SB363, s. 41 Section 41. 940.204 of the statutes is created to read:

SB363,22,3 940.204 Battery or threat to public officer or employee. (1) In this section, "family member" means a parent, spouse, sibling, child, stepchild, foster child, or treatment foster child.

SB363,22,6 (2) Whoever intentionally causes bodily harm or threatens to cause bodily harm to the person or family member of any public officer or employee under all of the following circumstances is guilty of a Class D felony:

SB363,22,9 (a) At the time of the act or threat, the actor knows or should have known that the victim is a public officer or employee or a family member of a public officer or employee.

SB363,22,13 (b) The public officer or employee is acting in an official capacity at the time of the act or threat, the act or threat is intended to influence an action by the public officer or employee in an official capacity, or the act or threat is in response to any action taken in an official capacity.

SB363,22,14 (c) There is no consent by the person harmed or threatened.

SB363, s. 42 Section 42. 940.205 of the statutes is repealed.

SB363, s. 43 Section 43. 940.207 of the statutes is repealed.

SB363, s. 44 Section 44. 940.41 of the statutes is renumbered 946.605, and 946.605 (intro.), as renumbered, is amended to read:

SB363,22,19 946.605 Definitions. (intro.) In ss. 940.42 to 940.49 946.61 to 941.648:

SB363, s. 45 Section 45. 940.42 of the statutes is renumbered 946.62 and amended to read:

SB363,22,25 946.62 Intimidation of witnesses; misdemeanor. Except as provided in s. 940.43 946.625, whoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade any witness from attending or giving testimony at any trial, proceeding or inquiry authorized by law, is guilty of a Class A misdemeanor.

SB363, s. 46 Section 46. 940.43 of the statutes is renumbered 946.625, and 946.625 (intro.), (1), (2), (5) and (6), as renumbered, are amended to read:

SB363,23,4 946.625 Intimidation of witnesses; felony. (intro.) Whoever violates s. 940.42 946.62 under any of the following circumstances is guilty of a Class D felony:

SB363,23,8 (1) Where the act is accompanied by force or violence or attempted force or violence, upon the witness, or the spouse, child, stepchild, foster child, treatment foster child, parent, sibling or grandchild of the witness or any person sharing a common domicile with a family member of the witness.

SB363,23,10 (2) Where the act is accompanied by injury or damage to the real or personal property of any person covered under sub. (1).

SB363,23,15 (5) Where the act is committed by any person who has suffered any prior conviction for any violation under ss. 940.42 to 940.45 946.62 to 946.64, s. 943.30, 1979 stats., or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under ss. 940.42 to 940.45 946.62 to 946.64.

SB363,23,18 (6) Where the act is committed by any person for monetary gain or for any other consideration acting on the request of any other person. All parties to the transactions are guilty under this section.

SB363, s. 47 Section 47. 940.44 of the statutes is renumbered 946.63, and 946.63 (intro.), as renumbered, is amended to read:

SB363,23,25 946.63 Intimidation of victims; misdemeanor. (intro.) Except as provided in s. 940.45 946.635, whoever knowingly and maliciously prevents or dissuades, or who attempts to so prevent or dissuade, another person who has been the victim of any crime or who is acting on behalf of the victim from doing any of the following is guilty of a Class A misdemeanor:

SB363, s. 48 Section 48. 940.45 of the statutes is renumbered 946.635, and 946.635 (intro.), (1), (2), (5) and (6), as renumbered, are amended to read:

SB363,24,4 946.635 Intimidation of victims; felony. (intro.) Whoever violates s. 940.44 946.63 under any of the following circumstances is guilty of a Class D felony:

SB363,24,8 (1) Where the act is accompanied by force or violence or attempted force or violence, upon the victim, or the spouse, child, stepchild, foster child, treatment foster child, parent, sibling or grandchild of the victim or any person sharing a common domicile with a family member of the victim.

SB363,24,10 (2) Where the act is accompanied by injury or damage to the real or personal property of any person covered under sub. (1).

SB363,24,15 (5) Where the act is committed by any person who has suffered any prior conviction for any violation under ss. 940.42 to 940.45 946.62 to 946.64, s. 943.30, 1979 stats., or any federal statute or statute of any other state which, if the act prosecuted was committed in this state, would be a violation under ss. 940.42 to 940.45 946.62 to 946.64.

SB363,24,18 (6) Where the act is committed by any person for monetary gain or for any other consideration acting on the request of any other person. All parties to the transactions are guilty under this section.

SB363, s. 49 Section 49. 940.46 of the statutes is renumbered 946.642 and amended to read:

SB363,25,3 946.642 Attempt prosecuted as completed act. Whoever attempts the commission of any act prohibited under ss. 940.42 to 940.45 946.62 to 946.64 is guilty of the offense attempted without regard to the success or failure of the attempt. The fact that no person was injured physically or in fact intimidated is not a defense against any prosecution under ss. 940.42 to 940.45 946.62 to 946.635. The fact that no person was injured physically or in fact annoyed, harassed, frightened, threatened, abused, or intimidated is not a defense against any prosecution under s. 946.64.

SB363, s. 50 Section 50. 940.47 of the statutes is renumbered 946.644 and amended to read:

SB363,25,11 946.644 Court orders. (intro.) Any court with jurisdiction over any criminal matter, upon substantial evidence, which may include hearsay or the declaration of the prosecutor, that knowing and malicious prevention or dissuasion of any person who is a victim or who is a witness a violation of s. 946.62, 946.625, 946.63, 946.635, or 946.64 has occurred or is reasonably likely to occur, may issue orders including but not limited to any of the following:

SB363,25,12 (1) An order that a defendant not violate ss. 940.42 to 940.45 946.62 to 946.64.

SB363,25,15 (2) An order that a person before the court other than a defendant, including, but not limited to, a subpoenaed witness or other person entering the courtroom of the court, not violate ss. 940.42 to 940.45 946.62 to 946.64.

SB363,25,17 (3) An order that any person described in sub. (1) or (2) maintain a prescribed geographic distance from any specified witness or, victim, or juror.

SB363,25,21 (4) An order that any person described in sub. (1) or (2) have no communication with any specified witness or any victim, except through an attorney under such reasonable restrictions as the court may impose, with any specified witness, victim, or juror.

SB363, s. 51 Section 51. 940.48 of the statutes is renumbered 946.646, and 946.646 (intro.), (1) and (2), as renumbered, are amended to read:

SB363,25,25 946.646 Violation of court orders. (intro.) Whoever violates an order issued under s. 940.47 946.644 may be punished as follows:

SB363,26,2 (1) If applicable, the person may be prosecuted under ss. 940.42 to 940.45 946.62 to 946.64.

SB363,26,4 (2) As a contempt of court under ch. 785. A finding of contempt is not a bar to prosecution under ss. 940.42 to 940.45 946.62 to 946.64, but:

SB363,26,7 (a) Any person who commits a contempt of court is entitled to credit for any punishment imposed therefor against any sentence imposed on conviction under ss. 940.42 to 940.45 946.62 to 946.64; and

SB363,26,10 (b) Any conviction or acquittal for any substantive offense under ss. 940.42 to 940.45 946.62 to 946.64 is a bar to subsequent punishment for contempt arising out of the same act.

SB363, s. 52 Section 52. 940.49 of the statutes is renumbered 946.648 and amended to read:

SB363,26,19 946.648 Pretrial release. Any pretrial release of any defendant whether on bail or under any other form of recognizance shall be deemed to include a condition that the defendant neither do, nor cause to be done, nor permit to be done on his or her behalf, any act proscribed by ss. 940.42 to 940.45 946.62 to 946.64 and any wilful willful violation of the condition is subject to punishment as prescribed in s. 940.48 946.646 (3) whether or not the defendant was the subject of an order under s. 940.47 946.644.

SB363, s. 53 Section 53. 941.26 (1) (a) of the statutes is amended to read:

SB363,26,22 941.26 (1) (a) No person may sell, transfer, possess, use, or transport any machine gun or other full fully automatic firearm.

SB363, s. 54 Section 54. 941.26 (2) (a) of the statutes is amended to read:

SB363,26,24 941.26 (2) (a) Any person violating sub. (1) (a) is guilty of a Class E D felony.

SB363, s. 55 Section 55. 941.26 (3) of the statutes is amended to read:

SB363,27,11 941.26 (3) This section does not apply to the sale, transfer, possession, modification, use, or transportation of any weapons or containers under sub. (1) or (1m) to or by any armed forces or national guard personnel in the line of duty, or any civil enforcement officer of the state or of any city or county. This section does not apply to the sale, transfer, possession, modification, use, or transportation of weapons under sub. (1) (a) or (1m) to or by any person duly authorized by the chief of police of any city or the sheriff of any county. This section does not apply to the restoration of any weapon under sub. (1) (a) or (1m) by a person having a license to collect firearms as curios or relics issued by the U.S. department of the treasury. The restriction on transportation contained in this section does not apply to common carriers.

SB363, s. 56 Section 56. 941.27 (2) of the statutes is amended to read:

SB363,27,20 941.27 (2) Exceptions. Sections 941.25 and 941.26 shall not prohibit or interfere with the manufacture for, and sale of, machine guns to the military forces or the peace officers of the United States or of any political subdivision thereof, or the transportation required for that purpose; the possession of a machine gun for scientific purpose, or the possession of a machine gun not usable as a weapon and possessed as a curiosity, ornament, or keepsake; or the possession of a machine gun other than one adapted to use pistol cartridges for a purpose manifestly not aggressive or offensive.

SB363, s. 57 Section 57. 941.31 of the statutes is repealed.

SB363, s. 58 Section 58. 941.375 of the statutes is created to read:

SB363,27,23 941.375 Interfering with disarmament of explosives. (1) In this section:

SB363,27,24 (a) "Destructive device" has the meaning given in s. 947.07 (1) (c).

SB363,27,25 (b) "Explosive" has the meaning given in s. 947.07 (1) (f).

SB363,28,3 (c) "Public safety official" means any law enforcement officer, fire fighter, emergency management official, or other public safety or military personnel employed by the state, a subdivision of the state, or the United States.

SB363,28,7 (2) Whoever knowingly obstructs or interferes with a public safety official, or an animal or mechanical device used by a public safety official, while the public safety official is searching for, disarming, or destroying an explosive or a destructive device is guilty of a Class A misdemeanor.

SB363,28,10 (3) Whoever violates sub. (2) and reasonably believes that his or her obstruction of interference may endanger the safety of another is guilty of a Class E felony.

SB363,28,12 (4) Whoever violates sub. (3), if the obstruction or interference contributes to the death of another, is guilty of a Class C felony.

SB363, s. 59 Section 59. 941.38 (1) (b) 11. of the statutes is amended to read:

SB363,28,15 941.38 (1) (b) 11. Intimidation of witnesses, as prohibited in s. 940.42 or 940.43 946.62 or 946.625.

SB363, s. 60 Section 60. 941.38 (1) (b) 12. of the statutes is amended to read:

SB363,28,18 941.38 (1) (b) 12. Intimidation of victims, as prohibited in s. 940.44 or 940.45 946.63 or 946.635.

SB363, s. 61 Section 61. 941.38 (1) (b) 12o. of the statutes is created to read: