SB363: Bill Text

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SB363, s. 65 Section 65. 943.015 of the statutes is repealed.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

SB363,32,18 (2) Whoever does any of the following is subject to the penalties under sub. (4):

SB363,32,23 (a) Receives or acquires proceeds, or engages in a transaction involving proceeds, that the person knows or has reason to know are derived from a felony, if the person also knows or has reason to know that the receipt or acquisition of the proceeds or the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of the proceeds of the felony.

SB363,33,2 (b) Gives, sells, transfers, trades, invests, conceals, possesses, transports, or otherwise makes available one or more monetary instruments that the person knows or has reason to know are intended to be used to commit or further the commission of a felony.

SB363,33,8 (c) Directs, plans, organizes, initiates, finances, manages, supervises, or facilitates the transportation or transfer of proceeds that the person knows or has reason to know are derived from a felony, if the person also knows or has reason to know that the transportation or transfer is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of the proceeds of the felony.

SB363,33,12 (3) (a) In a prosecution under sub. (2) (a) or (c), the state is not required to prove that the defendant knew the specific felony from which the proceeds were derived, or that the defendant knew that the act from which the proceeds were derived constituted a felony.

SB363,33,16 (b) In a prosecution under sub. (2) (b), the state is not required to prove that the defendant knew the specific felony for which the monetary instrument was intended to be used, or that the defendant knew that the act for which the monetary instrument was intended to be used constituted a felony.

SB363,33,20 (4) Whoever violates sub. (2) is guilty of a Class D felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (d), the person may be fined not more than $10,000 or twice the value of the proceeds or monetary instruments involved in the violation, whichever is greater.

SB363, s. 76 Section 76. 946.79 of the statutes is created to read:

SB363,33,22 946.79 False statements to financial institutions. (1) In this section:

SB363,34,2 (a) "Financial institution" means a bank, savings bank, savings and loan association, credit union, insurance company, trust company, a securities broker or dealer, a pawnbroker, as defined in s. 134.71 (1) (e), a telegraph company, or a dealer in precious metals, stones, or jewels.

SB363,34,4 (b) "Personal identification document" has the meaning given in s. 943.201 (1) (a).

SB363,34,6 (c) "Personal identifying information" has the meaning given in s. 943.201 (1) (b).

SB363,34,7 (d) "Transaction" has the meaning given in s. 946.78 (1) (c).

SB363,34,10 (2) Whoever knowingly does any of the following with respect to information that is requested by or submitted to a financial institution in connection with a transaction with that financial institution is guilty of a Class E felony:

SB363,34,11 (a) Falsifies or conceals or attempts to falsify or conceal the identity of a person.

SB363,34,13 (b) Makes a false or fraudulent statement or representation regarding the identity of a person.

SB363,34,15 (c) Makes or uses a false writing knowing that the writing contains false information regarding the identity of a person.

SB363,34,17 (d) Uses or presents a false personal identification document or false personal identifying information.

SB363, s. 77 Section 77. 946.82 (4) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

SB363,35,9 946.82 (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, 201.09 (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) to (6), 940.20, 940.201, 940.203 940.204, 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), (2d), or (2g), 943.011, 943.012, 943.013 943.0135, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (c) and (d) to (3), 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) (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (c), 943.60, 943.70, 943.76, 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, 946.78, 946.79, 947.05, 947.07, 948.05, 948.08, 948.12, and 948.30.

SB363, s. 78 Section 78. 947.012 (1) (a) of the statutes is repealed.

SB363, s. 79 Section 79. 947.0125 (2) (a) of the statutes is repealed.

SB363, s. 80 Section 80. 947.0125 (2) (b) of the statutes is repealed.

SB363, s. 81 Section 81. 947.015 of the statutes is repealed.

SB363, s. 82 Section 82. 947.02 of the statutes is renumbered 947.12.

SB363, s. 83 Section 83. 947.03 of the statutes is created to read:

SB363,35,19 947.03 Threat to cause death, bodily harm, or property damage. Whoever, with intent to frighten, intimidate, threaten, abuse, or harass another person, threatens to cause the death of or bodily harm to any person or to damage any person's property is guilty of a Class A misdemeanor.

SB363, s. 84 Section 84. 947.04 of the statutes is renumbered 947.14.

SB363, s. 85 Section 85. 947.05 of the statutes is created to read:

SB363,35,24 947.05 Terrorist threats. (1) Whoever, under any of the following circumstances, threatens to cause the death of or bodily harm to any person or to damage any person's property is guilty of a Class E felony:

SB363,36,3 (a) The actor intends to prevent the occupation of or cause the evacuation of a building, dwelling, school premises, vehicle, facility of public transportation, or place of public assembly or any room within a building, dwelling, or school premises.

SB363,36,4 (b) The actor intends to cause serious public inconvenience.

SB363,36,7 (c) The actor intends to cause an interruption or impairment of governmental operations or public communication, of transportation, or of a supply of water, gas, or other public service.

SB363,36,9 (d) The actor creates an unreasonable and substantial risk of causing a result described in par. (a), (b), or (c) and is aware of that risk.

SB363,36,11 (2) Any person who violates sub. (1) and thereby contributes to any individual's death is guilty of a class C felony.

SB363, s. 86 Section 86. 947.06 of the statutes is renumbered 947.16.

SB363, s. 87 Section 87. 947.07 of the statutes is created to read:

SB363,36,15 947.07 Explosives, destructive devices, detonators, and weapons of mass destruction. (1) Definitions. In this section:

SB363,36,19 (a) "Biological agent" means a microorganism or an infectious substance, or any naturally occurring, bioengineered, or synthesized toxin or component of a microorganism or an infectious substance, that is capable of causing death, disease, or other biological malfunction in a human, animal, plant, or other living organism.

SB363,36,21 (b) "Crop" means plants that are cultivated for the production of food, fiber, or other commercial products.

SB363,36,24 (c) "Destructive device" means an overpressure device, or a device that contains an explosive or an incendiary and is designed or configured to cause substantial bodily harm, death, or property damage, including any of the following devices:

SB363,36,25 1. A bomb.

SB363,37,1 2. A grenade.

SB363,37,2 3. A rocket having a propellant charge of more than 4 ounces.

SB363,37,4 4. A missile having an explosive or incendiary charge of more than one-quarter ounce.