SB363: Bill Text

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.

SB363,42,13 (b) "Material support" means any of the following:

SB363,42,14 1. Currency or securities.

SB363,42,15 2. Financial services.

SB363,42,16 3. Personnel.

SB363,42,17 4. Transportation.

SB363,42,18 5. Training, expert advice, or assistance.

SB363,42,19 6. Lodging, safe houses, or other facilities.

SB363,42,20 7. False documentation or identification.

SB363,42,22 8. Any physical assets, including communications equipment, dangerous weapons, poisonous substances, and explosives.

SB363,42,25 (c) "Solicit" means to request, directly or indirectly, a grant or pledge of material support, whether or not the person soliciting receives any grant or pledge of material support.

SB363,43,1 (2) No person may do any of the following:

SB363,43,4 (a) Solicit or collect material support if he or she knows or has reason to know that the material support is intended to be used in whole or in part to plan, prepare, commit, or escape after committing an act of terrorism.

SB363,43,7 (b) Provide material support to another if he or she knows or has reason to know that the material support is intended to be used in whole or in part to plan, prepare, commit, or escape after committing an act of terrorism.

SB363,43,8 (3) A person who violates sub. (2) is guilty of a Class C felony.

SB363, s. 89 Section 89. 968.26 of the statutes is renumbered 968.26 (1) and amended to read:

SB363,44,5 968.26 (1) If a person complains to a judge that he or she has reason to believe that a crime has been committed within his or her jurisdiction, the judge shall examine the complainant under oath and any witnesses produced by him or her and may, and at the request of the district attorney shall, subpoena and examine other witnesses to ascertain whether a crime has been committed and by whom committed. The extent to which the judge may proceed in the examination is within the judge's discretion. The examination may be adjourned and may be secret. Any witness examined under this section subsection may have counsel present at the examination but the counsel shall not be allowed to examine his or her client, cross-examine other witnesses or argue before the judge. If it appears probable from the testimony given that a crime has been committed and who committed it, the complaint may be reduced to writing and signed and verified; and thereupon a warrant shall issue for the arrest of the accused. Subject to s. 971.23, if the proceeding is secret, the record of the proceeding and the testimony taken shall not be open to inspection by anyone except the district attorney unless it is used by the prosecution at the preliminary hearing or the trial of the accused and then only to the extent that it is so used. A court, on the motion of a district attorney, may compel a person to testify or produce evidence under s. 972.08 (1). The person is immune from prosecution as provided in s. 972.08 (1), subject to the restrictions under s. 972.085.

SB363, s. 90 Section 90. 968.26 (2) of the statutes is created to read:

SB363,44,14 968.26 (2) Upon his or her own initiative or at the request of a district attorney, the attorney general may petition the chief judge of any judicial administrative district within which there is reason to investigate unlawful activity under s. 165.70 for an order convening a John Doe proceeding having statewide investigative jurisdiction. If the chief judge grants the order, he or she may conduct the proceeding or assign another judge to conduct the proceeding. The attorney general shall represent the state in the proceeding. The venue of any criminal action resulting from the proceeding is prescribed in s. 971.19.

SB363, s. 91 Section 91. 968.265 of the statutes is created to read:

SB363,44,17 968.265 Order for disclosure of depositor information. (1) In this section:

SB363,44,20 (a) "Depository account" means any account at a financial institution in which a person may deposit money, or a safe deposit box in which a person may deposit property.

SB363,44,24 (b) "Financial institution" means a bank, savings bank, savings and loan association, credit union, insurance company, trust company, 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.

SB363,45,7 (2) Upon the request of the attorney general or a district attorney and a showing that the information requested is relevant to a criminal investigation, a court shall issue an order requiring any financial institution to disclose to the attorney general or district attorney whether the person named in the order has a depository account with the financial institution or whether the person has had a depository account with the financial institution at a prior specified time. Any person who intentionally violates such an order may be punished under ch. 785.

SB363, s. 92 Section 92. 968.27 (intro.) of the statutes is amended to read:

SB363,45,9 968.27 Definitions. (intro.) In ss. 968.28 968.275 to 968.37:

SB363, s. 93 Section 93. 968.27 (14m) of the statutes is created to read:

SB363,45,13 968.27 (14m) "Roving interception order" means an order granting an application made under s. 968.30 (1) or (6m) with respect to which the requirements of s. 968.30 (11) (a) or (b) have been met.

SB363, s. 94 Section 94. 968.275 of the statutes is created to read:

SB363,45,22 968.275 Order for disclosure of subscriber information. (1) Upon the request of the attorney general or a district attorney and a showing that the information requested is relevant to a criminal investigation, a court shall issue an order requiring any electronic communications service provider to disclose to the attorney general or district attorney whether the person identified in the order is or was a subscriber or customer of the service provider at a specified time and, if the person is or was a subscriber or customer, requiring the electronic communications service provider to provide the following information regarding the person:

SB363,45,23 (a) Name.

SB363,45,24 (b) Address.

SB363,46,2 (c) Local and long distance telephone connection records, or records of times and duration of service usage.

SB363,46,3 (d) Start date and length of service.

SB363,46,4 (e) Types of services provided.

SB363,46,6 (f) Telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address.

SB363,46,8 (g) The means and sources of payment for services, including any credit card or bank account number used.

SB363,46,10 (2) Any person who intentionally violates an order under sub. (1) may be punished under ch. 785.

SB363, s. 95 Section 95. 968.28 of the statutes is amended to read:

SB363,46,25 968.28 Application for court order to intercept communications. The attorney general together with the district attorney of any county may approve a request of an investigative or law enforcement officer to apply to the chief judge of the judicial administrative district for the county where the interception is to take place for an order authorizing or approving the interception of wire, electronic or oral communications. The chief judge may under s. 968.30 grant an order authorizing or approving the interception of wire, electronic or oral communications by investigative or law enforcement officers having responsibility for the investigation of the offense for which the application is made. The authorization shall be permitted only if the interception may provide or has provided evidence of the commission of the offense of homicide, felony murder, kidnapping, commercial gambling, bribery, extortion, dealing in controlled substances or controlled substance analogs, a computer crime that is a felony under s. 943.70, any felony that is dangerous to life, limb, or property, or any conspiracy to commit any of the foregoing offenses.

SB363, s. 96 Section 96. 968.30 (1) (intro.) of the statutes is amended to read:

SB363,47,6 968.30 (1) (intro.) Each application for an order authorizing or approving the interception of a wire, electronic or oral communication shall be made in writing upon oath or affirmation to the court and shall state the applicant's authority to make the application and may be upon personal knowledge or information and belief. Each Subject to sub. (11), each application shall include the following information:

SB363, s. 97 Section 97. 968.30 (4) (intro.) of the statutes is amended to read: