LRB-4102/1
MGD:cmh:km
1999 - 2000 LEGISLATURE
February 3, 2000 - Introduced by Representatives Ziegelbauer, Musser,
Hundertmark, Underheim, Stone, Ryba, Plouff, Porter, Urban, Pettis and
Wasserman, cosponsored by Senators Drzewiecki, Roessler, Schultz,
Farrow, A. Lasee, Rosenzweig, Darling, Cowles and Panzer. Referred to
Committee on Criminal Justice.
AB713,1,2
1An Act to create 940.208 of the statutes;
relating to: threats to state or county
2social service workers and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits certain threats to cause bodily harm to the person or
family member of a judge, a witness or an official, employe or agent of the department
of revenue, department of commerce or department of workforce development. This
bill prohibits certain threats to cause bodily harm to the person or family member
of a social service worker, defined under the bill to mean an official or an employe of
the department of health and family services, a county department of human
services, a county department of social services, a county department of community
programs or a county department of developmental disabilities services. A threat is
covered by this prohibition if: 1) the person making the threat knows or should have
known that the victim is a social service worker or a member of the social service
worker's family; 2) at the time of the threat, the victim is acting in his or her official
capacity or the threat is made in response to any action taken in an official capacity;
and 3) the victim did not consent to the threat. A person who violates this prohibition
may be imprisoned for up to nine months, fined up to $10,000 or both.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB713, s. 1
3Section
1. 940.208 of the statutes is created to read:
AB713,2,2
1940.208 Threat to state or county social service worker. (1) In this
2section:
AB713,2,43
(a) "Family member" means a parent, spouse, sibling, child, stepchild, foster
4child or treatment foster child.
AB713,2,85
(b) "Social service worker" means an official or employe of the department of
6health and family services, a county department of human services, a county
7department of social services, a county department of community programs or a
8county department of developmental disabilities services.
AB713,2,11
9(2) Whoever intentionally threatens to cause bodily harm to the person or
10family member of a social service worker under all of the following circumstances is
11guilty of a Class A misdemeaner:
AB713,2,1312
(a) At the time of the threat, the actor knows or should have known that the
13victim is a social service worker or a member of the social service worker's family.
AB713,2,1514
(b) The social service worker is acting in an official capacity at the time of the
15threat or the threat is in response to any action taken in an official capacity.
AB713,2,1616
(c) There is no consent by the person threatened.
