SB363: Bill Text

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.

SB363,37,5 5. A mine.

SB363,37,11 (d) "Detonator" means a device containing an exploding charge used to initiate detonation in an explosive or a destructive device, or any device capable of initiating or setting off an explosive charge including, but not limited to, an impact device, a timing mechanism, a primer, primer or detonating cord, a detonating cap, detonating waves, electric blasting caps, blasting caps for use with safety fuses, a shock tube initiator, or detonating cord delay connectors.

SB363,37,14 (e) "Device component" means any equipment, product, or material of any kind that is used, designed for use, or primarily intended for use in constructing a destructive device or a weapon of mass destruction.

SB363,37,21 (f) "Explosive" means any chemical compound, other substance, or mechanical system that is intended to produce an explosion capable of causing substantial bodily harm, death, or property damage, including such a compound, substance, or system that contains oxidizing and combustible units in proportions or quantities that ignition, fire, friction, concussion, percussion, or detonation may produce an explosion; including, but not limited to, items on the list of explosive materials published pursuant to 18 USC 841 (d) and 27 CFR 55.23.

SB363,38,2 (g) "Facsimile device or substance" means a replica or imitation of an explosive, destructive device, detonator, or weapon of mass destruction, or an object that bears a reasonable resemblance to, or can reasonably be perceived to be, such an item, or an object that is represented to be such an item, but not an actual explosive, destructive device, detonator, or weapon of mass destruction.

SB363,38,4 (h) "Incendiary" means any material that causes or is capable of causing a fire when lit or ignited.

SB363,38,5 (i) "Livestock" has a meaning given in s. 943.76 (1).

SB363,38,7 (j) "Microorganism" includes a bacterium, virus, fungus, rickettsia, or protozoan.

SB363,38,12 (k) "Overpressure device" means a container filled with an explosive gas or an expanding gas or liquid that is designed or constructed to break, fracture, or rupture in a manner capable of causing substantial bodily harm, death, or property damage, including, but not limited to, a chemical reaction bomb, an acid bomb, a caustic bomb, or a dry ice bomb.

SB363,38,15 (L) "Poisonous gas" means a gas that through its chemical action on life processes can cause death, temporary incapacitation, or permanent harm to humans or other living organisms.

SB363,38,18 (m) "Site" means a building, dwelling, school premises, vehicle, facility of public transportation, a place of public assembly, or any room within a building, dwelling, or school premises.

SB363,38,21 (n) "Toxic chemical" means a chemical that through its chemical action on life processes can cause death, temporary incapacitation, or permanent harm to human or other living organisms.

SB363,38,22 (o) "Weapon of mass destruction" means any of the following:

SB363,38,24 1. A poisonous gas or toxic chemical, a precursor of a poisonous gas or toxic chemical, or a biological agent

SB363,39,3 2. A device that is designed or intended to release or disseminate a poisonous gas or a toxic chemical, a precursor of a poisonous gas or toxic chemical, or a biological agent.

SB363,39,5 3. A device that is designed or intended to release radiation or radioactivity at a level that is dangerous to human life.

SB363,39,8 (2) Manufacture, trade, or possession. (a) Whoever manufactures, buys, sells, offers to sell, transfers, distributes, or possesses an explosive or a destructive device is guilty of a Class C felony.

SB363,39,10 (b) Whoever manufactures, buys, sells, offers to sell, transfers, distributes, or possesses a detonator with intent to commit a crime is guilty of a Class C felony.

SB363,39,12 (c) Whoever manufactures, buys, sells, offers to sell, transfers, distributes, or possesses a weapon of mass destruction is guilty of a Class A felony.

SB363,39,16 (d) Whoever manufactures, buys, sells, offers to sell, transfers, distributes, uses, or possesses a device component with intent that the device component be used to construct or assemble a destructive device or a weapon of mass destruction is guilty of a Class C felony.

SB363,39,18 (3) Use. (a) Whoever uses an explosive or a destructive device is guilty of a Class B felony.

SB363,39,20 (b) Whoever uses a detonator with intent to commit a crime is guilty of a Class B felony.

SB363,39,21 (c) Whoever uses a weapon of mass destruction is guilty of a Class A felony.

SB363,40,2 (4) Facsimile devices or substances. Whoever, with intent to alarm, intimidate, threaten, terrify, or harass another, manufactures, possesses, transfers, transports, delivers, distributes, displays, or deploys a facsimile device or substance is guilty of a Class D felony if another reasonably believes that the facsimile device or substance is real.

SB363,40,6 (5) Threats. (a) Whoever knowing the threat to be false makes or communicates a threat to use or attempt to use an explosive, a destructive device, or a weapon of mass destruction, if another reasonably believes the threat to be true, is guilty of a Class E felony.

SB363,40,8 (b) Whoever violates par. (a) under any of the following circumstances is guilty of a Class D felony:

SB363,40,11 1. With intent to cause an evacuation or to prevent occupation of a site, or with reckless disregard of the risk of causing an evacuation or preventing occupation of a site is guilty of a Class D felony.

SB363,40,13 2. With intent to cause serious public inconvenience or with reckless disregard of the risk of causing serious public inconvenience.

SB363,40,17 3. With intent to cause an interruption or impairment of governmental operations or public communication, of transportation, or a supply of water, gas, or other public service, or with reckless disregard of the risk of causing such an interruption or impairment.

SB363,40,22 (c) Whoever makes or communicates a threat to use a weapon of mass destruction to kill or sicken livestock or a crop owned by another without the consent of the owner or to damage public natural resources including public parkland, surface water, groundwater, or wildlife, if another reasonably believes the threat to be true, is guilty of a Class B felony.

SB363,40,24 (6) Exceptions for certain persons. Subsections (2) and (3) do not apply to the following persons:

SB363,41,5 (a) Persons licensed under federal or state law to import, manufacture, or deal in explosives, destructive devices, or detonators, persons granted permits under federal or state law to use explosives, destructive devices, or detonators, or persons authorized under federal or state law to transport explosives, destructive devices, or detonators in commerce with respect to the activity that is authorized.

SB363,41,8 (b) Members of the U.S. armed forces, the national guard, or a reserve component of the U.S. armed forces, while on active duty or in training, who are authorized to use explosives, destructive devices, or detonators.

SB363,41,10 (c) Law enforcement officers or fire fighters, while on active duty or in training, who are authorized to use explosives, destructive devices, or detonators.

SB363,41,15 (d) Persons conducting research or education concerning explosives, destructive devices, detonators, or weapons of mass destruction on behalf of a university, college, technical college, or secondary school, if the research or education is authorized by the university, college, technical college, or secondary school and is not otherwise prohibited by law.

SB363,41,18 (7) Exceptions for certain acts. Subsections (2) and (3) do not apply to the manufacture, purchase, sale, offer to sell, transfer, distribution, or possession of the following:

SB363,41,21 (a) Fireworks, as defined in s. 167.10 (1), by persons authorized under s. 167.10 to manufacture, sell, transport, use, or possess fireworks except if the firework is used as a component of a destructive device or a weapon of mass destruction.

SB363,41,23 (b) Pesticides approved for use under federal law or fertilizer, if the pesticides or fertilizer are intended to be used for agricultural purposes.

SB363,41,25 (c) Ammunition for firearms or components for ammunition for firearms that are designed to shoot no more than one shot without manual reloading.

SB363,42,2 (d) An explosive for use in a medicine as prescribed in the most recent U.S. pharmacopoeia and national formulary.

SB363,42,8 (8) Evidence. A photograph, electronic image, videotape, or other identifying evidence of an explosive, destructive device, detonator, or weapon of mass destruction that is properly authenticated as provided under ch. 909 is admissible as evidence in lieu of the actual explosive, destructive device, detonator, or weapon of mass destruction in any action or proceeding concerning an explosive, destructive device, detonator, or weapon of mass destruction.

SB363, s. 88 Section 88. 947.08 of the statutes is created to read:

SB363,42,10 947.08 Material support of terrorism. (1) In this section:

SB363,42,12 (a) "Act of terrorism" means a crime that satisfies s. 939.648 (2) (a), (b), and (c) or an act that would satisfy s. 939.648 (2) (a), (b), and (c) if committed in this state.