AB1140,42,9
1(c) No later than 24 hours after receiving the information under par. (b), the
2sheriff or other appropriate local law enforcement agency under par. (b) shall enter
3the information concerning a temporary restraining order issued under sub. (2t) or
4concerning an injunction issued, extended, or vacated under this section into the
5transaction information for management of enforcement system. The sheriff or other
6appropriate local law enforcement agency shall also make available to other law
7enforcement agencies, through a verification system, information on the existence
8and status of any order or injunction issued under this section. The information need
9not be maintained after the order or injunction is no longer in effect.
AB1140,42,1110 (d) 1. The court may schedule a hearing to surrender firearms for any reason
11relevant to the surrender of firearms.
AB1140,42,1612 2. If the respondent does not comply with an order issued at a hearing to
13surrender firearms, or a law enforcement officer has probable cause to believe that
14the respondent possesses a firearm, the law enforcement officer shall request a
15search warrant to seize the firearms and may use information contained in the
16petition to establish probable cause.
AB1140,42,19 17(6) Penalty for false swearing. Whoever files a petition under this section for
18knowing the information in the petition to be false is subject to prosecution for false
19swearing under s. 946.32 (1).
AB1140,42,23 20(7) Return of firearms and form. (a) A firearm surrendered under this section
21may not be returned to the respondent until the respondent completes a petition for
22the return of firearms under par. (c) and a judge or circuit court commissioner
23determines all of the following:
AB1140,42,2524 1. If a temporary restraining order was issued, that the temporary restraining
25order has expired and no injunction has been issued.
AB1140,43,2
12. If an injunction was issued, that the injunction has been vacated or has
2expired and not been extended.
AB1140,43,73 3. That the person is not prohibited from possessing a firearm under any state
4or federal law or by the order of any federal court or state court, other than an order
5from which the judge or circuit court commissioner is competent to grant relief. The
6judge or commissioner shall use the information provided under s. 165.63 to aid in
7making the determination under this subdivision.
AB1140,43,168 (b) If a respondent surrenders under this section a firearm that is owned by a
9person other than the respondent, the person who owns the firearm may apply for
10its return to the circuit court for the county in which the person to whom the firearm
11was surrendered is located. The court shall order such notice as it considers
12adequate to be given to all persons who have or may have an interest in the firearm
13and shall hold a hearing to hear all claims to its true ownership. If the right to
14possession is proved to the court's satisfaction, it shall order the firearm returned.
15If the court returns a firearm under this paragraph, the court shall inform the person
16to whom the firearm is returned of the requirements and penalties under s. 941.2905.
AB1140,43,1817 (c) The director of state courts shall develop a petition for the return of firearms
18form that is substantially the same as the form under s. 813.1285 (5) (b).
AB1140,43,24 19(8) Notice of full faith and credit. A temporary restraining order issued
20under sub. (2t) and an injunction issued under sub. (3) shall include a statement that
21the order or injunction may be accorded full faith and credit in every civil or criminal
22court of the United States, civil or criminal courts of any other state, and Indian
23tribal courts to the extent that such courts may have personal jurisdiction over
24nontribal members.
AB1140,87 25Section 87 . 813.126 (1) of the statutes is amended to read:
AB1140,44,11
1813.126 (1) Time limits. If a party seeks to have the judge conduct a hearing
2de novo under s. 757.69 (8) of a determination, order, or ruling entered by a court
3commissioner in an action under s. 813.12, 813.122, 813.123, 813.124, or 813.125,
4including a denial of a request for a temporary restraining order, the motion
5requesting the hearing must be filed with the court within 30 days after the circuit
6court commissioner issued the determination, order, or ruling. The court shall hold
7the de novo hearing within 30 days after the motion requesting the hearing is filed
8with the court unless the court finds good cause for an extension. Any determination,
9order, or ruling entered by a court commissioner in an action under s. 813.12,
10813.122, 813.123, 813.124, or 813.125 remains in effect until the judge in the de novo
11hearing issues his or her final determination, order, or ruling.
AB1140,88 12Section 88. 813.127 of the statutes is amended to read:
AB1140,44,19 13813.127 Combined actions; domestic abuse, child abuse, extreme risk
14protection,
and harassment. A petitioner may combine in one action 2 or more
15petitions under one or more of the provisions in ss. 813.12, 813.122 , 813.124, and
16813.125 if the respondent is the same person in each petition. In any such action,
17there is only one fee applicable under s. 814.61 (1) (a). In any such action, the
18hearings for different types of temporary restraining orders or injunctions may be
19combined.
AB1140,89 20Section 89 . 813.128 (2g) (b) of the statutes is amended to read:
AB1140,44,2521 813.128 (2g) (b) A foreign protection order or modification of the foreign
22protection order that meets the requirements under this section has the same effect
23as an order issued under s. 813.12, 813.122, 813.123, 813.124, or 813.125, except that
24the foreign protection order or modification shall be enforced according to its own
25terms.
AB1140,90
1Section 90. 938.208 (1) (b) of the statutes is amended to read:
AB1140,45,62 938.208 (1) (b) Probable cause exists to believe that the juvenile possessed,
3used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d),
4short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as
5defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony
6under ch. 940 if committed by an adult.
AB1140,91 7Section 91 . 938.34 (4m) (b) 2. of the statutes is amended to read:
AB1140,45,128 938.34 (4m) (b) 2. The juvenile has possessed, used or threatened to use a
9handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as
10defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c),
11while committing a delinquent act that would be a felony under ch. 940 if committed
12by an adult.
AB1140,92 13Section 92 . 938.341 of the statutes is amended to read:
AB1140,45,17 14938.341 Delinquency adjudication; restriction on firearm possession.
15Whenever a court adjudicates a juvenile delinquent for an act that if committed by
16an adult in this state would be a felony or for a violation under s. 175.33 (2), the court
17shall inform the juvenile of the requirements and penalties under s. 941.29.
AB1140,93 18Section 93. 939.22 (21) (em) of the statutes is amended to read:
AB1140,45,2019 939.22 (21) (em) Battery or threat to witness a juror, as prohibited in s. 940.201
20940.202.
AB1140,94 21Section 94. 939.22 (21) (k) of the statutes is amended to read:
AB1140,45,2222 939.22 (21) (k) Intimidation of witnesses, as prohibited in s. 940.42 or 940.43.
AB1140,95 23Section 95. 939.22 (21) (L) of the statutes is amended to read:
AB1140,45,2424 939.22 (21) (L) Intimidation of victims, as prohibited in s. 940.44 or 940.45.
AB1140,96 25Section 96. 939.31 of the statutes is amended to read:
AB1140,46,7
1939.31 Conspiracy. Except as provided in ss. 940.43 (4), 940.45 (4) (2m) (d),
2940.44 (2m) (d),
and 961.41 (1x), whoever, with intent that a crime be committed,
3agrees or combines with another for the purpose of committing that crime may, if one
4or more of the parties to the conspiracy does an act to effect its object, be fined or
5imprisoned or both not to exceed the maximum provided for the completed crime;
6except that for a conspiracy to commit a crime for which the penalty is life
7imprisonment, the actor is guilty of a Class B felony.
AB1140,97 8Section 97. 939.32 (1) (c) of the statutes is amended to read:
AB1140,46,119 939.32 (1) (c) Whoever attempts to commit a crime under ss. 940.42 to 940.45
10s. 940.43 or 940.44 is subject to the penalty for the completed act, as provided in s.
11940.46.
AB1140,98 12Section 98. 939.6195 (1) (a) 1. of the statutes is amended to read:
AB1140,46,1313 939.6195 (1) (a) 1. A violation of s. 941.29 or, 941.2905, or 941.293.
AB1140,99 14Section 99. 939.632 (1) (e) 1. of the statutes, as affected by 2021 Wisconsin Act
1576
, is amended to read:
AB1140,46,2116 939.632 (1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
17(1c), 940.19 (2), (4) or (5), 940.198 (2) (a) or (c), 940.21, 940.225 (1), (2) or (3), 940.235,
18940.305, 940.31, 940.43, 940.44, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.23
19(1g), 943.32 (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or
204., 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, or 948.30 (2) or under s.
21940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
AB1140,100 22Section 100. 939.632 (1) (e) 3. of the statutes is amended to read:
AB1140,46,2423 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32
24(2), 940.42, 940.44, 941.20 (1), 941.23, 941.231, 941.235, or 941.38 (3).
AB1140,101 25Section 101. 939.74 (2d) (b) of the statutes is created to read:
AB1140,47,6
1939.74 (2d) (b) Notwithstanding that the applicable time limitation under sub.
2(1) or (2) has expired, if a deoxyribonucleic acid profile implicates a known person in
3the commission of a felony, the state may commence prosecution of that person for
4the felony or a crime that is related to the felony for a period of time following the
5implication of the person in the felony that is equal to the applicable time limitation
6under sub. (1) or (2).
AB1140,102 7Section 102. 939.74 (2d) (c) of the statutes is repealed.
AB1140,103 8Section 103. 939.74 (2d) (e) of the statutes is repealed.
AB1140,104 9Section 104. 940.03 of the statutes is amended to read:
AB1140,47,15 10940.03 Felony murder. Whoever causes the death of another human being
11while committing or attempting to commit a crime specified in s. 940.19, 940.195,
12940.20, 940.201 940.202, 940.203, 940.225 (1) or (2) (a), 940.30, 940.31, 940.43 (3m),
13943.02, 943.10 (2), 943.23 (1g), or 943.32 (2) may be imprisoned for not more than 15
14years in excess of the maximum term of imprisonment provided by law for that crime
15or attempt.
AB1140,105 16Section 105. 940.20 (3) (title) of the statutes is renumbered 940.202 (title) and
17amended to read:
AB1140,47,18 18940.202 (title) Battery or threat to jurors.
AB1140,106 19Section 106. 940.20 (3) of the statutes is renumbered 940.202 (2) and amended
20to read:
AB1140,47,2521 940.202 (2) Whoever intentionally causes bodily harm or threatens to cause
22bodily harm
to a person who he or she knows or has reason to know is or was a grand
23or petit
juror, and by reason of any verdict or indictment assented to by the person
24the person's service as a juror, without the consent of the person injured, harmed or
25threatened
is guilty of a Class H felony.
AB1140,107
1Section 107. 940.201 (title) and (1) of the statutes are repealed.
AB1140,108 2Section 108. 940.201 (2) of the statutes is renumbered 940.43 (3m), and 940.43
3(3m) (intro.), as renumbered, is amended to read:
AB1140,48,54 940.43 (3m) (intro.) Whoever does any of the following is guilty of a Class H G
5felony:
AB1140,109 6Section 109. 940.202 (1) and (3) of the statutes are created to read:
AB1140,48,77 940.202 (1) In this section:
AB1140,48,98 (a) “Family member” means a spouse, child, stepchild, foster child, parent,
9sibling, or grandchild.
AB1140,48,1210 (b) “Juror” means a person who is or was a grand or petit juror or is a
11prospective grand or petit juror who has received a summons to appear for jury
12service.
AB1140,48,17 13(3) Whoever intentionally causes bodily harm or threatens to cause bodily
14harm to a person who he or she knows or has reason to know is a family member of
15a juror or is sharing a common domicile with a juror, for a reason related to the juror's
16service as a juror, without the consent of the person harmed or threatened is guilty
17of a Class H felony.
AB1140,110 18Section 110. 940.41 (intro.) of the statutes is amended to read:
AB1140,48,19 19940.41 Definitions. (intro.) In ss. 940.42 940.43 to 940.49:
AB1140,111 20Section 111. 940.41 (1d) of the statutes is created to read:
AB1140,48,2221 940.41 (1d) “Family member” means a spouse, child, stepchild, foster child,
22parent, sibling, or grandchild.
AB1140,112 23Section 112. 940.42 of the statutes is repealed.
AB1140,113 24Section 113. 940.43 (title) of the statutes is amended to read:
AB1140,48,25 25940.43 (title) Intimidation of witnesses ; felony.
AB1140,114
1Section 114. 940.43 of the statutes is renumbered 940.43 (2m), and 940.43
2(2m) (intro.), (b), (c) and (e), as renumbered, are amended to read:
AB1140,49,43 940.43 (2m) (intro.) Whoever violates s. 940.42 sub. (1m) under any of the
4following circumstances is guilty of a Class G felony:
AB1140,49,65 (b) Where the act is accompanied by injury or damage to the real or personal
6property of any person covered under sub. (1) par. (a).
AB1140,49,87 (c) Where the act is accompanied by any express or implied threat of force,
8violence, injury or damage described in sub. (1) or (2) par. (a) or (b).
AB1140,49,139 (e) Where the act is committed by any person who has suffered any prior
10conviction for any violation under this section, s. 943.30, 1979 stats., ss. s. 940.42 to
11940.45
, 2019 stats., s. 940.44, or any federal statute or statute of any other state
12which, if the act prosecuted was committed in this state, would be a violation under
13ss. 940.42 to 940.45 this section or s. 940.44.
AB1140,115 14Section 115. 940.43 (1m) of the statutes is created to read:
AB1140,49,1715 940.43 (1m) Whoever knowingly uses intimidation against, threatens, or
16corruptly persuades another person or engages in misleading conduct toward
17another person with intent to do any of the following is guilty of a Class H felony:
AB1140,49,1918 (a) Influence, dissuade, delay, or prevent the testimony of any person at any
19trial, proceeding, or inquiry authorized by law.
AB1140,49,2020 (b) Cause or induce any person to do any of the following:
AB1140,49,2221 1. Withhold testimony or a record, document, or other object from any trial,
22proceeding, or inquiry authorized by law.
AB1140,49,2523 2. Alter, destroy, mutilate, or conceal any record, document, or other object with
24intent to impair its integrity or availability for use in any trial, proceeding, or inquiry
25authorized by law.
AB1140,50,3
13. Evade legal process summoning the person as a witness or to produce a
2record, document, or other object in any trial, proceeding, or inquiry authorized by
3law.
AB1140,50,54 4. Be absent from any trial, proceeding, or inquiry authorized by law to which
5the person has been summoned by legal process.
AB1140,50,86 (c) Hinder, delay, or prevent the communication of information relating to the
7commission or possible commission of a violation of the criminal code to a law
8enforcement officer, public officer, or public employee.
AB1140,116 9Section 116. 940.44 (title) of the statutes is amended to read:
AB1140,50,10 10940.44 (title) Intimidation of victims ; misdemeanor.
AB1140,117 11Section 117. 940.44 of the statutes is renumbered 940.44 (1m), and 940.44
12(1m) (intro.), as renumbered, is amended to read:
AB1140,50,1713 940.44 (1m) (intro.) Except as provided in s. 940.45, whoever Whoever
14knowingly and maliciously prevents or dissuades, or who attempts to so prevent or
15dissuade,
another person who has been the victim of any crime or who is acting on
16behalf of the victim from doing any of the following is guilty of a Class A
17misdemeanor
H felony:
AB1140,118 18Section 118. 940.45 (title) of the statutes is repealed.
AB1140,119 19Section 119. 940.45 of the statutes is renumbered 940.44 (2m), and 940.44
20(2m) (intro.), (b), (c) and (e), as renumbered, are amended to read:
AB1140,50,2221 940.44 (2m) (intro.) Whoever violates s. 940.44 sub. (1m) under any of the
22following circumstances is guilty of a Class G felony:
AB1140,50,2423 (b) Where the act is accompanied by injury or damage to the real or personal
24property of any person covered under sub. (1) par. (a).
AB1140,51,2
1(c) Where the act is accompanied by any express or implied threat of force,
2violence, injury or damage described in sub. (1) or (2) par. (a) or (b).
AB1140,51,73 (e) Where the act is committed by any person who has suffered any prior
4conviction for any violation under this section, s. 943.30, 1979 stats., ss. s. 940.42 to
5940.45
, 2019 stats., s. 940.43, or any federal statute or statute of any other state
6which, if the act prosecuted was committed in this state, would be a violation under
7ss. 940.42 to 940.45 this section or s. 940.43.
AB1140,120 8Section 120. 940.46 of the statutes is amended to read:
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