SB363: Bill Text

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:

SB363,28,21 941.38 (1) (b) 12o. Unlawful communication with a juror, as prohibited in s. 946.64.

SB363, s. 62 Section 62. 943.011 (1) (b) of the statutes is amended to read:

SB363,28,23 943.011 (1) (b) "Witness" has the meaning given in s. 940.41 946.605 (3).

SB363, s. 63 Section 63. 943.013 of the statutes is repealed.

SB363, s. 64 Section 64. 943.0135 of the statutes is created to read:

SB363,29,3 943.0135 Damage or threat to property of public officer or employee. (1) In this section, "family member" means a parent, spouse, sibling, child, stepchild, foster child, or treatment foster child.

SB363,29,7 (2) Whoever intentionally causes or threatens to cause damage to any physical property that belongs to a public officer or employee or a family member of a public officer or employee under all of the following circumstances is guilty of a Class D felony:

SB363,29,10 (a) At the time of the act or threat, the actor knows or should have known that the person whose property is damaged or threatened is a public officer or employee or a family member of a public officer or employee.

SB363,29,14 (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.

SB363,29,15 (c) There is no consent by the person whose property is damaged or threatened.

SB363, s. 65 Section 65. 943.015 of the statutes is repealed.

SB363, s. 66 Section 66. 943.017 (2m) (a) 2. of the statutes is amended to read:

SB363,29,18 943.017 (2m) (a) 2. "Witness" has the meaning given in s. 940.41 946.605 (3).

SB363, s. 67 Section 67. 943.05 of the statutes is amended to read:

SB363,29,24 943.05 Placing of combustible materials an attempt. Whoever places any combustible or explosive material or device in or near any property with intent to set fire to or blow up such property is guilty of an attempt to violate either s. 943.01, 943.012, 943.013 943.0135, 943.02, 943.03 or 943.04, depending on the facts of the particular case.

SB363, s. 68 Section 68. 943.20 (3) (e) of the statutes is created to read:

SB363,30,2 943.20 (3) (e) If the value of the property does not exceed $2,500 and any of the following circumstances exists, is guilty of a Class C felony:

SB363,30,3 1. The property is a machine gun, as defined in s. 941.27 (1).

SB363,30,5 2. The property is a firearm that is owned by a law enforcement agency, the U.S. armed forces, a reserve component of the U.S. armed forces, or the National Guard.

SB363,30,7 3. The property is an explosive, as defined in s. 947.07 (1) (d), or a destructive device, as defined in s. 947.07 (1) (b).

SB363, s. 69 Section 69. 943.201 (1) (a) of the statutes is amended to read:

SB363,30,14 943.201 (1) (a) "Personal identification document" means a birth certificate document made or issued under the authority of the federal government, a state, a political subdivision of a state, a foreign government, or a political subdivision of a foreign government that is intended or commonly accepted for the purpose of identifying individuals, or a financial transaction card, as defined in s. 943.41 (1) (em).

SB363, s. 70 Section 70. 946.605 (1c) of the statutes is created to read:

SB363,30,18 946.605 (1c) "Family member" means a spouse, child, stepchild, foster child, treatment foster child, parent, sibling, or grandchild of another or any person sharing a common domicile with another.

SB363, s. 71 Section 71. 946.605 (1e) of the statutes is created to read:

SB363,30,22 946.605 (1e) "Juror" includes any person who is or has been a grand juror, petit juror, or inquest juror and any person who has been summoned as a prospective juror under s. 756.05.

SB363, s. 72 Section 72. 946.64 of the statutes is renumbered 946.64 (1) and amended to read:

SB363,31,5 946.64 (1) 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 him or her, communicates directly or indirectly with him or her the juror or the juror's family member otherwise than in the regular course of proceedings in the trial or hearing of that matter is guilty of a Class E felony.

SB363, s. 73 Section 73. 946.64 (2) of the statutes is created to read:

SB363,31,11 946.64 (2) Whoever, with intent to annoy, harass, frighten, threaten, abuse, or intimidate any juror or any juror's family member because of a verdict returned by the juror or the participation of the juror in any criminal or civil trial or matter, communicates directly or indirectly with the juror or any of the juror's family members is guilty of a Class E felony.

SB363, s. 74 Section 74. 946.64 (3) of the statutes is created to read:

SB363,31,14 946.64 (3) Whoever violates sub. (1) or (2) is guilty of a Class D felony if any of the following applies:

SB363,31,16 (a) The act is accompanied by physical force or violence or attempted physical force or violence.

SB363,31,17 (b) The act is accompanied by damage to real or personal property.

SB363,31,19 (c) The act is accompanied by any express or implied threat of physical force, violence, injury, or damage described in pars. (a) and (b).

SB363,31,20 (d) The act is in furtherance of any conspiracy.

SB363,31,22 (e) The act is committed by any person for monetary gain or for any other consideration acting on the request of any other person.

SB363, s. 75 Section 75. 946.78 of the statutes is created to read:

SB363,31,24 946.78 Money laundering. (1) In this section:

SB363,32,3 (a) "Felony" means any act punishable as a felony under the laws of this state or, if the act occurred within another jurisdiction, any act punishable by incarceration for one year or more under the laws of the other jurisdiction.

SB363,32,4 (b) "Monetary instrument" includes any of the following:

SB363,32,5 1. Coin or currency of the United States or any other country.

SB363,32,7 2. Traveler's check, personal check, money order, or share draft or other draft for payment.

SB363,32,10 3. Investment security or negotiable instrument, in bearer form or other form that provides that title to the security or instrument passes upon delivery of the security or instrument.

SB363,32,11 4. Precious metals, stones, or jewels.

SB363,32,13 (c) "Transaction" means the acquisition or disposition of property by any means, including any of the following:

SB363,32,15 1. The purchase, sale, trade, transfer, transmission, exchange, loan, pledge, investment, delivery, deposit, or withdrawal of a monetary instrument.

SB363,32,16 2. The use of a safe deposit box.

SB363,32,17 3. The extension of credit.