SB363,21,2222
940.201
(1) (b) "Witness" has the meaning given in s.
940.41 946.605 (3).
SB363, s. 40
23Section
40. 940.203 of the statutes is repealed.
SB363, s. 41
24Section
41. 940.204 of the statutes is created to read:
SB363,22,3
1940.204 Battery or threat to public officer or employee. (1) In this
2section, "family member" means a parent, spouse, sibling, child, stepchild, foster
3child, or treatment foster child.
SB363,22,6
4(2) Whoever intentionally causes bodily harm or threatens to cause bodily
5harm to the person or family member of any public officer or employee under all of
6the following circumstances is guilty of a Class D felony:
SB363,22,97
(a) At the time of the act or threat, the actor knows or should have known that
8the victim is a public officer or employee or a family member of a public officer or
9employee.
SB363,22,1310
(b) The public officer or employee is acting in an official capacity at the time of
11the act or threat, the act or threat is intended to influence an action by the public
12officer or employee in an official capacity, or the act or threat is in response to any
13action taken in an official capacity.
SB363,22,1414
(c) There is no consent by the person harmed or threatened.
SB363, s. 42
15Section
42. 940.205 of the statutes is repealed.
SB363, s. 43
16Section
43. 940.207 of the statutes is repealed.
SB363, s. 44
17Section
44. 940.41 of the statutes is renumbered 946.605, and 946.605 (intro.),
18as renumbered, is amended to read:
SB363,22,19
19946.605 Definitions. (intro.) In ss.
940.42 to 940.49 946.61 to 941.648:
SB363, s. 45
20Section
45. 940.42 of the statutes is renumbered 946.62 and amended to read:
SB363,22,25
21946.62 Intimidation of witnesses; misdemeanor. Except as provided in s.
22940.43 946.625, whoever knowingly and maliciously prevents or dissuades, or who
23attempts to so prevent or dissuade any witness from attending or giving testimony
24at any trial, proceeding or inquiry authorized by law, is guilty of a Class A
25misdemeanor.
SB363, s. 46
1Section
46. 940.43 of the statutes is renumbered 946.625, and 946.625 (intro.),
2(1), (2), (5) and (6), as renumbered, are amended to read:
SB363,23,4
3946.625 Intimidation of witnesses; felony. (intro.) Whoever violates s.
4940.42 946.62 under any of the following circumstances is guilty of a Class D felony:
SB363,23,8
5(1) Where the act is accompanied by force or violence or attempted force or
6violence
, upon the witness
, or
the spouse, child, stepchild, foster child, treatment
7foster child, parent, sibling or grandchild of the witness or any person sharing a
8common domicile with a family member of the witness.
SB363,23,10
9(2) Where the act is accompanied by
injury or damage to the real or personal
10property of any person covered under sub. (1).
SB363,23,15
11(5) Where the act is committed by any person who has suffered any prior
12conviction for any violation under ss.
940.42 to 940.45 946.62 to 946.64, s. 943.30,
131979 stats., or any federal statute or statute of any other state which, if the act
14prosecuted was committed in this state, would be a violation under ss.
940.42 to
15940.45 946.62 to 946.64.
SB363,23,18
16(6) Where the act is committed by any person for monetary gain or for any other
17consideration acting on the request of any other person.
All parties to the
18transactions are guilty under this section.
SB363, s. 47
19Section
47. 940.44 of the statutes is renumbered 946.63, and 946.63 (intro.),
20as renumbered, is amended to read:
SB363,23,25
21946.63 Intimidation of victims; misdemeanor. (intro.) Except as provided
22in s.
940.45 946.635, whoever knowingly and maliciously prevents or dissuades, or
23who attempts to so prevent or dissuade, another person who has been the victim of
24any crime or who is acting on behalf of the victim from doing any of the following is
25guilty of a Class A misdemeanor:
SB363, s. 48
1Section
48. 940.45 of the statutes is renumbered 946.635, and 946.635 (intro.),
2(1), (2), (5) and (6), as renumbered, are amended to read:
SB363,24,4
3946.635 Intimidation of victims; felony. (intro.) Whoever violates s.
940.44 4946.63 under any of the following circumstances is guilty of a Class D felony:
SB363,24,8
5(1) Where the act is accompanied by force or violence or attempted force or
6violence
, upon the victim
, or
the spouse, child, stepchild, foster child, treatment
7foster child, parent, sibling or grandchild of the victim or any person sharing a
8common domicile with a family member of the victim.
SB363,24,10
9(2) Where the act is accompanied by
injury or damage to the real or personal
10property of any person covered under sub. (1).
SB363,24,15
11(5) Where the act is committed by any person who has suffered any prior
12conviction for any violation under ss.
940.42 to 940.45 946.62 to 946.64, s. 943.30,
131979 stats., or any federal statute or statute of any other state which, if the act
14prosecuted was committed in this state, would be a violation under ss.
940.42 to
15940.45 946.62 to 946.64.
SB363,24,18
16(6) Where the act is committed by any person for monetary gain or for any other
17consideration acting on the request of any other person.
All parties to the
18transactions are guilty under this section.
SB363, s. 49
19Section
49. 940.46 of the statutes is renumbered 946.642 and amended to
20read:
SB363,25,3
21946.642 Attempt prosecuted as completed act. Whoever attempts the
22commission of any act prohibited under ss.
940.42 to 940.45 946.62 to 946.64 is guilty
23of the offense attempted without regard to the success or failure of the attempt. The
24fact that no person was injured physically or in fact intimidated is not a defense
25against any prosecution under ss.
940.42 to 940.45
946.62 to 946.635. The fact that
1no person was injured physically or in fact annoyed, harassed, frightened,
2threatened, abused, or intimidated is not a defense against any prosecution under
3s. 946.64.
SB363, s. 50
4Section
50. 940.47 of the statutes is renumbered 946.644 and amended to
5read:
SB363,25,11
6946.644 Court orders. (intro.) Any court with jurisdiction over any criminal
7matter, upon substantial evidence, which may include hearsay or the declaration of
8the prosecutor, that
knowing and malicious prevention or dissuasion of any person
9who is a victim or who is a witness a violation of s. 946.62, 946.625, 946.63, 946.635,
10or 946.64 has occurred or is reasonably likely to occur, may issue orders including but
11not limited to any of the following:
SB363,25,12
12(1) An order that a defendant not violate ss.
940.42 to 940.45 946.62 to 946.64.
SB363,25,15
13(2) An order that a person before the court other than a defendant, including,
14but not limited to, a subpoenaed witness or other person entering the courtroom of
15the court, not violate ss.
940.42 to 940.45 946.62 to 946.64.
SB363,25,17
16(3) An order that any person described in sub. (1) or (2) maintain a prescribed
17geographic distance from any specified witness
or, victim
, or juror.
SB363,25,21
18(4) An order that any person described in sub. (1) or (2) have no communication
19with any specified witness or any victim, except through an attorney under such
20reasonable restrictions as the court may impose
, with any specified witness, victim,
21or juror.
SB363, s. 51
22Section
51. 940.48 of the statutes is renumbered 946.646, and 946.646 (intro.),
23(1) and (2), as renumbered, are amended to read:
SB363,25,25
24946.646 Violation of court orders. (intro.) Whoever violates an order issued
25under s.
940.47 946.644 may be punished as follows:
SB363,26,2
1(1) If applicable, the person may be prosecuted under ss.
940.42 to 940.45 2946.62 to 946.64.
SB363,26,4
3(2) As a contempt of court under ch. 785. A finding of contempt is not a bar to
4prosecution under ss.
940.42 to 940.45 946.62 to 946.64, but:
SB363,26,75
(a) Any person who commits a contempt of court is entitled to credit for any
6punishment imposed therefor against any sentence imposed on conviction under ss.
7940.42 to 940.45 946.62 to 946.64; and
SB363,26,108
(b) Any conviction or acquittal for any substantive offense under ss.
940.42 to
9940.45 946.62 to 946.64 is a bar to subsequent punishment for contempt arising out
10of the same act.
SB363, s. 52
11Section
52. 940.49 of the statutes is renumbered 946.648 and amended to
12read:
SB363,26,19
13946.648 Pretrial release. Any pretrial release of any defendant whether on
14bail or under any other form of recognizance shall be deemed to include a condition
15that the defendant neither do, nor cause to be done, nor permit to be done on his or
16her behalf, any act proscribed by ss.
940.42 to 940.45
946.62 to 946.64 and any
wilful 17willful violation of the condition is subject to punishment as prescribed in s.
940.48 18946.646 (3) whether or not the defendant was the subject of an order under s.
940.47 19946.644.
SB363, s. 53
20Section
53. 941.26 (1) (a) of the statutes is amended to read:
SB363,26,2221
941.26
(1) (a) No person may sell,
transfer, possess, use
, or transport any
22machine gun or other
full fully automatic firearm.
SB363, s. 54
23Section
54. 941.26 (2) (a) of the statutes is amended to read:
SB363,26,2424
941.26
(2) (a) Any person violating sub. (1) (a) is guilty of a Class
E D felony.
SB363, s. 55
25Section
55. 941.26 (3) of the statutes is amended to read:
SB363,27,11
1941.26
(3) This section does not apply to the sale,
transfer, possession,
2modification, use
, or transportation of any weapons or containers under sub. (1) or
3(1m) to or by any armed forces or national guard personnel in the line of duty,
or any
4civil enforcement officer of the state or of any city or county. This section does not
5apply to the sale,
transfer, possession, modification, use
, or transportation of
6weapons under sub. (1) (a) or (1m) to or by any person duly authorized by the chief
7of police of any city or the sheriff of any county. This section does not apply to the
8restoration of any weapon under sub. (1) (a) or (1m) by a person having a license to
9collect firearms as curios or relics issued by the U.S. department of the treasury. The
10restriction on transportation contained in this section does not apply to common
11carriers.
SB363, s. 56
12Section
56. 941.27 (2) of the statutes is amended to read:
SB363,27,2013
941.27
(2) Exceptions. Sections 941.25 and 941.26 shall not prohibit or
14interfere with the manufacture for, and sale of, machine guns to the military forces
15or the peace officers of the United States or of any political subdivision thereof, or the
16transportation required for that purpose; the possession of a machine gun for
17scientific purpose, or the possession of a machine gun not usable as a weapon and
18possessed as a curiosity, ornament
, or keepsake
; or the possession of a machine gun
19other than one adapted to use pistol cartridges for a purpose manifestly not
20aggressive or offensive.
SB363, s. 57
21Section
57. 941.31 of the statutes is repealed.
SB363, s. 58
22Section
58. 941.375 of the statutes is created to read:
SB363,27,23
23941.375 Interfering with disarmament of explosives. (1) In this section:
SB363,27,2424
(a) "Destructive device" has the meaning given in s. 947.07 (1) (c).
SB363,27,2525
(b) "Explosive" has the meaning given in s. 947.07 (1) (f).
SB363,28,3
1(c) "Public safety official" means any law enforcement officer, fire fighter,
2emergency management official, or other public safety or military personnel
3employed by the state, a subdivision of the state, or the United States.
SB363,28,7
4(2) Whoever knowingly obstructs or interferes with a public safety official, or
5an animal or mechanical device used by a public safety official, while the public
6safety official is searching for, disarming, or destroying an explosive or a destructive
7device is guilty of a Class A misdemeanor.
SB363,28,10
8(3) Whoever violates sub. (2) and reasonably believes that his or her
9obstruction of interference may endanger the safety of another is guilty of a Class E
10felony.
SB363,28,12
11(4) Whoever violates sub. (3), if the obstruction or interference contributes to
12the death of another, is guilty of a Class C felony.
SB363, s. 59
13Section
59. 941.38 (1) (b) 11. of the statutes is amended to read:
SB363,28,1514
941.38
(1) (b) 11. Intimidation of witnesses, as prohibited in s.
940.42 or 940.43 15946.62 or 946.625.
SB363, s. 60
16Section
60. 941.38 (1) (b) 12. of the statutes is amended to read:
SB363,28,1817
941.38
(1) (b) 12. Intimidation of victims, as prohibited in s.
940.44 or 940.45 18946.63 or 946.635.
SB363, s. 61
19Section
61. 941.38 (1) (b) 12o. of the statutes is created to read:
SB363,28,2120
941.38
(1) (b) 12o. Unlawful communication with a juror, as prohibited in s.
21946.64.
SB363, s. 62
22Section
62. 943.011 (1) (b) of the statutes is amended to read:
SB363,28,2323
943.011
(1) (b) "Witness" has the meaning given in s.
940.41 946.605 (3).
SB363, s. 63
24Section
63. 943.013 of the statutes is repealed.
SB363, s. 64
25Section
64. 943.0135 of the statutes is created to read:
SB363,29,3
1943.0135 Damage or threat to property of public officer or employee. 2(1) In this section, "family member" means a parent, spouse, sibling, child, stepchild,
3foster child, or treatment foster child.
SB363,29,7
4(2) Whoever intentionally causes or threatens to cause damage to any physical
5property that belongs to a public officer or employee or a family member of a public
6officer or employee under all of the following circumstances is guilty of a Class D
7felony:
SB363,29,108
(a) At the time of the act or threat, the actor knows or should have known that
9the person whose property is damaged or threatened is a public officer or employee
10or a family member of a public officer or employee.
SB363,29,1411
(b) The public officer or employee is acting in an official capacity at the time of
12the act or threat, the act or threat is intended to influence an action by the public
13officer or employee in an official capacity, or the act or threat is in response to any
14action taken in an official capacity.
SB363,29,1515
(c) There is no consent by the person whose property is damaged or threatened.
SB363, s. 65
16Section
65. 943.015 of the statutes is repealed.
SB363, s. 66
17Section
66. 943.017 (2m) (a) 2. of the statutes is amended to read:
SB363,29,1818
943.017
(2m) (a) 2. "Witness" has the meaning given in s.
940.41 946.605 (3).
SB363, s. 67
19Section
67. 943.05 of the statutes is amended to read:
SB363,29,24
20943.05 Placing of combustible materials an attempt. Whoever places any
21combustible or explosive material or device in or near any property with intent to set
22fire to or blow up such property is guilty of an attempt to violate either s. 943.01,
23943.012,
943.013 943.0135, 943.02, 943.03 or 943.04, depending on the facts of the
24particular case.
SB363, s. 68
25Section
68. 943.20 (3) (e) of the statutes is created to read:
SB363,30,2
1943.20
(3) (e) If the value of the property does not exceed $2,500 and any of the
2following circumstances exists, is guilty of a Class C felony:
SB363,30,33
1. The property is a machine gun, as defined in s. 941.27 (1).
SB363,30,54
2. The property is a firearm that is owned by a law enforcement agency, the U.S.
5armed forces, a reserve component of the U.S. armed forces, or the National Guard.
SB363,30,76
3. The property is an explosive, as defined in s. 947.07 (1) (d), or a destructive
7device, as defined in s. 947.07 (1) (b).
SB363, s. 69
8Section
69. 943.201 (1) (a) of the statutes is amended to read:
SB363,30,149
943.201
(1) (a) "Personal identification document" means a
birth certificate 10document made or issued under the authority of the federal government, a state, a
11political subdivision of a state, a foreign government, or a political subdivision of a
12foreign government that is intended or commonly accepted for the purpose of
13identifying individuals, or a financial transaction card, as defined in s. 943.41 (1)
14(em).
SB363, s. 70
15Section
70. 946.605 (1c) of the statutes is created to read: