AB133-SSA1-SA11,1,1210 938.34 (14d) (d) That the juvenile participate in an educational program under
11sub. (7n) that includes sensitivity training or training in diversity , if the violation
12was committed under circumstances specified in s. 939.645 (1) (b)
.
AB133-SSA1-SA11, s. 3161r
1Section 3161r. 938.34 (14d) (e) of the statutes is created to read:
AB133-SSA1-SA11,2,52 938.34 (14d) (e) That the juvenile participate in an educational program that
3teaches the history of the U.S. flag and the Wisconsin state flag and the significance
4of those flags to the nation and the state, if the violation was committed under
5circumstances specified in s. 939.645 (1m) (b) 2.".
AB133-SSA1-SA11,2,6 63. Page 1436, line 16: after that line insert:
AB133-SSA1-SA11,2,7 7" Section 3182e. 939.645 (1m) of the statutes is created to read:
AB133-SSA1-SA11,2,98 939.645 (1m) (a) In this subsection, "flag" has the meaning given in s. 947.07
9(1).
AB133-SSA1-SA11,2,1110 (b) If a person does all of the following, the penalties for the underlying crime
11are increased as provided in sub. (2):
AB133-SSA1-SA11,2,1212 1. Commits a crime under chs. 939 to 948.
AB133-SSA1-SA11,2,1413 2. While committing the crime under subd. 1., intentionally destroys, damages
14or mutilates a flag or intentionally urinates, defecates or expectorates upon a flag.
AB133-SSA1-SA11, s. 3182f 15Section 3182f. 939.645 (2) (a) of the statutes is amended to read:
AB133-SSA1-SA11,2,1916 939.645 (2) (a) If the crime committed under sub. (1) or (1m) is ordinarily a
17misdemeanor other than a Class A misdemeanor, the revised maximum fine is
18$10,000 and the revised maximum period of imprisonment is one year in the county
19jail.
AB133-SSA1-SA11, s. 3182g 20Section 3182g. 939.645 (2) (b) of the statutes is amended to read:
AB133-SSA1-SA11,2,2421 939.645 (2) (b) If the crime committed under sub. (1) or (1m) is ordinarily a
22Class A misdemeanor, the penalty increase under this section changes the status of
23the crime to a felony and the revised maximum fine is $10,000 and the revised
24maximum period of imprisonment is 2 years.
AB133-SSA1-SA11, s. 3182h
1Section 3182h. 939.645 (2) (c) of the statutes is amended to read:
AB133-SSA1-SA11,3,52 939.645 (2) (c) If the crime committed under sub. (1) or (1m) is a felony, the
3maximum fine prescribed by law for the crime may be increased by not more than
4$5,000 and the maximum period of imprisonment prescribed by law for the crime
5may be increased by not more than 5 years.
AB133-SSA1-SA11, s. 3182i 6Section 3182i. 939.645 (3) of the statutes is amended to read:
AB133-SSA1-SA11,3,107 939.645 (3) This section provides for the enhancement of the penalties
8applicable for the underlying crime. The court shall direct that the trier of fact find
9a special verdict as to all of the issues specified in sub. (1) or (1m), whichever is
10applicable
.
AB133-SSA1-SA11, s. 3182j 11Section 3182j. 939.645 (4) of the statutes is renumbered 939.645 (4) (a) and
12amended to read:
AB133-SSA1-SA11,3,1713 939.645 (4) (a) This section Subsection (1) does not apply to any crime if proof
14of race, religion, color, disability, sexual orientation, national origin or ancestry or
15proof of any person's perception or belief regarding another's race, religion, color,
16disability, sexual orientation, national origin or ancestry is required for a conviction
17for that crime.
AB133-SSA1-SA11, s. 3182k 18Section 3182k. 939.645 (4) (b) of the statutes is created to read:
AB133-SSA1-SA11,3,2119 939.645 (4) (b) Subsection (1m) does not apply to any crime if proof of
20destruction or mutilation of a flag, damage to a flag or urination, defecation or
21expectoration upon a flag is required for a conviction for that crime.
AB133-SSA1-SA11, s. 3182L 22Section 3182L. 943.012 (5) of the statutes is created to read:
AB133-SSA1-SA11,3,2323 943.012 (5) A flag, as defined in s. 947.07 (1).".
AB133-SSA1-SA11,3,24 244. Page 1439, line 7: after that line insert:
AB133-SSA1-SA11,4,1
1" Section 3194z. 947.07 of the statutes is created to read:
AB133-SSA1-SA11,4,3 2947.07 Causing violence or breach of the peace by damaging or
3destroying certain flags.
(1) In this section, "flag" means any of the following:
AB133-SSA1-SA11,4,54 (a) A flag of the United States consisting of horizontal stripes, alternately
5colored red and white, and a union of any number of white stars on a blue field.
AB133-SSA1-SA11,4,76 (b) A Wisconsin state flag under s. 1.08 (1) or any flag that may be used as a
7state flag under s. 1.08 (2).
AB133-SSA1-SA11,4,88 (c) Any copy, picture or representation of a flag specified in par. (a) or (b).
AB133-SSA1-SA11,4,12 9(2) Whoever destroys, damages or mutilates a flag, or urinates, defecates or
10expectorates upon a flag, with the intent to cause imminent violence or a breach of
11the peace under circumstances in which the actor knows that his or her conduct is
12likely to cause violence or a breach of the peace is guilty of a Class E felony.".
AB133-SSA1-SA11,4,13 135. Page 1603, line 24: after that line insert:
AB133-SSA1-SA11,4,17 14"(3z) Crimes affecting certain flags. The treatment of sections 938.34 (14d)
15(d) and (e), 939.645 (1m), (2) (a), (b) and (c), (3) and (4) (b), 943.012 (5) and 947.07 of
16the statutes first applies to offenses occurring on the effective date of this
17subsection.".
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